ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

urgent help for general visitor visa refusal

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
katieboo76
Newly Registered
Posts: 2
Joined: Mon Dec 22, 2014 8:26 pm

urgent help for general visitor visa refusal

Post by katieboo76 » Wed Dec 24, 2014 1:48 pm

Hi, I really hope someone can help with this. My boyfriend and I need to appeal a refusal for general visitor visa. I've read a lot of posts on here and know the usual advice is to address the reason for refusal and apply again. We can't do that as you will see when I explain

I'm British and wanted to invite my lebanese boyfriend over for christmas and new year. He should have been here with me now. Anyway. We applied once previously and were refused, rightly, as we didn't provide the correct documentation. So this time we take extra care.

I provide a detailed invitation letter for him. I also provide my mortgage statement and council tax bill as proof of my address and that he has somewhere to stay. I provide the biometric page from my passport and my travel history shows I have been to Lebanon several times over the past 15 months.
He is a full time 3rd year university student. He provides a letter from his uni confirming his studies and leave and also another letter confirming that he has final exams to return to in January. His parents are financing his trip. He provides one of their bank statements. There is roughly $60k in this account. He also provides proof of his parents employment. His mum gives him a letter from her employer confirming her employment and also her monthly salary (just under 10k USD per month).
He also provides his own bank statement. He has $2000 in the account. Even though I'm not funding his trip in any way, I also provide my own statement. There is just over £16k in my account.
He has a car. He provides the documentation showing he has an asset to return to.
We went to Turkey together during the summer. He went and came back home again. I point this out in my invitation letter.
From his passport you can see he has travelled extensively. He has a 5 year US visa. He used it and came home again.
I also provide a letter from my employer confirming my employment and salary (over £50k per year).
He explains in his application that he is 6 months away from finishing his BS degree. He is also going to take his Masters after this at same university.
All information we provide is 100% accurate and correct. We want to do this right and we are completely open about everything. We want him to come and spend Christmas and new year with me and my family.
He goes to collect his visa. Application refused. The decision
>I note that you're not working and have no savings or property. Therefore I am not convinced you will leave the United Kingdom when you say you will.

This is wrong. Of course he doesn't work. He is a full time student, all his spare time is spent studying. No he doesn't own property. How many 21 year old students do? No he doesn't have any significant savings. He didn't claim to. He clearly stated his parents were financing this trip.

We can't fix this and apply again. He is refused for being a student? They have really made a mistake here and the only grounds for appeal are under 84 (1) (c). But you can't find any information on how to appeal using this. All appeal forms refer to other types of visa.
I really need advice on how we go forward appealing under this ruling.

I even contacted the UK ambassador for Lebanon. He read our case and has encouraged us to appeal the decision. It would have been useful if he could give us some guidance on how to do this, but never mind.

And to make the matter even worse. His friend applied for same visa and got it. All he supplied was his parents bank statement and his university enrolment certificate. His friend didn't even have a bank account of his own and was going to visit a fellow student who is living in uk on a student visa.

I would really appreciate any advice on how to go forward with this. We can't just apply again. There is nothing more we could add to the application.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: urgent help for general visitor visa refusal

Post by Wanderer » Wed Dec 24, 2014 1:59 pm

You can only appeal on Human Rights or Discriminatory grounds.

If I where you I'd ask for a reconsideration by the ECO highlight the points raised you feel are incorrect.
An chéad stad eile Stáisiún Uí Chonghaile....

katieboo76
Newly Registered
Posts: 2
Joined: Mon Dec 22, 2014 8:26 pm

Re: urgent help for general visitor visa refusal

Post by katieboo76 » Wed Dec 24, 2014 2:14 pm

Thank you for your reply Wanderer.

Can you please advise, if you know, how we go about appealing this? I can't find any information on this on any website. Or how do we contact them to ask for ECO to reconsider? There are no details in the refusal letter. Just initials for the ECO and no contact details whatsoever.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: urgent help for general visitor visa refusal

Post by manci » Wed Dec 24, 2014 11:18 pm

There are no appeal rights for visitor visa application refusals (apart from on human rights grounds) and the only way to challenge the decision is by requesting a judicial review.

Read the pre-action protocol for JR:
https://www.gov.uk/government/uploads/s ... ction2.pdf

Despite the refusal a fresh application may be quicker.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: urgent help for general visitor visa refusal

Post by vinny » Thu Dec 25, 2014 12:12 am

I'm guessing that the difference between him and his friend is that he has you! In their eyes, he has more incentives to stay with you, rather than returning. They failed to consider positive evidence of his student status and continued studies intentions, etc.

See also Guidance.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: urgent help for general visitor visa refusal

Post by manci » Thu Dec 25, 2014 9:36 am

a good summary of the current situation and available options is among the links Vinny provided:
https://www.freemovement.org.uk/visit-v ... al-review/

If there are factual mistakes in the refusal decision and the ECO didn't consider positive evidence your boyfriend could:

a) write to the Entry Clearance Manager pointing out the above and requesting reconsideration at the same time threatening JR if a review is not carried out, or

b) actually start the pre-action protocol for the JR which may result in a reconsideration (without having to go through the whole lengthy JR process).

If there are no contact details on the refusal letter your boyfriend could contact the ECM:

by writing to the visa application centre in Beirut, or
by email through the International Enquiry Service, or
writing to the ECM c/o the British Embassy where the Decision Making Centre is (likely to be Istambul but ask the VAC)

Locked