Declined a uk visa.....what next?

[M12MKD]

Hello all,

Can anyone give me some advice as to what we can do next.

My gf (I met in the uk) went back to Thailand after being in the UK to learn English. She has reapplied for a student visa to continue her study here but she has been declined this application. She's been told that it was declined for two reasons. 1) because it's only after a few months after her first visa has ended and it's for the same reason as the first visa. 2) with the current political issues in Thailand they believe she is using this type visa to escape the trouble (sounds a load of rubbish to me).

So what can we/she do next? Is it worth applying for a 6 month visa, but if the second reason is true surely she'll be declined again? Would it help if I'm her sponsor?

I'm going to Thailand for my first time at the end of January would it be better to reapply after the trip?

I've read through a lot of helpful information here but if there is anyone that's been in a similar situation or anyone that can suggest what to do next it'd be greatly appreciated.

Thanks

Mike

[ThaiVisaExpress]

You should, if possible, post the refusal notice ( deleting personal information such as names first). I say this because I don't understand the reasons given for refusal :

1. There is nothing wrong with doing another course of English, especially if it is a higher level than the first. The fact that she has done one course is not, in itself, sufficient reason to refuse.

2. I'm not sure that the UKV&I can use political unrest, and escaping from it, as a reason to refuse a visa. Logically, that would mean that they have to refuse many, if not all, visit or student visa applicants. I'd be interested to see what wording they have used. That said, if someone qualifies for a visa ( student or visit), then why shouldn't they "escape" if they want to.

Tony M

[Chicog]

Whatever you do, follow the appeal process as specified in the documents you received back.

If you try applying for a different type of visa they will probably twig it, and then you're on the shit list.

[7by7]

M12MKD, was she previously in the UK as a student visitor or under Tier 4 of the PBS? Which category did she apply under this time?

If both are as a student visitor, then I think that the first reason you give for the refusal may be correct, as the " no more than 6 months out of 12" convention for visitors would apply.

Though I don't understand reason 2.

But as Tony says, we need to see the refusal notice before we can comment or advise further.

[M12MKD]

Cheers guy's. I will try and get the copy of the refusal notice.

Yes she was in the uk for 11 months on a student visa. But not tier 4 but is it general student visa? I can't remember the wording from the uk border website.

I would also agree the second reason seems very weird. Obviously we don't want to just reapply for a visiting visa and end up making it all a lot harder in the future.

Long term like many it's to settle down together but I'd rather do it correctly and dot the t's and cross the I's in the first place.

Will update as soon as I've got the information.

Thanks again. .....you are always so helpful it's really appreciate.

Mike

[7by7]

Student visitor visas are usually valid for 6 months, unless coming to the UK to study English in which case it would be valid for 11 months.

So it sounds as if she had a student visitor visa.

[M12MKD]

Ok sorry for not replying sooner. The short story is that the "agency" are being difficult about the refusal letter.

So my other half spoke to one of the junior admin girl's with a bit of a sob story and found out the real reason.

The "agency" applied for an identical type visa as previously. Which is why the uk government have refused this. She said they was supposed to apply for a different type of visa to allow to study English further but the "boss" didn't do this.

So what can we do now. I'm concerned that if we apply for another visa it will cause us issues.

I'm going over at the end of January to meet her family and friends etc for a few weeks.

Would it be best to apply whilst I'm over there?

[7by7]

What agency? A visa agent?

What can be done? By the sounds of it, not a lot. Telling UKV&I that an agent applied for the wrong visa for her wont wash. She applies for the visa, even if she does so through a visa agent. She must have signed the application form. She must have attended the UK visa application centre to have her biometrics taken. How can she not know what visa she applied for?

Is the agent demanding more money before they hand over the refusal notice? Are they keeping hold of her passport as well?

[M12MKD]

7by7 - I don't know but thank you for giving me questions to ask, if I'm to be honest. ......it's raised a few questions of my own!

I think an evening of reading and a chat with the other half to find out more information.

Agency has refunded all money apart from the application fee.

I'm a naturally unbelieving person so something seems a little fishy to me.............

Thanks again 7by7 you always are very helpful.

[ThaiVisaExpress]

Getting a duplicate refusal notice is not a major problem. We are, of course, interested in who the agent is. Is the agent in Thailand ?

Despite the problems she has had, we may be able to help you, depending on the circumstances. If you would like a free consultation, then contact the office through our website ( click on the avatar on the left).

[rainham]

Hi good fellas. I am a long time reader and first time contributor to this very fine and extremely informative forum so feel free to deconstruct my request for advice .

here goes I am a 50 year old English/Irish national married to a 45 year old Thai national for 5 years we have a home in the UK and in Thailand my lovely wife has visited me in the UK on a holiday visa but has been refused a settlement visa which has now gone to a first tier tribunal and will be heard 18 months after the initial refusal further more the entry clearance officer has failed to provide supporting evidence to the first tier tribunal within the allocated time . the visa was refused on my apparent inability to provide for my wife

many thanks

[M12MKD]

Getting a duplicate refusal notice is not a major problem. We are, of course, interested in who the agent is. Is the agent in Thailand ?

Despite the problems she has had, we may be able to help you, depending on the circumstances. If you would like a free consultation, then contact the office through our website ( click on the avatar on the left).

Thanks for the information. Partly this is my mistake, I misunderstood what was said to me over skype. The Agency advised her to apply for this type of visa, knowing that this would not be accepted.

Yes I know the agency name but not sure its a good idea to post on a public thread. But it's based in Bangkok.

For me it's the Christmas period so I'm fairly busy. I'm hoping as I've got a few days off over the Christmas period I'll be able to talk in depth about the visa.

I will certainly take up the offer once I've got all the details.

Thanks again for everyone on this very helpful community.

[howerde]

Hi good fellas. I am a long time reader and first time contributor to this very fine and extremely informative forum so feel free to deconstruct my request for advice .

here goes I am a 50 year old English/Irish national married to a 45 year old Thai national for 5 years we have a home in the UK and in Thailand my lovely wife has visited me in the UK on a holiday visa but has been refused a settlement visa which has now gone to a first tier tribunal and will be heard 18 months after the initial refusal further more the entry clearance officer has failed to provide supporting evidence to the first tier tribunal within the allocated time . the visa was refused on my apparent inability to provide for my wife

many thanks

Might get better notice if you started your own thread. and it might help to post the refusal notice leaving out your personal details.

[7by7]

^^^^^

Indeed.

A question would help, too; unless you are just posting for information.

[7by7]

The Agency advised her to apply for this type of visa, knowing that this would not be accepted.

I'm sorry, but are you saying that the agency got her to apply for a student visitor visa to study English knowing that her circumstances meant that she would be refused?

Disgraceful!

Even if they do refund their fee, she has still lost the application fee.

Yes I know the agency name but not sure its a good idea to post on a public thread.

Unfortunately the draconian Thai defamation laws prevent such naming and shaming on this forum.

[M12MKD]

Basically yes that is correct 7by7. My misunderstanding was with the way in which she explained it.

she was told that it was fine to do the same as before but clearly as it states on the uk website this is not ok.

due to both our work commitments it makes it hard to discuss this in length. But with my Christmas break until the new year I will gather more information.