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Visitor visa denied on unfair grounds?

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Thylacine
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Posts: 1
Joined: Mon Nov 19, 2012 12:42 pm

Visitor visa denied on unfair grounds?

Post by Thylacine » Mon Nov 19, 2012 12:51 pm

Hello,

I am wondering if someone can give me some advice? I recently applied for a 3 week visitor visa for my girlfriend to visit me in the UK over Christmas. My girlfriend is an Indonesian living in Taiwan. We met whilst I was over there doing a internship at Taipei Zoo.

Anyway, her visa has been denied because

A) They don't think I, as a student currently unemployed can afford to fund her visit. Even though I have £5000 saved in my bank accounts from previous jobs and she will be living in my house with my family.

B) And this is the one that makes me angry.... "the lack of any evidence of any relationship between you, i do not find in credible of you would go to considerable cost of this trip just for you to have a holiday. i am not satisfied that you are genuinely seeking entry to UK only as a general visitor for a limited period"



Which I find disgusting. Some jobsworth at UKBA is essentially judging our relationship and saying that it is basically not genuine. Some jobsworth doesn't think that I would fund a holiday in the UK for my girlfriend who, I am madly in love with. I find that disgusting that the strength of our relationship is getting judged by the border agency.

I have contacted UKBA and they claimed they can not help. For over 3 hours I have been chasing this application, trying to sort this out to no avail. Now please, has anybody got any advice on either

A) How to sort this out so she can come over... beyond the standard appeals process which apparently takes between 6-12 months

B) Any legal advice for compensation etc because I don't think UKBA are right to judge the type of relationship I have with my girlfriend and come to the conclusion that it is not genuine.


Thankyou

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon Nov 19, 2012 1:01 pm

If you have more credible evidence to counter the reasons cited in the refusal, you should re-apply. However, it's often not possible to overturn the mindset that is established in the original decision and an appeal is the only way forward. However, if you do appeal the decision, you may wait up to six months only to learn that the original refusal is upheld.

I think you should consider doing both, as the only hope of her getting to then UK for Christmas is a new application.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Mon Nov 19, 2012 1:41 pm

There is only a limited right of appeal against the refusal of a general visitor visa so an appeal is unlikely to succeed. See http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl4/

No you will not get compensation because your girlfriends visa has been refused. Reapply with the evidence they have stated was lacking. Note she also needs to provide evidence of her incentive to return home at the end of the visit as this is the other point they are making.

Bali Thomas
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Posts: 5
Joined: Mon Oct 15, 2012 1:22 pm

Post by Bali Thomas » Tue Nov 20, 2012 1:51 pm

What they are really looking for is some sort of proof that she really intends to return home after her visit/ holiday. A letter from an employer to say she will return to her job, a letter from person she rents her house, maybe a letter from head of her village.

They think she will overstay her visa. Does she have children to give her a reason to return from UK?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Tue Nov 20, 2012 2:17 pm

It's just that a lot of her fellow countrymen/women enter the UK and don't leave. It's a high risk location and she needs to show that what she has in Indonesia is worth more to her than a life as an illegal migrant in the UK. That she won't abandon her current life (because it is worthless) to live in a mature welfare state.

wpilr_nov12
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Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Re: Visitor visa denied on unfair grounds?

Post by wpilr_nov12 » Tue Nov 20, 2012 2:23 pm

Thylacine wrote:My girlfriend is an Indonesian living in Taiwan.
And that is a bright hi-viz sign for UKBA.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

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