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Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm.
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Hi, my name is XXXXX XXXXXm from malaysia and live in kuala lumpur.

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Hi, my name is XXXXX XXXXX from malaysia and live in kuala lumpur. i have applied for marriage visitor visa in May and it has been refused. and as been told, i have to apply for general visitor visa to make a clearance for my refusal, which i did in june and it's been refused again. so, my partner and i flew to bangkok because we intended to register civil marriage there but we cant get it done as for it to be recognized under thai law it has to be done thru muslim marriage as i am muslim malaysian. i did not appeal both of my refused application. we want to register civil marriage and i wonder if i can still apply for marriage visitor visa again. what should be the next step if there any.. thank you
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

Why were your applications refused?
Customer: replied 4 years ago.

Hi Alex,

my first application was refused as said in the last refusal letter they were not satisfied on the balance of probabilities that i was genuinely seeking entry for the limited period as i stated in my application which was for 6 weeks and they believe that i didnt intend to leave the UK a the end of my proposed visit.


Why was the general visa application refused?
Customer: replied 4 years ago.

since the marriage visa been refused, we were planning just for me to visit him first and we will plan to get civil marriage registered in singapore instead in after few months. so i applied for general visa, and in the refusal letter, it said " it is unclear why i now not intending on marrying my partner. i've attached snap shot of both refusal letters. i hope u can take a look. let me know if u have a problem of viewing it as i cant scan it right now.

Thanks for the additional information. Your applications have been refused because the Home Office is not satisfied that you would return to your home country after your short visit to the UK. They have referred to the fact that you have provided some limited information about your employment and that you rent a property. They think you have limited ties to your home country and believe that you will stay in the UK and will not return. You have the right to appeal the decision on the following grounds:

(a)that the decision is not in accordance with immigration rules;

(b)that the decision is unlawful by virtue of section 19B of the Race Relations Act 1974

(c)that the decision is unlawful under section 6 of the Human Rights Act 1998

(d)that the appellant is an EEA national or a member of the family of an EEA national and the decision breaches the appellant’s rights under the Community Treaties in respect of entry to or residence in the United Kingdom;

(e)that the decision is otherwise not in accordance with the law;

(f)that the person taking the decision should have exercised differently a discretion conferred by immigration rules;

(g)that removal of the appellant from the United Kingdom in consequence of the immigration decision would breach the United Kingdom’s obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with the appellant’s Convention rights.

You could appeal the decision based on (a)(e) and (f) above. I cannot see the date of the refusal letter but you only have 28 days to lodge an appeal. If you decide not to appeal then you can make a fresh application but it is essential that you deal with the concerns that have been raised by the Home Office and produce evidence that you will return home at the end of your visit.

Happy to discuss further. Please remember to rate my answer.

Alice H and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks Alex..

Date to appeal was in July. So i'll apply fresh application. Question is can i still apply for the marriage visitor visa or i have to make a clearance by applying general visitor visa first?


The problem i have is that i work at a bar and i didnt get any pay slip for my commission. therefore it's hard for me to provide strong evidence as required.


I'm wondering also if my 3rd application will be refused again, will it effected me o visit UK in the future?

From your opinion, if i re apply for marriage visa, what do u think would satisfy those doubts they had?

Please could you clarify:

Are you and your fiance both Malaysian nationals?

Why would you like to marry in the UK?

Customer: replied 4 years ago.

Sorry for the missing info.


My partner is British and live in London. i've been visiting him there from time to time. We would like to get married there since he live there and it would be easier to get it done during my visit and we can do it as a civil marriage without having him converted.


I notice that you say you have visited him from time to time.

How many times have you been to the UK exactly?

Have these been general visits?

I'm trying to understand why you've been refused a visit now if you've been allowed to do so in the past.
Customer: replied 4 years ago.

I've been to UK 5 times, and i never have to apply for visa to visit as i'm a malaysian passport holder. we decided to get married and then i applied for marriage visitor visa. which been refused

Its a real shame that you didn't appeal the decision. From the information you have provided I think you have an argument to say that the refusal's are unreasonable and a violation of the right to private and family life under UK law (Human Rights Act).

I appreciate that you may be out of time to appeal but I think its worth asking anyway. There is a discretion to allow you to appeal out of time. If this is refused you can make your third application but I have to say that as 2 previous applications have been refused your chances of success 3rd time round is very low indeed.
Customer: replied 4 years ago.

the first refused was on 11 june 2013 as u can see on the attachment. and the second one was on 1st july 2013. i was confused and didnt really understand on how to appeal and that we decided to get married in Thailand which cant be done. How can i ask for appeal when it's already passed the date?


If we get married else where, what are he chances they will approve visa for me if i've already been declined twice?


what do u think best way for me next? and will i have a problem if been refused 3 times? i mean, can i still keep applying or it have a cooling period?

thank you

Thanks. The second page was not included in the original scan.

Under UK law - The Asylum and Immigration Tribunal (Procedure) Rules 2005 - you can lodge an appeal out of time but you must give an explanation for the late notice. If your explanation for lodging the appeal is accepted then the Immigration Tribunal will deal with your appeal. If refused then you must make a fresh application.

There is no specific guidance on what you should do. But in my experience if you make a third application, even with the correct information, you might be refused entry clearance because the Home Office doubt the genuineness of your reason to visit the UK.

The view amongst lawyers is that where your application has been refused you should appeal rather than make a fresh application. If you are successful in your appeal your application for entry clearance will be reviewed.

You need to move quickly. The longer you delay the less likely it is that your out of time appeal will be successful. As your fiance is in the UK he can help you by getting a local immigration solicitor to advise you on the steps and help compile your appeal. If you need a list of lawyers in his locality then please let me know.

Hope this helps. Please remember to rate my answer. Happy to discuss further.

Customer: replied 4 years ago.

Thanks for the advice. so it's been 2 months since MVV been refused. i will try to lodge an appeal out of time. yes, i would need list of lawyers in his locality. thanks

Customer: replied 4 years ago.

Hi Alex, i would appreciate if u could provide me the list of lawyers. My partner live in colliers wood but he work in London town. do u provide he same service too? if so i would like to know the rate. thank you


I'm sorry for the delay.

There are two good solicitors in London that I would recommend:

Stefan Vnuk

Romana Ahmed

Customer: replied 4 years ago.

thank you alex. really helpful of u.

No problem. Thank you very much.