UK tourism visa refused twice - if refused again should my friend appeal?
Here's the situation. My friend applied for a UK tourism visa stating that she would be visiting the UK for 2 weeks (It's written in the visa that she could stay up to 180 days) and granted but she ended up staying for 5 months (150 days). And the visa was valid for 6 months
During the 5 months she traveled a lot in the UK, Wales and Scotland. She stayed with friends so she didn't have to pay for the accommodation. So, she thought it would be ok which the immigration didn't say anything when she went back. She's Thai national.
Now she wanted to come back so she applied for the visa again and got rejected, UK Border gave the reason that they didn't believe she would be coming for tourism again because she stayed for 5 months already. And she applied again because she wanted to come here for vacation during Christmas and got rejected again with the same reason. Now, she wanted to apply again for the third time and she's not sure of what more documentation she needs to provide for UK Border to believe that she will come here for vacation and nothing else. For that last two rejections she also showed return tickets.
Not sure if anyone has seen this kind of case before and how to resolve it?
Best Answer
(Adding new answer 21 Oct 2014)
It is not possible to appeal the refusal of a UK visitor visa. If you read their determination letter, it will state this outright.
The refusal of a UK Visitor Visa does NOT attract appeal rights. This option was removed from the books in 1991. Last year the right of appeal for family visitors was turned off, and there is currently no UK visa issued for 6 months or less that attracts right of appeal.
Also, in the intervening time since posting this question and now, they are entitled to refuse a visitor visa if it looks like the applicant is building up a private life in the UK, and a previous visit of 5 months is a justifiable indicator that the applicant has a private life, or is building up a private life in the UK. ESPECIALLY if there is no performance history in other countries.
It is possible, however, that continuous refusals for a long time can permit the applicant to bring a Perversity Judicial Review. These are complex and require management by a qualified UK solicitor.
As always, the best way to correct multiple refusals is to build up a substantial history of performance.
Pictures about "UK tourism visa refused twice - if refused again should my friend appeal?"
How long after a UK visa refusal Can I reapply?
You can make a fresh application addressing the grounds of refusal with the submission of new evidence and fee. There is no time limit for making a fresh application. So, you can reapply any time after your UK visa refusal.Can I apply for UK visit visa after refusal?
Can I apply for UK visit visa after refusal? You can apply for a UK visit visa after you have been refused, although you will need to address any reasons for refusal by way of additional information, explanation and evidence.Can you appeal a tourist visa refusal UK?
A UK visit visa refusal is not an appealable decision. This means that you cannot challenge it by way of an appeal. However, if you have ever been refused an entry clearance as a visitor you have the option of re-applying or submitting an application for judicial review.What are the chances of getting a UK visa after refusal?
The current refusal rate for UK visa applications hovers around 15% mark, with some categories experiencing an even higher rate of refusals. The most notable example is a now-closed Tier 1 (Entrepreneur) route, where the refusal rate was around an astonishing 50%.Schengen Visa Appeal Process and Letter for Refusal (Europe Visa)
More answers regarding uK tourism visa refused twice - if refused again should my friend appeal?
Answer 2
An appeal would only be successful if she is able to give a really good reason for over staying, maybe also explaining that she didn't understand how the VISA worked since it said that it was good for 180 days and she did follow that.
If not, then I think (unfortunately), you are out of luck for the time being. About the only thing you can legally do is write your representatives in Parliament and participate in activism to try to change laws regarding VISAs and borders. If the UK were to join the Schengen Area then it would be much easier for her to visit, for example.
Otherwise, your best bet would be to just meet her in Paris or Brussels - a nearby city outside of the UK that she would probably not have a problem visiting.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Pixabay, Pixabay, Dominika Gregušová, Helena Lopes