Tier 1 dependent visa refusal and visitor visa application

[ozgur]

Hi,

I am working in the UK with Tier 1 visa for more than 1 year. My girlfriend`s application to Tier 1 dependent visa was refused by the UK consulate in Istanbul, Turkey. We appealed to this decision 5 months ago, but the case is not resolved yet. She is planning to apply for a general visitor visa. She had a visitor visa before and came to the UK twice and she is currently employed in Turkey.

I know that her chances to obtain a general visitor visa is not high, but this is the way how we kept our relationship. I frequently went to Turkey and she came here. Therefore, what I would like to know is following. Do you might have any idea if application to a visitor visa under these circumstances is against the rules or not? What I mean is, can you make a visitor visa application when there is an ongoing appeal? Is there anyone, who is granted with a visitor visa after his/her dependent visa application was refused?

Thanks for your help,

Ozgur

[Lucapooka]

An application for a visit visa is not against the rules (it's permitted to apply for a visa with a pending appeal) and she can apply as often as she chooses - but the application itself may not be approved. In fact, in this case, it won't be approved given the particular circumstances. You say you have appealed the previous PBS dependant application but what are your grounds for this? How do you intend to show that you have been cohabiting in a relationship akin to marriage for two years?

[ozgur]

Thanks for the reply.

I am afraid that, when she will apply to the visitor visa, the UK consulate in Turkey will think that she has no intention of returning to Turkey. She is working in Turkey and will be returning, but I do not know a way to guarantee this from consulate`s point of view. In addition, if this was her intention, she could stay here illegally, instead of returning to Turkey and making her application to the dependent visa last year.

I came to the UK on November 2010. She made the application to Tier 1 dependent visa on October 2011 by submitting photographs, emails, flight tickets, letters from friends/relatives, and a bank statement belonging to our joint account. The entry clearance officer refused to grant the visa by telling that there is not enough evidence to show that we were in a relationship akin to marriage before I came to the UK.

Before coming to the UK, I was working in Portugal (March 2010 - October 2010) and we lived in the same house for 6 months before I went to Portugal. With the appeal we have submitted our joint tenancy agreement, documents showing my employment in Portugal, her flight tickets to Portugal, etc.

Since the FCO did not see a problem for the time period when I was working in the UK, in my opinion, he or she should not see a problem for the time period I was working in Portugal, because the same kind of evidence documents were submitted. And before I went to Portugal we were living at the same house. Besides, as of today I have been living apart from my girlfriend in another country for two years, meaning that it is impossible for us to provide any document showing we were living together for last two years.

The deadline for the FCO in Turkey to respond for the appeal has passed. Because the FCO did not respond, the court sent IA12 and IA35 letters and gave the FCO another two months to send our documents and his/her reason to keep the decision to refuse the visa.

When submitting the appeal we have chosen the decision to be made on paperwork. We thought this should take less time to resolve our case. Now, we are going to request an oral hearing and I will try to defend the case in the court. If there is an immigration lawyer reading this topic, who thinks this appeal can be won, we can discuss details and assign him as our legal representative.