Visitor visa

[Olesya]

I am 24 years old and a Russian international passport holder.

I would like to initially get some advice.

My first tourist visa to UK was issued 2005 and I spent 1 week and 11 days in UK (2 visits).

My first 1 year student visa to UK was issued 23/05/06 and was valid until 30/06/07 - I studied 12 months in Oxford House college advance level English and FCE course (have certificates).

My second 1 year student visa to UK was issued 14/09/07 and was valid until 30/11/08 - studied 12 months in Williams College Business English (have certificate).

I did not over stay any of these visas.

I got married to my husband (a British citizen) on 17/12/07 and my wife visa was issued 01/08/08 in UK Border Agency and was valid until 01/08/10.

We unfortunately separated and my husband decided to leave the UK in September 2008 and until next year will be living in Hong Kong.

From 25/10/08 until 03/09/09 I have been living in Turkey and made 3 trips to the UK (duration of 5 days each time). My wife visa was cancelled at Gatwick North on 24/07/09 on the grounds that I haven't been living with my husband. I left the UK as instructed and confirmed with the UK Border Agency directly that no ban was placed or any penalty incurred on my record.

I therefore applied for visitor visa for 6 months providing all documents required in Saint-Petersburg on 06/10/09. My application was refused on 20/10/09 due to concerns over risk of over staying.

I had asked for 6 months stay with my boyfriend and provided proof of necessary funds in my bank account (Euro 7000+); details of the property I own in Saint-Petersburg; details of my full time employment; family in Saint-Petersburg (Mum and Aunt) plus sponsor letter from my boyfriend, including 2 utility bills proving he has a house in UK, employment status, bank statements showing necessary funds (£50,000) and evidence that we were living together in Turkey (rent contract for our villa) plus copies of his passport and 3 Russian tourist visas from him visiting me and my family in Saint-Petersburg.

The application was assessed against paragraph 41 of the Immigration Rules (I) - (IX)Post reference : MOSCOW/1250898 as a refusal. No one from the embassy contacted me, my place of work or my boyfriend to confirm any details and I was not called for an interview.

As far as I know I cannot appeal if the application was for a General Visitor.

I would like to get advice on the process to re-apply or confirm if any mistakes were made. I also need advice on if any other type of visa may be applied for which may provide a better solution. I need to be in UK for 6-12 months and plan to determine during that time plans for being in UK long term or moving internationally with my boyfriend.

I therefore also need to confirm whether re-applying for General Visitor or Student would be best route given the refusal. I therefore need to confirm if I may be eligible to apply for a 1 year student visa to study in English school in London. I heard now you cannot apply for a 3rd student visa unless it is for MBA or a university degree, but the Tier 4 points system notes on the UK govt website does not state this.

I am able to prove necessary funds to study for 6-12 months on an approved tier 4 course in the UK.

[Casa]

You can't remain in the UK on a visitor visa for 12 months. If ECOs have reason to believe that you will overstay...boyfriend in the UK for example and the fact that you lived there previously, they have the right to refuse the visa.

[batleykhan]

The question of getting a visitors visa for any period by yourself would be impossible in view of your previous history.

[krazydude]

Visitor Visa - Read above, I too doubt if you would get it.

Student Visa - This stands a better chance than a visitor visa, but could be refused as it might be interpreted that you are applying for this visa to enter the country to live with your boyfriend and not to study.

If you and your boyfriend are serious about staying together, then why do you not try for a Fiancée Visa (assuming he is a British Citizen).

You can also look at marrying him in Turkey and applying for a Spouse Visa from Turkey (I am not sure about the legal requirements of getting married in Turkey for non-Turkish nationals though)

[batleykhan]

If you and your boyfriend are serious about staying together, then why do you not try for a Fiancée Visa (assuming he is a British Citizen).

You can also look at marrying him in Turkey and applying for a Spouse Visa from Turkey (I am not sure about the legal requirements of getting married in Turkey for non-Turkish nationals though)

I wouldn't bother applying for fiance visa until you have started the ball rolling ( re: divorce from your first husabnd).

You will need decree nisi /absoloute as proof before your prospective boyfriend applys for you.