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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir/Madam, I wondered why I was refused to my recent

Resolved Question:

Dear Sir/Madam,

I wondered why I was refused to my recent general visitor visa application. One of the reason was that I had used the entry clearance for a purpose other than post-study work (PSW) visa. I used to be granted the PSW from 2009 to 2011 and I used to work under the PSW for a while. After that I had to return to my home country due to my dad's serious illness in late 2009.

Later I returned to the UK twice in 2010 (15 days) and 2011 (20 days) with the PSW as it was not yet expired. However, my main purpose was to visit my boyfriend and the immigration control allowed me to enter the country. In 2012, I applied under general visitor visa and I was refused with the above-mentioned reason. I am now planning to apply for a general visitor again to visit my boyfriend. We are not legally married and my purpose of this time is to visit him and I will return home as I have my full-time job here and I have to look after my family at the moment. I am from Thailand by the way. Your suggestions on this would be most appreciated.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your patience.

You were probably refused because you entered twice under your PSW visa without actually intending to remain in the UK for the purpose of the visa (ie. to work). This is technically a breach of the immigration rules, albeit perhaps not the most serious one in the grand scheme of immigration rules breaches.

However, the onus is on you to explain why you did this and to seek to produce such evidence as you can to show that you are of good character and that you are not likely to breach the immigration rules again.

You should also obtain character references from people in your home country who are of authority, have known you for a reasonably long length of time and can speak to the out-of-character nature of this oversight and your continued good character over the length of time that they have known you.

The eligibility criteria for a visitor's visa is as follow (as I am sure you know), is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You have to try and show them that you have continuing obligations in your home country which will continue after the visit and therefore convince them that you are not a risk of overstay because you have compelling family and social/work ties to your home country which mean that you will not attempt to secure a permanent stay here whilst visiting. Things like a letter from yor employer stating you have a job (if he does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money you have available, letters from relatives/friends confirming any obligations you have to them.

If your boyfriend will assist you during the intended stay they should go to a local solicitor to draft a sponsorship declaration in which they state the terms of the visit, that you are to return at the end of it, that although you are in a relationship you both know that you MUST leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship (though you have no present intention to apply in the near future), that they shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during the stay so that nether of you will need to access public funds.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom




Customer: replied 1 year ago.

Dear XXXXX,


 


Thank you for your prompt reply. What if I and family would support my application, without my boyfriend's sponsorship. My parent will submit a letter from a bank that they will be able to cover my stay in the UK. They used to do that when I studied in the UK in 2007.


 


Actually I will stay with him at his house and we can share the expenses of food and miscellanous. He has just moved in and can send me mortgage paper with his invitation letter. I will also submit evidence of our maintained relationship (photos, calling history). Do you think this is sufficient? The reason why I visited him under PSW was I wanted to maintain our genuine relationship and he traveled to Thailand for 5 times within 3 years. I was innocent that the PSW cannot be used for general visiting purposes. Yes, my current employer can issue me a confirmation letter that I have been employed and will report to work upon my return from the UK. In addition, I have to look after my family. Your additional information would be appreciated. Thank you!

Expert:  Thomas replied 1 year ago.
Hi,

Whilst helpful the letter from your parents would not be decisive because they are in another country, it's not easy to enforce against someone in another country so the UKBA will not take much assurance from this.

He really does have to execute a sponsorship declaration, this will assist the application much more.

You will have to claim your entry under the PSW as as honest misunderstanding and therefore a mistake. YOu should submit a sworn statement to that effect/

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6515
Experience: BA (Hons), PgDip, Practising Solicitor
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