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Has your girl friend completed her course of studies in the UK? I assume it is yes. If yes and she was continuing on another higher level course than previously, it should not have been a problem of applying In-Country after her holidays. All she needed was registration and acceptance letters for the new course from the Institution and relevant documents in case she is quizzed at the airport/immigration. But this is not so.My girlfriends student VISA expires on the 28th February, she is back home in Brazil for Christmas
Note that, she can choose to fly with anyone of her choice and it will make no difference. If you can apply for an UPV or fiancé visa (with the intention to marry in 6 months) then fine. May be you should look into those options as plan B.She does have an option of coming back with me on the same flight in January as I will be visiting her at Christmas however I am not sure if this will help her situation or make it worse as they are more likley to believe her intentions are to overstay from her VISA.
I think the ECO's might be thinking she's using student visas as settlement visa with the courses being so different.Phil_C wrote:She has completed her course of study in the UK and has been rejected on the basis that her next intended course (ABE Certificate in Human Resources) is not a progression from a compting diploma, she was also rejected as I was put down as the guardian and they do not believe she will stay in the UK for only a year.
We have all the ducumentation to show that she has been accepted on to a course and has paid etc however the course starts at the end of Jan so unfortunately I believe if she was to show these documents they would immediately jump to the conclusion that she may over stay due to VISA running out in 7 weeks. She has never been refused a VISA before this is the first time.
Fiance VISA at this point is not an option, it prevents you from studying or working for up to 6 months until you get married.
Our main goal is to make sure she can get in the counrty and through immigration, I have been told that her current VISA running up until end of Feb may have now been waivered due to her applying and being rejected for a new VISA. I beleive it will be up to the discrimination of the immigration officer and down to how well she can answer the questions she will get.
Trying to find out what questions will be asked and how best to answer them. In particular good reason for her to be let back in for 7 weeks.
Your help is appreciated.
This is exactly what caused her refusal. You as the fiance and boyfriend acting as the guardian (sponsor?) was a mistake. The ECO would perfectly assumed she wants to use the SV route to settlement and I will think the same if I was in His/her shoes.She has completed her course of study in the UK and has been rejected on the basis that her next intended course (ABE Certificate in Human Resources) is not a progression from a compting diploma, she was also rejected as I was put down as the guardian and they do not believe she will stay in the UK for only a year.
I must say that you are taking a big gamble in taking the above step but that is your choice and life is about taking chances (but bear the Immigration rules in mind).Phil_C wrote:Apologies for the delayed reply to your postings, I have just returned from Brazil and had limited internet access.
Jes2Jes and Kayalami, thank you for taking the time to review my girlfriend’s situation and provide your comments, your experience with these situations makes your posting valuable and I hope they help others in similar circumstances.
To give you an update: My girlfriend intends to enter the UK mid January and leave just before her VISA expires at the end of February (flights booked). It’s a big risk, as pointed out by Kayalami her VISA (technically) is no longer valid, it will depend on the Immigration Officer that she gets.
At this stage her case is that she went home for a holiday (not for good), consequently she will need to argue that she has never overstayed on her previous Visa’s and that she has a mountain of things to sort out before she goes back to Brazil indefinitely, i.e. all her belongings that have been accumulated whilst living in the UK for 3 years, as well as closing bank accounts, claiming tax back and picking up certificates from courses that she has completed.
It looks like it could go one of 3 ways:
1. Allowed to stay on her current VISA until the end of February.
2. Her VISA is invalid and she is given a 6 month tourist VISA.
3. She is deported – This would be a disaster.
If she is deported, we have no plan B, I am guessing that it will be very difficult for her to come back into the UK anytime soon.
It could be that I am being overly optimistic about her chances of getting back to the UK. If you are reading this and know anyone recently who has managed to get back to the UK with limited time on their VISA or Vice Versa has been deported, I would appreciate your comments and any insight into the process.
I am afraid this is not convincing enough and it would be difficult to sell this to any of the IO officers at LHTR/GWK/STD etc.At this stage her case is that she went home for a holiday (not for good), consequently she will need to argue that she has never overstayed on her previous Visa’s and that she has a mountain of things to sort out before she goes back to Brazil indefinitely, i.e. all her belongings that have been accumulated whilst living in the UK for 3 years, as well as closing bank accounts, claiming tax back and picking up certificates from courses that she has completed.
This is enough for IO to check out the refusal via the database as mentioned earlier by Kayalami using her DOB etcit has not been crossed out or tampered with and there is only a small marking stating Rio de Janerio Dec 2006 on another page