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Fran JustAnswer Moderator
sorry I guess there really wasnt question:
1. Is it worth appealing or should i just just go for a fiance visa?
2. If I desided now to apply for the fiance visa what is the likey hood of being declined because she was declined a tourist visa and was previously declined entry?
3. would it improve the success rate if I used a agency to help like Visa Appeal?
First of all you cannot appeal a normal tourist visa, only family visit visa. If the Embassy gave your girlfriend a full right of appeal then they have obviously accepted that this was a family visit. If they have only given your girlfriend a limited right of appeal on human rights or discrimination grounds only then you would only be able to appeal on this basis.
If you decided to apply for a fiance visa then this would not necessarily get refused just because the tourist visa application did as it would seem the main reason was that the Home Office were not satisfied that your girlfriend was coming as a genuine visitor given that she had previously had a certificate of approval to someone she was still with. It is likely they believed she was still intending to marry even though the visit visa she was applying for didn't permit this and so they believed she would breach the conditions if she was granted this.
A fresh fiance visa application should have no reason to fail provided your girlfriend meets all the requirements as set out in the immigration rules and you properly explain why the previous refusals occurred. It would be a good idea to get some professional assistance in preparing this application though I would recommend that you use an experienced immigration solicitor rather than an agency as a solicitor is far more likely to be aware of the rules and to know how to prepare your application to maximise your chance of success rather than an agency worker with no legal training.
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