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Student visa result. Does it affect other visa apps?

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sp3ctre
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Student visa result. Does it affect other visa apps?

Post by sp3ctre » Wed Jan 09, 2008 2:20 pm

If someone applies for a student visa and gets rejected would the rejection affect the chances of getting a fiance visa at all?

It is purely hypothetical at the moment, just interested to know.

Thanks,

Jim

ci07jjs
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Post by ci07jjs » Wed Jan 09, 2008 2:54 pm

To me it sounds like you desperately wanting to be with her and bring her to the UK on any routes - there is nothing wrong with that.

If it is this what you are after, I suggest you get a fiance visa (if you intend to marry) - If I was a immigration officer I would have serious doubts someone applying for a fiance visa right after their student visa got refused. Another suggestion is to come on a tourist visa for 3months - at the end of 3months ask her to go to france for a day or so and come in to the country to stay for another 3 months...The catch on this is she wouldn't be eligible to work in the UK.

Many thanks

sp3ctre
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Post by sp3ctre » Wed Jan 09, 2008 3:10 pm

ci07jjs wrote:To me it sounds like you desperately wanting to be with her and bring her to the UK on any routes - there is nothing wrong with that.
... yeah, you got that right! I just want to get all the facts straight in the first place before we do anything... the student idea sounded good to me, in that she wants to do it anyway, we could be together at the same time, and all being well apply through the proper channels when we decide to take the next step. It seems very strange to me that there seems to be rather large barriers in the way and I just want to avoid shooting us in the foot by applying the wrong way.

The tourist visa is not really an option as she wants to work if she is not doing studies.

I am not trying to deceive anyone, I just want to be with my girlfriend and it seems a whole world more difficult than I ever imagined. At this rate I will end up emmigrating.

Thanks for the advice.

Jim

Siggi
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Post by Siggi » Wed Jan 09, 2008 3:32 pm

Realistically, your girl friend is a little old to aply for a student visa, not that I'm saying she want get it, without a fight.

The only other two routes are a fiance visa, which will also require a lot of paper work and questions to be answered.

The quickest and most simple way is to marry in SA and apply from SA for a spouse visa.

As you are committed I don't see the any problem.

Good luck either way

sp3ctre
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Post by sp3ctre » Wed Jan 09, 2008 3:37 pm

Siggi wrote:Realistically, your girl friend is a little old to aply for a student visa, not that I'm saying she want get it, without a fight.
Really? I'd have thought with the funds to do the course, plus acceptance from a uni it'd be ok... didn't realise that would be grounds for objection.

RobinLondon
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Post by RobinLondon » Wed Jan 09, 2008 3:55 pm

sp3ctre wrote:I am not trying to deceive anyone, I just want to be with my girlfriend and it seems a whole world more difficult than I ever imagined. At this rate I will end up emmigrating.
Yeah, well South Africa has its own hoops for immigrants, and this time it will be you doing the jumping. As Wanderer will surely attest, trans-national relationships are not easy and they're not cheap.

sp3ctre
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Post by sp3ctre » Wed Jan 09, 2008 3:57 pm

RobinLondon wrote:
Yeah, well South Africa has its own hoops for immigrants, and this time it will be you doing the jumping. As Wanderer will surely attest, trans-national relationships are not easy and they're not cheap.
mmm, interesting... is there anything I need to know in terms of their hoops, or do I need a new thread for that?

Thanks for the reply.

RobinLondon
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Post by RobinLondon » Wed Jan 09, 2008 3:59 pm

sp3ctre wrote:
RobinLondon wrote:
Yeah, well South Africa has its own hoops for immigrants, and this time it will be you doing the jumping. As Wanderer will surely attest, trans-national relationships are not easy and they're not cheap.
mmm, interesting... is there anything I need to know in terms of their hoops, or do I need a new thread for that?

Thanks for the reply.
I'm sure Dawie and Siggi will be along shortly...

If you want to start a thread on SA immigration, I'd do it in the "Other Countries" forum.

sp3ctre
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Post by sp3ctre » Wed Jan 09, 2008 4:05 pm

RobinLondon wrote: If you want to start a thread on SA immigration, I'd do it in the "Other Countries" forum.
Good point, of course....

Back on topic here, would be interested in other peoples views on whether being >30 is grounds for refusing s student visa. Anyone done it?

Cheers,

Siggi
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Post by Siggi » Wed Jan 09, 2008 4:06 pm

Sp3ctre,
Dont take offence, all I'm doing is just pointing out the quickest route around your problem!
Robinlondon is right, there are unwritten rules for every country and South Africa is no different.

sp3ctre
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Post by sp3ctre » Wed Jan 09, 2008 4:10 pm

Siggi wrote:Sp3ctre,
Dont take offence, all I'm doing is just pointing out the quickest route around your problem!
Robinlondon is right, there are unwritten rules for every country and South Africa is no different.
I am not taking offence (sorry if it looked that way). I really do appreciate all the replies I get and I take on board everything you say.

Thanks guys!

