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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Hi, I am in need of advise, my girl friend is a KUL national,

Resolved Question:

Hi,

I am in need of advise, my girl friend is a KUL national, in sept 2008 we had a cert of approval to get married, our town hall advised us we had 12months to get married now that we submitted it, my girl friend opted to back to KUL to finish her last 6 modules to complete her masters. Local town hall/registry office advised it would be fine to go back to KUL and she would not have a problem coming back in the country, on her return she was declined entry because she did not have a fiancé visa, I have been to HKG to meet my girl friend since, We thought it would be wise to apply for a tourist visa so we could spend sometime together in the UK, the high commission has declined this because she is still in a relationship with me, I am so confused…..please help
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Fran-mod replied 6 years ago.

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Customer: replied 6 years ago.

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?

Expert:  CharlotteSJ replied 6 years ago.

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.

CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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