UK tourism visa refused twice - if refused again should my friend appeal?
Upvote:4
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.
Upvote:10
(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.
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