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have I messed things up forever?

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girlfromsa
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Posts: 2
Joined: Mon Dec 11, 2006 9:39 pm
Location: South Africa

have I messed things up forever?

Post by girlfromsa » Tue Dec 12, 2006 10:31 pm

hi there,

please help me, I only applied for a visitors visa becuz i got back from a working holiday 3months ago. wanted to visit friends for Christmas and i was told i could try even though it hadnt been 6months. i gave it my best but they refused. i wish i had waited now, but i didnt know how much a refusual would affect me!
South Africans dont even need visa, i just wanted to be safe. now what if i want to go for a holiday, will i ever be allowed to go or will i always be turned away! its not fair!

I read one reply that said to someone who had trouble at the airport because of a visa refusual that she should get a new passport with new passport number.
can i do this?
I dont have a problem waiting some months then trying to apply for a visa again but im scared they will refuse and will cause me even more problems!
please give me some advice guys, i'm really dissapointed...

a11
Member
Posts: 123
Joined: Tue Mar 28, 2006 9:13 pm
Location: London

Post by a11 » Mon Dec 18, 2006 7:32 pm

as i understand, a single visa refusal shouldn't be a problem in the future. just be very clear about the reasons for refusal when asked at the embassy and immigration control

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Mon Dec 18, 2006 10:25 pm

Newbie,

Put yourself in the Entry Clearance Officers shoes. You have spent 2 years working in the UK and now want to return to the UK after 3 months back home to visit for Christmas. The ECO is concerned you have no ties in RSA to motivate a return and rather more substantial ties to keep you in the UK. Do you have a job in RSA? Did you demonstrate that you could afford you trip particularly taking into account the high season travel costs? Where were you going to stay? What are the reasons for refusal?

The main issue is that you will now not be able to travel to the UK without obtaining a visa. If you turn up at any port of entry you will be refused entry and face a long trip back home. Wait till your socio-economic ties are better or if applicable based on the refusal reason rebutt such by way of requesting an administrative review (basically ask the Entry Clearance Manger to reconisder) or resubmitting a fresh application. Understandably ECM's are loath to do the former on the basis of undermining/ conflicting with a colleague as you would expect in any working relationship. Likewise unless your circumstances are different then the latter may be throwing money down the drain.

girlfromsa
Newly Registered
Posts: 2
Joined: Mon Dec 11, 2006 9:39 pm
Location: South Africa

Post by girlfromsa » Wed Dec 20, 2006 8:54 pm

Thanks for your advice.
i do see it from their point of view now that some time has passed. i was working with an agent and i do feel that she should have predicted their response more accurately. but there no point crying over spilt milk, now is there.
When i applied, i had a one day a week only job but am busy studying. this is a distance learning course so they didnt like that, they said i could study from the UK then. but its not because of that its because of transport problems and so that i can find a job at the same time, amongst other reasons. and i didnt submit evidence that i had been doing anything during my 3months (me nor agent didnt think about this)
I had the money and my family live in SA.
There was a discrepancy between my application letter and my application. one that i thought wouldnt matter, but obviously it did as it "undermined the credibly of my application as a whole"
So overall the ECO thought i would stay there, and work and my intentions were not those of a visitor and i would supply goods to the public??

I just wonder - does it mean that FOREVER i will have to get a visa to travel or can i wait say a year, then go on a holiday there?

Will this affect me from getting visa's to travel to other countries in the future?

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Dec 20, 2006 10:33 pm

You are somewhat of a rarity in my years on this forum - You acknowledge your application was ill prepared. It is often better for non visa nationals (those who do not need a visa to visit the UK) to not apply for a visitors visa than apply for one when the application is not water tight. Many people under estimate the need to particularly demonstrate they will return to home after visiting the UK. Factors in your favour in descending order are usually - long term employment of a nature likely to compel you to return home - read well remunerated, family (children/spouse), property/assets.

Under the immigration rules there is nothing to stop you travelling to the UK say next week without a visitor visa and chance that the IO will give you leave to enter by virtue of being a Non Visa National. Effectively the IO is doing the same thing as the ECO but in a shorter time frame and without as much documentation. That the ECO back in RSA deemed you were not a bonafide visitor holds against you though and you will most likely be refused entry. The refusals are logged on a centralised system as those who change their passports tend to find out when they arrive at say Heathrow and in response to an IO's question For this reason Non Visa nationals in your position are advised to re-apply for a visitor visa when their circumstances change. Get back in the job market is the best advice here then re-apply get a visitor visa - I'd give it about a year for this although if you get a solid job anytime after 6 months would be ok.

You will find that other countries of similar stature to the UK e.g. Most EU member states, OZ, Canada, USA will take the view that if the UK government had concerns about you being bonafide the same applies to them and they would be unlikely to issue you a visitor visa - they have the same returnability concerns like the UK has. Statistics show unemployed, single, young adults are the highest risk in overstaying. Given that RSA nationals can still travel to a wider range of countries visa free than many other nationals.

Good luck

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