Student Visa Denied...any Advice On Reapplication...?

[yosemitesam]

GF applied to study English at language school in UK for 3 months, while I return with her to get some work experience back in the UK before coming back here to a better job (hopefully, nothing concrete yet)

She had the interview and was refused. The report stated that she did not know enough details about the course and that therefore, she would not study. This is fair enough. However, that was the only reason for refusal. Nothing about inadequate reason to return, lack of money, etc.

I have heard from some people that the second interview when reapplying is much more thorough and difficult. I have heard from other people that many students get refused for the same reason (not just from Thailand) and it is a fairly routine thing. Just get better prepared next time.

If my gf submits the same application and evidence, should she get an interview again?

Is it true that they should not now have a problem with reason to return, etc., just that she does not know enough about the course?

Is it going to be more difficult next interview? What are the chances of getting the same interviewer? Any other advice pls....?

Thanks in advance.

[the scouser]

If your g/f reapplies, she should address the reasons for the previous refusal in a covering letter. Should she not do this, the visa officer will simply say that nothing has changed since the previous refusal and refuse again. In the letter your g/f may comment that the visa officer did not previously seek to challenge her intention to leave the UK at the end of her studies, and one muist assume that she meets this particular criterion of the Immigration Rules.

Scouse.

[vinny]

As Scouse advised, address the reasons for the previous refusal. Find out and give as much information about the course as possible. Include, for example, type of establishment and the structure of a course (hours, subject, etc). Also, give evidence of acceptance on a course and assert her intention to follow a course.

Edited September 16, 2007 by vinny

[yosemitesam]

Thanks for the advice. It has been taken and the app is going in again tomorrow.

Does anyone know is the 2nd interview more 'thorough' generally than the 1st if the 1st is refused? What happens if she fails at the 2nd interview? Are we done for after that? No more chances?

[the scouser]

You can apply as many times as you like, but unless you can convince the visa officer that either circumstances have changed since the original refusal(s) or that the facts were misinterpreted by the visa officer, they'll probably continue to knock 'em back.

In your girlfriend's situation, of course she will now know all of the details relating to her proposed studies and the danger is that the visa officer may now argue that she is aware of these only because that was why the visa was previously refused.

Scouse.

[yosemitesam]

I am aware that the rules for student visa have changed. According to the embassy website, there are now 2 types of student visas... one called a student visitor visa, for people who want to study for less than 6 months, who do not want to extend, and who do not want to work part time during their course. The other is for students (either less than or more than 6 months) who do want to work and want the option to extend.

My GF applied for a full student visa because she wanted the option to work. She just called me from the visa application centre, who would not accept her application (or said it would probably fail) because she is going only for 4 months. She could not apply for the Full Student Visa. Also they wanted to see copies of my passport and work permit as her sponsor, even though I have 6 months bank statements in the documentation.

Of course, I cannot get through to actually talk to anyone at the visa section of the embassy or the VAC to clarify the new rules.

Please help...

[the scouser]

With any type of student visa the applicant has to demonstrate that they are able to meet the cost of their studies without having to work. If someone makes it clear from the outset that they intend to work in the UK, the visa officer may infer that the ability to work is more important to them than studying and refuse the visa. Additionally, if the course is only short-term, there is an expectation that the applicant will not work in the UK; i.e. they are not going to issue one of the longer term visas when the course is of less than six months' duration. The embassy will also expect to see a copy of your passport, too.

Scouse.

[yosemitesam]

Hi again. Followed the advice so far. Added more info from the school as well as a cover letter from her.

Just got rejected again today. This time, despite submitting the same documents, the reason for rejection (after one day with no interview) was this time different...that the reason to return was not believable.

It was stated in the refusal report that I (not my girlfriend) did not give evidence of my reason to come back. In addition, it said that the onus was on her, not me, to show enough evidence to satisfy the ECO.

Basically, the goalposts have moved. We try to satisfy the reasons for refusal and they come up with some other reason that was not a problem before.

I want to discuss the report with someone at the Embassy.

Any ideas...?

PS She applied for a Student Visitor Visa.

Edited October 1, 2007 by yosemitesam

[the scouser]

If you telephone the embassy, it is unlikely that either the ECOs or the ECM will actually discuss the matter with you: they try not to have any interpersonal dealings with the hoi-polloi, as they see it, any longer. You could, however, put your concerns in an e-mail and send that to them.

Scouse.