Visit Visa Refused....what Next?

[babyben1978]

Sorry to bother you all but I'm quickly running out of ideas and would appreciate any advice that can help.

My girlfriend has just been refused a Visit VISA and was andering what else I can do to get her over here to visit. We met last August and lived together for four months, before I ran out of money and had to return home just beofre Christmas.

I didn't imagine getting aVisitors VISA would be a big problem as I fulfilled all the requirements from the British Embassy to obtain the VISA. Now of course I'm stuck in limbo, not really knwoing which way to turn or what to do next.

Any ideas?

Thanks, Ben.

[Rolo]

Ben,

Im probably not in the best position on here to say but im pretty sure that after a refusal the applicant is given a letter staing the reasons why. So the first thing you should do is try an get out of your griflriend why they turned her down, and then go from there.

Rolo

[the scouser]

Ben,

Unfortunately, your g/f's application doesn't attract a right of appeal. The first thing to do is get hold of a copy of the refusal notice and the interview notes. Compare the 2 and see whether the decision was justifiable or not as it has to reflect what was said in the interview. Contact the embassy and they should give you the copies. To enable you to make an informed assessment, bear in mind that the immigration rules state that the onus is on the applicant to satisfy the visa officer that he/she will leave the UK at the end of their stay and that they have sufficient money to take care of themselves whilst in the UK either from their own resources or a sponsor's. Generally speaking an applicant can attain the required level of "satisfaction" by demonstrating that they have a good reason to return to their home country upon completion of the visit. This normally amounts to showing that they have strong ties which mean that they have no reason to wish to stay for anything longer than a holiday.

If, having done the above, you are not content with the decision then you can write to either UK Visas who manage all visa sections in the British embassies/high commissions around the world, or your MP, or both. Ultimately, if still unhappy you can seek legal advice as, whilst there is no right of appeal in this case, all decisions taken by civil servants are open to challenge at judicial review. To be successful you would have to show that the visa officer has acted outside of his powers; i.e. has not adhered to the immigration rules.

Alternatively, do nothing and reapply when the relationship is more well established.

Best of luck,

Scouse.

[babyben1978]

Thanks for your quick replies guys, they are appreciated and kind of reassuring. However, as you can appreciate I'm a little impatient and want things to happen yesterday and add to that my confusion of the whole process.

I am waiting for the refusal letter to arrive, so I will have a better idea about things then I guess.

Perhaps you can advise me about somthing else tho, if you don't mind. I am aware of these VISA 'Shop' places that exist in Thailand. as I understand it they can sort out the VISA for you of course at a price, but if they don't succeeed then you get your money back? Is this right? How reliable are they? Do you know any good ones that I can get in touch with on the web?

Thanks again guys for your time.

Ben.

[the scouser]

Really a case of caveat emptor. There are many such places that are run by cowboys so if you must use one then insist upon seeing some testimonials. Ultimately an agent can't influence the visa officer's decision. What they can do, if they know their onions, is to present an applicant's circumstances in the best light and with reference to the relevant law. Some just fill in the form and file the application for you thereby not actually giving any "advice" but still charging a fee.

Cheers,

Scouse.

[GU22]

Ben,

The most common reason for refusing a visit visa is "Insufficient Reason to Return," particularly when the applicant is travelling to visit his/her girl/boyfriend. Without a solid reason to return the ECO will suspect that the applicant will try to stay in the UK with their partner. (Although the situation has improved since the "no switching" rule came into force.)

Moreover, if the applicant is a female and younger than her male sponser and they have only known each other a few weeks or months, then the ECO may feel that she is using her sponsor to come to the UK for, shall we say, "economic" reasons.

(I am not saying that this is the case here, neither am I saying that this assumption by the ECOs is right or fair. But I know of several cases where, reading between the lines on the refusal notice, this is exactly what the ECO thought!)

What would constitute a reason to return?

Children? No. The ECOs are well aware that many Thais leave their children to be looked after by relatives whilst they work away from home, often abroad.

Work? Yes, provided the employer has given written confirmation that the applicant is working for them, will be given the necessary time off and will still have a job when they come home.

Studying? Yes, provided the applicant can provide proof that they are enrolled on a proper course of study; university registration, letters from tutors etc.

Owning land and/or property? Yes, not necessarily on it's own, but can help to strengthen an otherwise weak case.

Obviously other factors come into play, but without knowing your girlfriends full circumstances and the reasons given for the refusal, it is impossible to comment on them, but, unless your g/f had provided evidence to show she had a compelling reason to return, trying to get the refusal overturned would be, IMHO, a complete waste of time and, possibly, money.

Ben, you ask; "I am aware of these VISA 'Shop' places that exist in Thailand. as I understand it they can sort out the VISA for you of course at a price, but if they don't succeed then you get your money back? Is this right?"

NO!! This is not right. No visa agent can guarantee to get you a visa, if any agent says they can, walk away. They are conning you.

Agents can help you prepare, can advise you on the procedure, can do any translations for you, some will even employ someone to stand in the queue for you, but that's it. Beware overcharging as well. If you are going to use an agent, shop around. Find out what they charge and what they will do for their money.

Finally, you said;"I didn't imagine getting aVisitors VISA would be a big problem as I fulfilled all the requirements from the British Embassy to obtain the VISA." It's not your application, you don't have to fulfil any requirements. It's her application. She has to prove to the ECO that she can fund the visit, albeit with your assistance, and that she will return.

My advice is wait to see what it says on the refusal letter, see exactly why she was refused and what you can do to change that, change it and then re-apply.

Best of luck.

[penelope]

...

I didn't imagine getting a Visitors VISA would be a big problem as I fulfilled all the requirements from the British Embassy to obtain the VISA

...

<{POST_SNAPBACK}>

You are not the one who needs the visa.

Your GF is the one who needs the visa.

Did your GF fulfill alll the requirements ??