Consecutive Visas??

[kaffuk]

Hi Guys,

Quick question.

My friend was on a Tier5 VISA until the 20/12/2016 and she has left the UK to go back home that day.

She has submitted a new Visa application for a 11 Months Long-Term Study Visa to enter the UK again the 08/04/2017

I wonder if the below rule apply to this scenario:

"Do not intend to live in the UK for extended periods through frequent or successive visits" ?

My understanding is it only applied for "Visitor" Visa but just want to have your opinion?

Thanks!
Kaff

[Casa]

"Do not intend to live in the UK for extended periods through frequent or successive visits" ?

This refers to a visitor visa application.

[kaffuk]

Thank you Casa. Saying that, it seems that the "short-term study visa" is included in the "visitors" ? can you shed some lights?

https://www.gov.uk/browse/visas-immigra ... stay-visas

Thanks!

[Casa]

Thank you Casa. Saying that, it seems that the "short-term study visa" is included in the "visitors" ? can you shed some lights?

https://www.gov.uk/browse/visas-immigra ... stay-visas

Thanks!

Tourist and short stay visas

This doesn't mean that the rules are the same for tourist (visitor) and other short stay visas.

[kaffuk]

Quick update..

My friend had her visa refused for the following reasons.

- She was on Tier5 MOB and they questioned why they didn't study at the time. (she actually did study english for 3 months and wanted to do more, but she didn't provide the document...)

- They also say the english course is not required by an employer so they question why is it necessary (she said she want to get her IELTS certificate because it will help her improve her english and find a better job within the international export field she is working in..?)

- They also say that also the fact she just came back from 2 years in the UK and 4 months after she want to go back for another 11 months means she want to make the UK her home and the agent is not satisfied.

Do you believe there is an appeal chance for this case?
how long before she can "re-apply" ?
Would this impact a normal "visitor" visa in the future?..

Thanks.

[CR001]

Do you believe there is an appeal chance for this case?

She likely can't appeal. To be honest, the refusal was inevitable and HO clearly saw right through the purpose of her application.

how long before she can "re-apply" ?

At any time, but unlikely to be successful anytime soon.

Would this impact a normal "visitor" visa in the future?..

It certainly will be on her record with the UK authorities.

[kaffuk]

What do you mean "right through her application" ? Her intention is to get an IELTS certificate from a UK school.

Thanks.

[CR001]

Which she could have easily done while here on Tier 5. Had she waited a bit longer to apply for a short stay visa, she might have been successful.

[kaffuk]

Do you think if she reapply to enter in July she should be ok? Is there any other info you believe she should add/clarify?

Full statement below:

You state that you wish to do a 7 months english course and prepare your IELTS exam for a further 3 months before returning to your country of origin. You also do not show any evidence of having attempted this course while on a Tier5 MOB. Additionally, there is no evidence that this course is part of a study in the UK or specific to an employment requirement. Those facts fails to satisfy me that the course will show a significant progression in your studies so far or that there is any previous attempt to study this course while you were in the UK for 2 years. These facts combined with the fact that you are seeking to re-entry theUK for a further 11 months, 3 months after your 2 years Tier5 Visa fails to satisfy me that you are genuinely seeking entry to the UK to study only and that you intend to leave the UK at the end of your stated visit or that you will make the UK your home.


Note: She did get a B1 level english certificate from a course between 09/06 to 12/09 but she didn't provide the certificate...

Thanks for any help.

[Frontier Mole]

She will not be returning to the UK under a visit or short term study isa for at least a year if not longer. Pointless applying until she has been outside the UK for at least a year or longer given her recent refusal.

[kaffuk]

Hi, Thank you.

A year? even if she address the points in the refusal ?

Thank you.

[Frontier Mole]

The issue is they can't resolve the point. The point is they should have not attempted to return using that type of visa as it clearly an obvious attempt to return to the UK iunder a fairly spurious circumstance.

Spending two years in the U.K. Then attempting to return to study English is just not credible.

[kaffuk]

Thanks Frontier Mole.
I understand your points.

She aim to provide the below additional evidence:

- English course B1 Level Certificate
- Return ticket
- English course C1 Level enrolment from UK School for 7 months.
- Based on the official IELTS website, proof that C1 Level is a natural progression of B1 Level (from being Independant user to being "Proficient".
Here: https://www.ielts.org/ielts-for-organis ... -framework
- Job description of jobs requiring to be "Proficient" in English to be considered.
- Copy of Master Degree from a Non English Speaking University.
- Letter from parents to certify she aim to leave the UK at the end of her study.
- Show funds available to support her stay
- Letter for accommodation
- Statement outlining history in the UK (worked for 1 year and started english course for 3 months) and future plans.
- Copy of her CV

Let me know your thoughts.
Thanks

[Frontier Mole]

Regardless of documents provided, the promises made, the secondary job roles with proficiency in English required the basic issue remains. It is in simple terms a pretty low end excuse to return to the UK. You can learn English just about anywhere in the world as a formally taught subject. Being in the UK for two years only to return to learn English is just not going to be acceptable. The refusal already gained is pushing the likely success criteria even further into the future.
By all means try again but expect the same outcome and another refusal to blight her record some more.