Working HolidayMaker Visa Refusal

[jackbauer]

I am a 24 year old Canadian citizen. I recently graduated with a Masters in Business Administration and wish to take a couple of years off and visit Europe, particularly the UK as my boyfriend lives there.

I recently applied for a 2-year Working HolidayMaker visa as i do not intend to work in the UK, but would like the option should i need to.

My application was refused on the grounds that my boyfriend, who owns a UK-registered Limited company, wrote a letter for the application which suggested that should i need to work he will employ me. We get on great obviously, and I am an MBA and could offer much to his business.

The letter was written in the hope that the authorities would be satisfied that i had work if i needed, and that i wouldnt be drawing benefit or anything from the state.

The authorities, however, thought i should be applying for a Work Permit instead, and because i mentioned my boyfriend, i guess became concerned i might out-stay my welcome.

Neither is true.

I do not intend to work, unless it is 'incidental' to my holiday, and we both plan to reside in Canada within the next year or two anyway.

Also, much to my frustration and disappointment, when i attempt to enter the UK (as i did recently) i am detained by UK immigration and given the third-degree because of the records now showing my refusal of visa information.

They even went further to suggest i would get difficulties everytime coming in, so i am now concerned about coming back at all without the visa, even though i am a Canadian citizen and part of the Commonwealth!

I have considered appealing, but i am led to believe this process could take many months, and quite frankly dont have the time! I am taking a year or two off, but that starts now!...

So, i feel i should make a fresh application, and perhaps make clear that i do not intend to work, i do not have a 'job lined-up', and that i very much desire to return to my home country that i love so much.

If anyone can offer advice as to how best i should complete the (re)application this time i would be most grateful, as i am at a lose end.

thank you very much.

Jackie

[Dawie]

First of all, as I'm sure you've now realised, your boyfriend's letter actually had the opposite effect to what you intended. Your boyfriend wrote a letter which in effect directly confirmed what entry clearence officers are looking for when assessing a working holider visa application, i.e. what is your intention when coming to the UK. In this case unfortunately it appears as if your boyfriend's letter confirmed that you were not intending to stick to the spirit and intention of a working holiday visa which is primarily to have a holiday and then to do a little bit of work on the side. Your MBA has made it even worse because working holiday makers are expressly forbidden from doing any professional work and especially work that is related to their field of study. So basically your boyfriend's letter told them that you intended to break the conditions of your working holiday visa should you get it. Ouch.

The irony is that you probably would have got the visa without any help from your boyfriend at all.

As to your problem with entering the UK as a tourist, I would recommend that you get a new Canadian passport with a different passport number. This should stop them flagging you up everytime you enter the UK as a tourist.

[jes2jes]

Dawie:

As to your problem with entering the UK as a tourist, I would recommend that you get a new Canadian passport with a different passport number. This should stop them flagging you up everytime you enter the UK as a tourist.

I thought info held by IND on applicants entering the UK is based on personal data and not passport numbers? I guess if they enter Her details (DOB etc) this can bring the same info out. Please clarify.

My point is based on the fact that, on entering US a couple of times on a new passport (the old got lost from HO posting), they have always told me we know you lost the previous passport. Is this info included on the biometrics on the visa issued and not personal details? - my guess is so since I currently don't hold British Passport but I was just wondering because of your statement.

[jackbauer]

Thanks for the advice.

Would you think it likely then that even if i re-apply, without any form of letter from boyfriend, i would stand a good change now? or are the authorities likely to take into consideration my previous application, or rather, the reasons for the initial rejection.

I should add, that i am now able to provide a letter of guaranteed employment back here in Canada for when i return. Perhaps that might help, as i understand one of the concerns maybe my supposed reluctance to return?

With that in mind, is there anything else that would be helpful for my re-application in this case?

thanks again

Jackie

[rooi_ding]

This is only my own opinion, a fresh application is possible the best option, however it will require some very clever wording in your explanation of your previous refusal, you might consider explaining along the lines that there was a misunderstanding in your previous application and it is not your partners intention to employ you full time and that he will only assist you should you require employment incidental to your travel. You could also mention that it is not your intention to stay in the UK after the completion of your travels and a detailed itinerary of your future travel to other destinations with your partner would go a long way. Your task is far greater to convince the case officer that in fact your holiday is just that a "working holiday" however the mountain is not insurmountable (my own four page covering letter for my wife's visa after the first visa was refused did the trick for her and I). A letter to guarantee employment will also help and strengthen your case. While writing your covering letter also think like the case worker (all they want to see are words like incidental to travel, I will be leaving well before my two your visa expires, I wish to use this time to have a break before starting my career path IN CANADA).

Always remember that the case officers are not always the brightest and what seems rational and logical to us they will construe as having alterer motives, the UK is currently in the grip of a bit of an anti immigrant campaign (its a phase that will pass when they find something else to panic about) so be polite but convincing

All the best

rooi_ding