Visa refusal conundrum

[Ben_9943]

Hi all,

I was wondering if I could get advice on here because I seem to be at a loss of the best way to turn. I met my Mongolian girlfriend whilst working in Singapore back in July 2007 and I decided to leave Singapore in November. We were living together for a while in Singapore but I don't have any evidence apart from that I could get letters from friends etc declaring that this is indeed the case. So I returned back to the UK and she back to Mongolia with the idea that we'd find out the best way to bring her over here even if just for holidays at first. But in the end we opted to go for a student visa for a general English course at Oxford College of London. She found an agent in Mongolia to help with the process and who advised her of the application process. However a couple of months later (yes it takes that long because the application has to be sent to Beijing!) she got the refusal notice.

It said:

You have enrolled on course of General English at Oxford College of London for the period of 1 year. I note that the course commenced on 22 January 2008 and that students are permitted to start the course up to 4 weeks late. I'm not, therefore, satisfied that you are still acceptable on this course. You stated that you are employed as the Manager of a construction company in Mongolia and that you need to improve your English skills for the benefit of this company. You claim that you will simply recommence this employment after completing your proposed course. you have failed to demonstrate what the associated benefits of this course are and how then it will assist you in the future. I note that despite your claims of wishing to learn English in order to benefit your current employer, that your employers is not financially assisiting you with the costs of this course and expenses. Futhermore, you have not explaind adequately why you have chosen to undertake this signicifant expense by studying English in UK, rather than elsewhere, for example in Mongolia where the costs are comparatively lower. Based on the evidience before me, I'm not satisfied that you qualify for entry into the UK as a student.

Also she was not given the right of appeal. Actually we changed the course date because it was taking such a long time but the agent failed to notify the embassy and I think it would have already been done by then. So my question to the knowledgeable people, in these forums, is what course of action would be the best to take? I'm not entirely sure whether we'd now be able to apply or even be successful for any other type of visa. Would it be better to find a foundation course for a degree rather than just a language course? I'm planning on going to Beijing this week to meet with her and perhaps apply again but I don't know if I'm going to have time unless I get some good advice on this matter.

Sorry for being so verbose but I kept it as short as I could!

Your help would be much appreciated. Thanks.

[frances2]

Why conundrum? The reason for refusal makes sense to me....

I'd be wary of just applying for a different course, because it begins to look like you are just looking for a way into the UK.

Did you mention that you are her boyfriend. If you did fine, if you didn't becareful of admitting that this is the case, because it could cast a bit of a shaddow over you're/her credibility, because you didn't come clean in the first place.

I know atleast one member - wanderer - who helped his girlfriend with a student visa, may be he could help.

[Ben_9943]

A conundrum because of what to do next not because of the reason. We decided not to mention anything to do with me because I had heard that this would give them more reason to be doubtful that she would return. We wanted to do it the right way so that she'd be seen as a genuine student. So you think that it would be better to stick with the same course? But what other documentation could we possibly include then that could help? I thought at the time we'd done a good job.

[frances2]

A conundrum because of what to do next not because of the reason. We decided not to mention anything to do with me because I had heard that this would give them more reason to be doubtful that she would return. We wanted to do it the right way so that she'd be seen as a genuine student. So you think that it would be better to stick with the same course? But what other documentation could we possibly include then that could help? I thought at the time we'd done a good job.

I think if you reapplied, for a student visa for this course, you'd have to address the issues raised in the refusal.

The problem is that you haven't been straight from the outset. If you and your girlfriend have a future together you needed to admit this from the outset, or make a water tight case for her student visa.

I know I'm not giving you any solutions, just pointing out problems hopefully you're already aware of. May be someone will come with some bright ideas.

[purplepple]

Your intention is to be together in the UK. In fact, you already lived together in Singapore. So why not file for an unmarried partner visa? This is doing it the right way instead of trying to convince HO that she just wants to study English even though it's not true.

[RobinLondon]

In fact, you already lived together in Singapore. So why not file for an unmarried partner visa? This is doing it the right way instead of trying to convince HO that she just wants to study English even though it's not true.

Because they have not lived together for two years of longer, which is required under the current rules.

I met my Mongolian girlfriend whilst working in Singapore back in July 2007 and I decided to leave Singapore in November.

[Nowty]

My Brazilian girlfriend was initially refused a SV for similar reasons and many others. We reapplied with more evidence addressing every single point of refusal and she got it the second time around.

I would say not comming clean about your relationship did not help as it was probably the only believable reason she needs the English course and it would adaquetely explain how the course was being funded.

Vaugue references to helping her employer without hard evidence is not going to be believable. We got a letter from her employer explaining about the benefits of English knowledge in his company. This was a half truth as it was a genuine letter from her boss but he knew she was unlikely to come back.

I guess you have got 3 choices from this point,

1) Reapply for the SV with more evidence. Be completely straight about your relationship and explain your plans for the future. But i dont think you have a great chance of success.

2) Travel there and marry and then she applies for a spouse visa.

3) She applies for a fiance visa.

Of course 2 or 3 means you marrying or committing to marriage.

[Ben_9943]

And for a fiance visa is that an easier way of bringing her in? I mean she's already been refused once. We're close in age with me being 27 and her 23. Also she has a 5 year old daughter so what implications does that have on getting the visa? Been together for 7 months so a bit soon to get married. I'm off to Beijing to see her on Sunday so I guess keeping things like plane tickets and photos would help.

[Nowty]

It comes down to whether the ECO believes your relationship is a genuine one or not, that you have enough money and suitable accomodation, and that you are really planning to get married. If the visa is issued, the daughter can come too if she is included on the application.