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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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My fiance was refused a tourist visa in 2014 because she did

Customer Question

My fiance was refused a tourist visa in 2014 because she did not convince the Moscow Embassy that she could fund her trip. She had already spent 147 days from a 12 Month Visa with me in the UK earlier in 2014. We have been together for 4 years while I was trying to get a divorce which I now have.
Her fear is that she gets refused again and will get a 10 year ban from applying because her travel agent who knows someone in the embassy has told her that could happen. My MP has told me a ban cannot happen what is the legal position with immigrations visa. Can applicants be banned and under what circumstances?
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
I do not think it is possible to get a ban but I need to convince her so in the unlikely situation that she did get a ban what is the appeal procedure and on what basis can an appeal be made?
Customer: replied 3 months ago.
Sorry the dates should be 2015 and not 2014.
We have been in a long distance relationship for 4 years have met numerous times and have had holidays together.
Expert:  Buachaill replied 3 months ago.

1. You are listening to people who don't know what they are talking about. Your girlfriend will not get a ban for making a valid visa application. The travel agent does not know what he is talking about. That is poppycock! She should go ahead and make her application as her grounds for doing so are strong. She is now in a relationship with you and can apply as your partner. A person who can show they are in a settled relationship for two years with a British citizen who earns more than GBP 18,600 can get a spousal visa to live and work in the UK.

Expert:  Buachaill replied 3 months ago.

2. You don't get banned for not having sufficient money to fund a trip. You don't get banned for wanting to apply and pay application fees to get into the UK on a tourist visa. Even if your girlfriend did get banned, she would get any ban overturned on appeal. The appeal procedure is to an Upper Tribunal in the first instance. You can also make a judicial review of any decision. So you and your girlfriend are worrying unduly.

Expert:  Buachaill replied 3 months ago.

3. Please Rate the answer as unless you Rate the answer your Expert will not receive payment for answering your question.

Customer: replied 3 months ago.
Great that is exactly what I think. The problem occurred because my girlfriend who works for her mothers business did not show sufficient earnings for the time she was in Moscow and did not declare that she was living with me and that I was funding her visit to the UK. I too would have refused a visa based on the letter that I saw from the Embassy. I completely agree with you on poppycock and can assure you that I am not worried but I am having problems convincing her that she is worrying unnecessarily.
The issue with the income of £18500 income could throw up a problem. I am an Architect and my own practice is a limited company. For the last tax return I earned £5400.00 but that was for other reasons my business turns over about £100k per annum at the moment and with little effort could be higher (too busy enjoying life) Can I use the business figures to show sufficient earnings or alternatively can the business state that the business will provide for her.?
Expert:  Buachaill replied 3 months ago.

4. What I would suggest is that you pay yourself a monthly salary from the business which can be extrapolated over the full year so your earnings are above the necessary GBP 18,600. If you want you can pay yourself this amount over a four month period so that you exceed the earnings threshold in the current year. It is only done on a current year basis so once you show you earn the necessary amount that is sufficient. I appreciate that accounting within a business may show small sums being produced. However, you should simply mould your earnings stream so you exceed for the year in which you are making the application. It is your earnings which are important if you apply for the partner visa, not hers.

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