Refused Visa To Uk For A Family Visit

[sattahipchris]

My wife who is a naturalilised British subject (since 2005) wanted our 18 year old niece to come to the UK during her gap year for an extended 6 month holiday. Our track record is good with all the visa's we have sponsored for her family none have overstayed or worked.

My niece was phoned today by either the VFS or embassy and told she was being refused a visa as I has stated in my supporting letter that I was happy to pay for her to have English lessons while she was there and I had already spoken to the teacher of an ESOL course. According to whoever spoke to her it was not within the remit of a holiday visa to allow her to attend classes to learn English while she was in the UK.

In the words of Victor Meldrew "I can't believe it!"

The prime reason for the application was one of a holiday. She didn't want a students visa. The lessons occur once a week and last for 3 hours my wife attends them to improve her English.

Do I have grounds to appeal the refusal.

Chris.

[RAZZELL]

I'd contact the ECO and say she isn't going to study and you didn't understand/know the Visa rules (although it's clearly stated on the website...NO WORK...NO STUDY)

Draw attention to your previous visa apps. Or apply for a study visa.

RAZZ

[sattahipchris]

I'd contact the ECO and say she isn't going to study and you didn't understand/know the Visa rules (although it's clearly stated on the website...NO WORK...NO STUDY)

Draw attention to your previous visa apps. Or apply for a study visa.

RAZZ

[sattahipchris]

Thanks Raz

Can you give me the link where it says no study I've searched and I can't find either on the embassy site or the VFS site. I'll fax the visa section tonight saying Iwas unaware of the the restriction on studying whilst on holiday and ask them to reconsider.

Chris

[Thongkorn]

you may have to appeal that takes weeks , If not reapply, but i think your only course is to appeal

[7by7]

Immigration Rules, Para 41

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:

(v) does not intend to undertake a course of study;

This is the first time I have heard of someone being refused over the phone. Are you sure that they weren't just asking her about the studying she intended to do? It may be that a couple of hours a week would not be viewed as a course of study.

If she has been refused she can appeal, but as her application stated that she did intend to study, I see little hope. Better to re-apply, I think, and stress that she now knows the rules and so will not attempt to study while in the UK.

But don't do anything until she receives the actual refusal notice.

[sattahipchris]

My niece had been contacted by mobile phone which automatically records the callers number. I phoned it back it was the British embassy. I have sent a couple of faxes to them that they will hopefully take into consideration. The course if you could call it that is a local government initiation and has no qualification at the end. I spoke late last night to the chap that runs it and he said he would have checked her visa status before allowing her to attend as its mostly intended for our new eea partners.

Thank you for your advice I clearly did the wrong although it was well intentioned and my niece may now miss out. I shall if it comes back with a refusal either appeal or get her to reapply.

The mention of of my offer to pay for her to improve her English only appeared in my original invitation letter and not in the application or supporting documents.

[sattahipchris]

Thanks to everyone for their advice. My niece was granted a UK visa you should have seen her face, it really was the land of smiles as she had resigned herself to not going to the UK. I can only assume that the faxes I sent to the embassy were taken into consideration. New letter of invitation,apology regards the rules and an undertaking that she will not study(which she won't)

I feel that it shows that the ECO's are fair and reasonable when it comes to the applications.

Chris

[ThaiPauly]

I LOVE a happy ending

[davyboy]

Thanks to everyone for their advice. My niece was granted a UK visa you should have seen her face, it really was the land of smiles as she had resigned herself to not going to the UK. I can only assume that the faxes I sent to the embassy were taken into consideration. New letter of invitation,apology regards the rules and an undertaking that she will not study(which she won't)

I feel that it shows that the ECO's are fair and reasonable when it comes to the applications.

Chris

That's great news, hope your niece enjoys her visit to Blighty!