Dawie
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Post by Dawie » Wed Jan 09, 2008 4:54 pm

I can assure you it will be infinitely more difficult for a Brit to emigrate to South Africa, than the other way around.

If you think the British Embassy can be pedantic, you've never had to deal with the South African embassy in London!!!

It will be far easier for your girlfriend to come to the UK than for you to go to South Africa.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

ci07jjs
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Post by ci07jjs » Wed Jan 09, 2008 6:11 pm

I am not sure where people got the idea of age limit for student visa - I have met several ppl as old as > 45 on these visas. As long u show passion for the course you want to pursue and how it would enhance your career prospects I don't see any grounds for refusal. Neverthless she should have funds to do all this and convince the immigration official that she will return to southafrica once she completes the course.

Did you say that your g/f is in a well paid job? has she tried to apply for a hsmp (highly skilled migrant programme) - basically you get points for certain criteria such as qualification, earning power, age etc., Have a look at www.workpermit.com for more details on this. Do it asap as the rule is about to change soon.

Many thanks

sp3ctre
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Post by sp3ctre » Wed Jan 09, 2008 6:42 pm

ci07jjs wrote:I am not sure where people got the idea of age limit for student visa - I have met several ppl as old as > 45 on these visas. As long u show passion for the course you want to pursue and how it would enhance your career prospects I don't see any grounds for refusal. Neverthless she should have funds to do all this and convince the immigration official that she will return to southafrica once she completes the course.

Did you say that your g/f is in a well paid job? has she tried to apply for a hsmp (highly skilled migrant programme) - basically you get points for certain criteria such as qualification, earning power, age etc., Have a look at www.workpermit.com for more details on this. Do it asap as the rule is about to change soon.

Many thanks
Hi,

Thanks for the reply there... Unfortunately the fact that she does not have a degree level qualification means she does not have enough points to qualify... and IT is not an "in demand" area.

ci07jjs
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Post by ci07jjs » Wed Jan 09, 2008 7:04 pm

Sorry mate, I am not sure what more to say, I think all the options expect fiance/student visa seems grim in your case.

sp3ctre
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Post by sp3ctre » Wed Jan 09, 2008 7:11 pm

ci07jjs wrote:Sorry mate, I am not sure what more to say, I think all the options expect fiance/student visa seems grim in your case.
Yup, I'd agree with that.... just need to work out which of the two to take now.

Student visa sounds good, in that she would like to study anyway, but the down side is we'd have to convince them that she would go back. It would also allow things to happen at their own pace. I am just worried as to the situation if it was turned down and we then applied at some point for a fiance visa... oh don't ya just luuurve red tape?!

Cheers for the feedback guys

VictoriaS
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Post by VictoriaS » Thu Jan 10, 2008 8:33 pm

If she is coming to do a degree level course, or a foundation for a degree, there is no need for intention to return.

Victoria
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sp3ctre
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Post by sp3ctre » Thu Jan 10, 2008 8:52 pm

VictoriaS wrote:If she is coming to do a degree level course, or a foundation for a degree, there is no need for intention to return.

Victoria
That sounds good to me... the only question I have is I found the following at this link (seems to suggest otherwise... or am I confused?):

Can I go to the UK to arrange my studies?
You can travel to the UK as a prospective student for up to six months to arrange your studies. You will need to show that:

* you intend to enrol on a course of study within six months of arriving in the UK
* you can pay for your course, support yourself and your dependants, and live without working or needing any help from public funds, and
* you intend to leave the UK when you finish your studies or when your permission to stay ends if you do not qualify to stay in the UK as a student.

VictoriaS
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Post by VictoriaS » Thu Jan 10, 2008 8:53 pm

You need to read the IDI's to see all the details. If they put all the real rules where everyone could read them there would be no refusals.

Victoria
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vinny
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Student visa result. Does it affect other visa apps?

Post by vinny » Thu Jan 10, 2008 11:06 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sp3ctre
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Re: Student visa result. Does it affect other visa apps?

Post by sp3ctre » Sun Jan 13, 2008 8:47 pm

vinny wrote:See also Chapter 12 Entry for studies
Ok, I have studied this document in depth and this is how I understand it :

If you come over to the UK to study, you need to show that you are going back afterwards. However, if you are studying at degree level then you don't have to do this, instead you are eligible to convert the student visa into a working visa.

It states that he emphasis will now be on the students desire to follow the course. This is the bit that confuses me.... under THAT section it states that you have to show the reason you came over for the course i.e. the added value it will give in your own country etc... so by the fact that it mentions "your own country" does that not mean you are intending to go back?

With the above in mind, I presume you could not say at interview "I want to come and study at a UK university with a view to getting a job in the UK and living here"?

Please excuse me if I am misunderstanding, I am just looking for a bit of clarification here.

Thanks,

Jim

VictoriaS
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Post by VictoriaS » Mon Jan 14, 2008 10:52 pm

You can say that and should not be refused...as long as you add "assuming that I fit the criteria for another student visa or an Immigration Employment Document"


Victoria
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