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Posted

Folks,

My unmarried partner was refused her first application for a 6 month UK visitor visa. The reason being that she stated her trip was actually 2 weeks longer than 6 months. (My fault)

I'm wandering if she can simply just reapply with an ammended intinery or is an appeal feasible?

SJ

Posted

The theory is that it should be fairly easy if that was the only reason for refusal. The UKBA guidance says :

"If you have been refused a visa, you can re-apply at any time. But if your circumstances have not significantly changed since your last refusal, or if you cannot address the reasons for your refusal, we may refuse your application again."

However, some visa posts have been criticised ( in the Independent Chief Inspector's Report on Global Decision Making ) for refusing applications on new grounds even when the reasons for the first refusal have been addressed. The reasoning behind the criticism is that, having told you the reason for refusal, and you having addressed that reason, there is a legitimate expectation that a visa will be issued. Visa posts are not playing fair by finding new reasons. What they should do, and have internal guidance which tells them to do it, is write all the reasons for refusal in the first refusal notice. If it turns out that you submit a new application, and the only thing that changes is the period of the visit, but the application is refused on new grounds, then let me know. I will take it up with the Embassy on your behalf.

I can't help but feel, however, that this an application where the ECO could actually have given the applicant a quick phone call to ask if the intention really was a 6 month and 2 week visit. What a waste of everyone's time, but I guess it means that UKBA can get a second visa fee from the applicant !

Posted

You say in your post "unmarried partner" but didn't say how long you have been in a relationship.If you have (I think this is the correct wording) "Lived together in a relationship akin to marriage for a period of two years in the three years immediately preceding the date of application" You can apply for a different class of visitor visa-a family visit visa.The criteria for issuing a visa are the same.ie. proof of relationship, availability of funds and reason to return-but,if refused there is a right of appeal.If you do fit into this category maybe you should consider applying for this.

Posted

You say in your post "unmarried partner" but didn't say how long you have been in a relationship.If you have (I think this is the correct wording) "Lived together in a relationship akin to marriage for a period of two years in the three years immediately preceding the date of application" You can apply for a different class of visitor visa-a family visit visa.The criteria for issuing a visa are the same.ie. proof of relationship, availability of funds and reason to return-but,if refused there is a right of appeal.If you do fit into this category maybe you should consider applying for this.

We've known each other about 4 years but have been in a relationship for 2 years & we now have a new borne child who has a UK passport & is also travelling.

The letter that was sent had a link to explain the reason but the link in broken.

It said that they were satisfied that you do not meet the requirements of paragraph 41(i)

Posted

In the new application just note that you made a mistake with the dates on the original application and that there have been no other changes since the original application. Keep the rest word for word if possible.

What a lot of nonsense. A two minute phone call would have cleared this up. It does show the mentality of some ECO's!

Posted

It is nit-picking from them but I get a feeling that the Home Office has now told them that eyes have to be dotted & the teas firmly crossed as folks back home are fairly tired of the anttics of some of the recent UK-settled people from other parts of the world.

Thanks for the advice gentlemen

Posted (edited)

In the new application just note that you made a mistake with the dates on the original application and that there have been no other changes since the original application. Keep the rest word for word if possible.

What a lot of nonsense. A two minute phone call would have cleared this up. It does show the mentality of some ECO's!

# Its a pity it does not work both ways , i have just had my Documents returned for my wifes IDL to remain, many Bits of paperwork are Missing and all the photos , who do i ring,?

Edited by Thongkorn

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