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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7472
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My daughters Venezuelan friend has been denied Student Visitor

Customer Question

My daughter's Venezuelan friend has been denied Student Visitor visa to come to UK 28 Aug 13 to 28 Jun 2014 because the course is for only 4hours per week and they don't understand why her employer is prepared for to take 10 months leave.
We would still really like her to come & visit even though it would be for a shorter time (6 weeks is all she could afford at the most) but would she have to get a visitor visa now? She came across last year without a visa but the Borders Agency website says that if a visa has been refused then a normal visitor visa is recommended to avoid being turned away in UK.
She already has flight tickets for previous planned trip and would like to just get those tickets changed. It's a horrendous task of travelling to Caracas & paying about £300 to get a visa.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

There is nothing stopping her from applying for a general visitor’s visa. However, because of the earlier application the UKBA will be very suspicious that her application is actually for the purpose of coming here and doing what she would be doing on her student visitor’s visa application.

For her to have a chance she would have to submit a sworn statement confirming that she has no intention of doing this and also documentation from the employer and the academic institution in the UK also confirming that they have cancelled all plans for her to visit under the student visitor’s visa.

Quite franky, it’s going to be very difficult because although she can give her word the UKBA will still be suspicious both or her and the academic institution agreeing for her to do what she was going to do anyway but “off the books” as it were.

The only way that she would have a chance of applying is with the above sworn statement and evidence and also a sponsorship declaration from you. If you are based in the UK and will assist her during the intended stay you should go to a local solicitor to draft a sponsorship declaration in which you state the terms of the visit, that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds.

This should cost around £50+vat and you can find immigration solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

I am sorry that I could not have better news for you.



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Kind regards,


Tom
Customer: replied 3 years ago.

Oh No!!!


So by wanting to be here for a few months and trying to do it properly, she is penalised and is unlikely to be able to return to us. This trip was supposed to see whether their relationship was a strong as they felt it to be and to work out whether & how, in the future, there would be an option for her to move across here as a partner. It doesn't seem fair that there they chose to decide she may not go back and the only option is to start all over again and take a big risk of losing over £500 in fees etc.



Looks like they've blown their future together totally, unless we win the lottery and she braves travel to Caracas again. She should have just come across for a month or so each year without a visa.

Expert:  Thomas replied 3 years ago.
Hi,

I'm not sqaying it's impossible, just that the evidential burden of documents she must submit it a bit higher now.

I appreciate that it is not really fair or just.

If you focus on getting all the documents together she still has a chance but you have to explain in detail and provide the UKBA with as much assurance as she can that she will not carry out the academic element of the earlier visitor's visa.

Please remember to rate my answer.

Tom
Customer: replied 3 years ago.

Thanks


 


If she had proof of cancellations and a document from me, would she still actually need a visa? She just came in for 3 weeks last time without any need for visas or letters. And the website says that it is advisable rather than necessary. We can't even work out at the moment whether she could get an online visa (that would make a big difference) and what price it would be.


 

Expert:  Thomas replied 3 years ago.
Hi,

If she is a Venezualen citizen living in Venezuela then she would need a visa to visit the UK. You can check here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/do-you-need-a-visa/

Please remember to rate my answer.

Tom
Customer: replied 3 years ago.

Thanks

Expert:  Thomas replied 3 years ago.
Hi,

No problem

Please do remember to rate my answer.

You have not yet.

Kind regards,


Tom

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