Uk Visitor Visa Turned Down

[iainiain101]

My Thai girlfriend has had her UK visitor visa turned down for not being able to convince the embassy that she will return to Thailand after her holiday.

The History.

We met about 4 years ago, but only started a romantic relationship in Nov 2004 at which time she worked in a guest house. I have since been to Thailand 5 times to see her, including a month in December 2005. She had to give up her job due to my visits and not being able to take holiday. I have been sending her money for rent etc.

My employer is unhappy with the amount of holiday I have taken in the last year, and in fact I have about 15 days left till the end of 2006!

We decided it would be best if she came over to the UK for a holiday so that we could continue to get to know each other better. She has never expressed any wish to come to the UK, but in the interests of getting to know each other better she is happy to come. I prepared all the necessary documentation from my side, but of course hers was weak. She has no assets, just a rented flat and familly in Thailand. We also got a reference letter from a travel agent she had worked for.

When we went to the embassy in December she was told to come back in 10 days (by which time I had to return to the UK). She took all the extra info she could but was told something along the lines of your 'boyfriend comes to Thailand many times, so why do you need to go to England?' She explained about me not having the holiday to visit her this year, so she wanted to visit me in London. She was not given the visa.

I am now sitting here in London wandering what to do next! I think I love her, but a couple of weeks together here and there plus a month in December is no basis to get married, which she strongly agrees with. We need to get to know each other better.

I really dont know what to do. I dont think I can afford to leave my job, though there would be some satisfaction in denying the government / embassy the GBP 40,000 they take off me in taxes per annum.

She is distraught, and I have said I will try and get over for easter. I have suggested she get a job with a pay slip until then and we will try the embassy again. Are we allowed to reapply in 3 months? What are our chances?

Thanks

Iain

[the scouser]

Hi Iain,

Your girlfriend can reapply at any time. However, whilst the circumstances which led the visa officer to refuse the original application still pertain, any subsequent application is likely to be refused too. Your girlfriend will have to develop an incentive to return to Thailand if she is to be successful with a future application, and her getting a "proper" job is probably the best way to attempt to address the issue. The difficulty is that once she has such employment, she may not be given sufficient leave for her to visit the UK for a prolonged period.

Any immigration decision is based on the balance of probabilities and if you feel that the visa officer has incorrectly applied this burden, then the matter may still be challenged in the UK courts through a judicial review. This is a costly exercise, though, and not guaranteed to succeed.

Scouse.

[iainiain101]

Thanks Scouse

I was advised to use a visa service with 'guaranteed' results, but I decided to trust the system. My mistake!

It was one heck of an experience standing there in the street outside the embassy for a few hours in the heat. But one I will have to repeat!

It looks like we will have to go the route of her getting a proper job. If we fail in April I will probably jack in my job and go out to Thailand.

Wouldnt it be easier if we just deported people overstaying their visas in the UK?

[GU22]

We do, if they're caught.

However, since the UK abolished passport checks on people leaving the UK, this is unlikely unless they do something to bring attention to themselves, like working!

I quite agree that bringing back proper passport controls on exiting the UK would make reasons to return less of an issue.

[caledonia]

Wouldnt it be easier if we just deported people overstaying their visas in the UK?

Well that would work if the UK operated a quota system but they don't - so it is not a case of one out and then one in!

I hope your girlfriend manages to get a job - I personally think it is crazy that sometimes people are essentially pushed into a fiance visa or at worse a settlement visa because there are no concessions made for visiting boyfriends/girlfriends in the UK. I know it is more complex than that but still - a bit daft!!! Thats my black and white interpretation anyway!!

[sierra01]

As an aside, you must have quite a good job if you pay £40,000 in taxes every year, got any vacancies?

[iainiain101]

We do, if they're caught.

However, since the UK abolished passport checks on people leaving the UK, this is unlikely unless they do something to bring attention to themselves, like working!

I quite agree that bringing back proper passport controls on exiting the UK would make reasons to return less of an issue.

Checking passports and visas at hotels would be a good start. They do it in most European countries and in Thailand!