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6 month visa refusal for Chinese wife

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Glynnpt
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6 month visa refusal for Chinese wife

Post by Glynnpt » Sun Sep 17, 2017 11:30 am

My first time here, so apologies if this is inappropriate. My Chinese wife has just retired and applied for a 6 month family visa application which was refused. We supplied all relevant documentation. She has been to the UK twice without any problems. I supplied detailed financial and residence paperwork, as we have done before. We decided to disclose that we were going to be applying for Permanent Residency and gave details of how far we had progressed down that route. We had intended to get the tuberculosis test and the English language test completed while she was here. I gave contact details for the agency we are using, so it could be checked. I felt that complete disclosure was appropriate as if we had not done so and it was discovered at a later date that we had not mentioned relevant information the Permanent Residency application could have been refused.
As a result the refusal was due to not meeting requirements paragraph V4.2 of Appendix V. The visa official stated he/she did not feel my wife would return to China at the end of the visa. I feel we have been discriminated against because we wanted to be completely honest and truthful.
Is there anyone here who can give us advice with regard to finding someone in the visa department to contact. I have emailed various UK #Consulates in China, the appeals website on the government sites, but I do not think I will get far unless I get a more definite person, or department to contact. Sorry this was so long, but I think it needed details if anyone were to be able to help

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CR001
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Re: 6 month visa refusal for Chinese wife

Post by CR001 » Sun Sep 17, 2017 11:40 am

I feel we have been discriminated against because we wanted to be completely honest and truthful.
Don't be silly. There is no discrimination here and the refusal of a visit visa is correct if you stated the intent to settle in the UK. She doesn't qualify for PR anyway so it was silly to state that.

What is your nationality and immigration status?
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Glynnpt
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Re: 6 month visa refusal for Chinese wife

Post by Glynnpt » Sun Sep 17, 2017 11:45 am

I am British. We did not state the intent was to settle in the UK during this visa. We stated that we were going to apply. The application would have been put in after she had returned to China when the visa expired. As I understand it she has to be in her own country during the process.

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Re: 6 month visa refusal for Chinese wife

Post by CR001 » Sun Sep 17, 2017 11:49 am

By stating the intent to apply 'at some point', doubt has been cast on her application and her being a 'genuine visitor'.

UKVI are far more stingent in granting visit visas now and even more so when the intent to settle is made. They take the view that you are applying for a visitor visa to bypass the stricter spouse visa route.

Years of abuse of visitor visas has lead to this where spouse's arrive as a visitor and then never leave and make numerous different applications in the UK to try stay.

It would have been more simple to apply for the spouse visa.
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Re: 6 month visa refusal for Chinese wife

Post by Casa » Sun Sep 17, 2017 11:51 am

In stating an application for a Spouse visa would be submitted in the future, the ECO will consider this as an intention to settle. Is there any reason why your wife can't apply for her spouse visa now?

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Re: 6 month visa refusal for Chinese wife

Post by Casa » Sun Sep 17, 2017 11:56 am

Regarding the tuberculosis test, my understanding is that you won't find a UKVI approved test clinic in the UK.
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Glynnpt
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Re: 6 month visa refusal for Chinese wife

Post by Glynnpt » Sun Sep 17, 2017 12:01 pm

I'm sorry, I'm getting very confused with all the technical types of visa and the rest of it. The problem has been that although we would most likely satisfy the criteria, certified documents regarding our pensions has not been easily available until now. And although wee do have a lot more savings than is required, they have been tied up in property. My plan now is to just speed that up and get her to take the tuberculosis test and English test in Guangzhou rather than take things more leisurely. It just seems crazy to refuse the application as I gave no end of financial details, land registry documents to prove property ownership, bank statements and so on. If she had overstayed one day, it would have been easy to get to me. Not only that but it would have meant by disappearing in the UK, she could never have gone home to see her relatives and then returned at all

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