UK Holiday Visa refused - options?

[tadhgred]

Hi, a friend of mine who is a non EU citizen and is a student in Ireland has recently had his Holiday Visa refused.

The first grounds for refusal was that he had provided evidence of his enrolment at an Irish college, however he had not provided evidence of his attendance. This was a highly surprising as it had not been indicated anywhere that his attendance had to be provided; there was no immediate reason to assume that one should provide it anymore than providing the names of his teachers or the weekly timetable. The guidelines only mention a proof of enrolment.

The second grounds for refusal were that he was working 40 hours per week. The UK border agency had apparently mistakenly believed that non EU students are required to work a maximum of 20 hours. This is not the case. During holiday periods a non EU student may work up to 40 hours per week, and it is plainly wrong to assume as 'default' that a student can only work 20 hours unless otherwise indicated.

The refusal thirdly stated that the applicant had 'stated' he had enough funds to support himself but had not provided any evidence such as bank statements. Again, this is incorrect. A bank statement, stamped by the bank, with account balance, was provided with the application.

These seem to be unreasonable grounds upon which to refuse a visa since they are either based on flimsy, groundless inferences or basic mistakes.

Is it possible to appeal or, failing that, to make a complaint about what seems to be a pretty strange and unfair judgement.

[mulderpf]

If he didn't provide proof of his attendance, how was the UKBA supposed to know whether this was holiday time or not?

Anyway, your friend can appeal the decision.

A complaint probably won't get you anywhere as the general attitude would be that a visit visa for a non-EU citizen is a privilege, not a right and so on.