UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
My name is Francine, and I’m a Moderator for JustAnswer.
Thanks for your question!
I'm sorry that you haven't received an answer yet. The response rate on JustAnswer is usually over 95%, but sometimes questions go un-answered when:
1. the question may be unclear 2. the question seems to require an answer for something that cannot be explained online adequately 3. the Experts that are online simply don't have the resources to answer your question fully 4. the question price you selected is too low for the complexity of the question
Please feel free to re-word your question or increase the price if you feel that may be the reason. Of course you are not required to increase the price. :)
If you would still like to receive an answer from an Expert, just let me know, and I will do my best to assist you by finding an Expert to help you.
If you have any questions regarding deposits or billing, please feel free to use the help link below:
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.
I hope this answers your question in which case please Accept. If you require any further information, please ask.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).