Student Visa Refused - Will it affect entrance as a visitor?

[The Captain]

Hi,

My Brother-in-law who is from Brazil has just been refused a 12 month student Visa which he will be appealing.

Now bearing in mind that if he's successful, from the breif research I've done, he's probably looking at about a minimum 8 month wait until the visa is issued. Therefore I was wondering if he would be able to enter the UK as a Visitor so that he can spend Christmas with us or would the refusal of the student visitor affect this?

If he can enter as a visitor then would he need to make any particular application or could he just fly here and present my letter of invitation (as my mother-in-law and father-in-law did)?

Any advice is appreciated!

Thanks

[UKBAbble]

Very risky to try to enter as a visitor (in the circumstances you describe).

[Frontier Mole]

Why was your brother refused a student visa?

Agree with UKBAbble on trying to use the tourist route to enter. Look at it from the UKBA point of view - failed visa application then trying to come in as a visa waiver national. It just does not look or smell right.

I would be inclined to get a visit visa before coming over as that way there is little chance of being turned around when he lands.

[UKBAbble]

He would be best advised to obtain an optional visitor's visa, then if he should be refused he won't lose the cost of the ticket plus he won't have to suffer all the hassle.