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Thread: Trouble getting a visa
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15th June 2014 #1
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Trouble getting a visa
Hi all
In 2012 my then gf of 2 years who is now my wife since July 17 2013 applied for a visitors visa to come and visit me.
It was refused. Even though we have a new house plot in the Philippines and specified it was only a visit. But never mind.
We are planning on applying again. Do you think we might get turned down again?
This is our situation now:
We are legally married since July 2013
We have 2 houses and plot in the Philippines
We have a newborn baby
I'm working full time on a contract
It is only a family visit
We have been together nearly 5 years
I do not have savings because of building our new home in the Philippines
I'm asking this because I'm very suspicious that they always manage to find some excuse or other to refuse for no valid reason
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15th June 2014 #2
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- Aug 2010
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- Marikina City
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Securing a visit visa is notoriously problematic for many reasons.
Not least because approval or refusal of the visa is principally based on the discretion of the ECO.
There's no appeal process.
The major challenge is the need by the applicant to prove a non-immigrant intent.
Applicants clearly demonstrate to the satisfaction of the ECO that they do not intend to remain in the UK on a permanent basis.
Immigration law places this burden of proof on the applicant.
In order to grant a visa, the ECO must be satisfied with the applicants strong social, economic and family ties at home that would compel them to leave the UK at the end of the temporary stay.
Unfortunately, in many cases it can be tricky to overcome this presumption.
Reasons to return home and strong/complelling ties differ from country to country, city to city, individual to individual.
Some examples of ties can be a job, a house, social and family relationships, a bank account, possessions etc
The ECO will be looking to see if the aspects of the applicants life that binds them to their home country outweighs those aspects that may cause unwillingness to return home country, or may allow attempts to change or extend their visa status.
The positive aspect of visit visa application is that of it's very low cost.
So nothing to lose and everything to gain.
Any refusal will always be provided with a detailed reason(s) according to immigration rules.
This can actually provide a good opportunity to counter those refusal reasons in any subsequent visa application.
What reason(s) did UKVI give before?
There are so many forum threads on this topic so please do take some time to do a search so that you can fully understand all the needed supporting documentation. (Which can be significant by the way.)
Just to recap, the absolute keys are going to be:-
- Reasons to return home that outweigh reasons to stay
- Financials
Good luck
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15th June 2014 #3
Hi cassuk, do you mind me asking why not applying for spousal visa? I know it can be a bit more expensive than the visitors visa but it is more easier to apply for that one most especially that you two are married now....
It will be beneficial for you and your wife as you don't need to keep re applying for visitors visa whenever she wants to come in England to visit you and your family....
Or does she only intends to visit you just once in the UK then in the next 2-5 years you are moving to the Philippines since you got 2 houses there already?
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15th June 2014 #4
as Terpe has posted it can by tricky
probably not in your favour is the fact that your in the UK and your wife is in the phils and your applying for a visit visa and not a settlement visa, so you'll need to convince the caseworker that your wife will go back
some people in the past have used a visit visa to get their partner here and then overstayed and tired to apply for settlement for them from within the UK, ending in long and drawn out appeals cases with the HO, thus making it more difficult for genuine visit visa apps for partners
but its a low cost application fee so it always worth applying for, and good luck
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15th June 2014 #5
I was thinking in the past about getting a visit visa for my fiance so she can see what it's like here.
As Terpe says it's all on the applicant proving beyond reasonable doubt that they have sufficient ties that they will return at the end of the visa period.
Because you are married it makes it difficult.
I guess try and show as much evidence to show she will return to the Phils.
I'm going down the spouse visa route now.
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15th June 2014 #6
- Join Date
- Jul 2005
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- Pangasinan
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If you're in the UK now...and working, definitely take the opportunity to get a spouse visa....while you can. It will never get any cheaper, nor easier.
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15th June 2014 #7
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