Refused UK visit visa TWICE but my circumstance is very different

score:2

Accepted answer

First, you should look up what they refused you for. The refusal note says Appendix V4.2(a) and (c). The corresponding rules for visitors can be found on the websites of the Home Office. The paragraphs relevant for you read:

V 4.2 The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
(a) will leave the UK at the end of their visit; and
(b) […]; and
(c) is genuinely seeking entry for a purpose that is permitted by the visitor routes (these are listed in Appendices 3, 4 and 5); and […]

This already gives you a big clue that they are not all too concerned about your finances (that would be V4.2(e)).

Now, let’s look at this with the eyes of the ECO. He sees that you have entered the UK in 2009. He proceeds to check what entitled you to enter then. He finds out that while you had a work visa, that expired 14 months after your employment ended. There are no records of other visas. Thus, you entered the UK illegally.

You claim that your visa has a date printed on it meaning it was valid until the end of December 2009. But it is irrelevant what date is printed on the visa if it is tied to your employment. I did not find the relevant paragraphs while skimming across some parts of the immigration rules but I am positive that this is stated somewhere. (Reasoning: the Home Office has no reason to make up rules.) Therefore, your single defense crumbled away.

They probably let you in at the airport in 2009 because they just looked at the date and did not check the record whether you were still employed.

Under the basis of your previous illegal entry, the ECO will assume (and has every right and requirement to do so) that you will go underground once you arrive, attempt to seek illegal employment (V4.2(c)) and overstay (V4.2(a)). The ties to your home country you showed were deemed not strong enough. That is the point you want to fix and my gut feeling tells me you want to be represented by an established solicitor if you want to reapply. Otherwise, you may well fall into a serial refusals chain.

Please also see the question I am about to link your’s as a duplicate of.

More post

Search Posts

Related post