My wife has just been refused her settlement visa on grounds very similar to mikeybee's post here
Settlement Refusal - Thailand Forum. Again no interview was offered
Here's the full text of the refusal
You have applied for an entry clearance to the United Kingdom as the spouse of XXXXXXXXX. However I am not satisfied on the balance of probabilities that your application meets the requirements of paragraph 281, and in particular
That there will be adequate accommodation for you and your spouse (and any dependants) without the recourse to public funds which you and your spouse own or occupy exclusively
That you and your spouse will be able to maintain yourselves and any dependants adequately without recourse to public funds.
Because
You have applied to travel with your husband XXXXXXXX to the United Kingdom. You were married in Thailand on XXXXXXXXX and have produced a marriage certificate from Thailand.
I note that you live in Thailand with your husband. You state there will be accommodation for you in the United Kingdom and have provided documentary evidence in support of this. I note that you have provided documentation from Mr and Mrs XXXXXX and XXXXXX in support of your application. You have explained that they are your husband’s parents and have guaranteed your accommodation in the United Kingdom. I am satisfied you have third party sponsorship in your application. You have not provided evidence to establish your sponsor’s ownership/rental of the property in which it is proposed you will live, or any indication that mortgage/rental commitments are being honoured. Without this, I am not satisfied that the accommodation is secure, or hence that you will be accommodated without the recourse to public funds.
You have not provided any documentary evidence of your sponsor’s employment. In absence of any further evidence I am satisfied on the balance of probability that your sponsor is not in employment and had provided no evidence that this would change in the reasonably foreseeable future. Similarly, you have no obvious employment prospects.
In reaching my decision, I have also taken account of the Human Rights Act. Whilst I accept that this decision constitutes limited interference with Article 8, I remind myself that this is a qualified right, and I am satisfied that the decision is justified and proportionate in the interests of maintaining an effective Immigration Control. I am also aware of the fact that there is nothing in English law, which prohibits the sponsor from travelling to Thailand and enjoying family life with you here in this country.
For the first part we provided an old estate agents brochure for the house along with a letter saying it was the property of my parents (they subsequently decided not to sell), along with bank and building society statements showing it as their address. In both me parents and my own covering letter we stated that they owned their own property so there would be no mortgage or rental agreements and that they were currently in Thailand and would be available to attend an interview if the need arose.
As for part two I'm incredulous. We stated that I wasn’t employed and we supported ourselves from my wife’s business here in Thailand (my dairy herd has been decimated by TB, there's a post in the farming section if anyone’s interested). Any employment we had here would be a moot point if we were returning to the UK and apart from that my parents had already agreed to sponsor us.
I've already sent an e-mail off to the Embassy asking for a review of the case on the grounds that we have provided evidence on "balance of probability" that accommodation is available and referring to Diplomatic Service Procedures - Entry clearance , Volume 1 - General instructions chapter 9 in particular 9.3 and 9.7
9.3 - Maintenance: General requirements
The Rules require that there be adequate maintenance for applicants without recourse to public funds. This means that either the applicants have their own funds (or funds available to them) or a friend/relative will sponsor them. A combination of these is also acceptable
My Parents provided active bank current account statements showing an end of month balance of over 6,000 pounds and a savings account showing a balance of 27,000 pounds along with a copy of our Thai bank book and details of further assets to be sold before we return home.
9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners
If the applicant and/or sponsor has skills or qualifications which offer a reasonable chance of obtaining employment or already has employment arranged, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries
While my wife only has a high school diploma ( she hasn’t finished here degree yet) I have a Degree in Aeronautical Engineering along with a City and Guilds as an Aircraft Propulsion Technician, at only 42 I feel that that shows a reasonable chance of finding employment.
Anyway any advice on the best way to proceed with the appeal would be helpful
RC