Visa Application Advice

Houseplantophile · 2022-07-06T12:42:33+00:00

Afternoon, Does anyone have any experience with or could recommend a good visa lawyer or adviser? Situation is that SIL (British Citizen) is married to an African. They have lived there for many years (10+) and have children together. Children are considered British Citizens through mother. BIL has applied for tourist visa to be able to visit our family in UK. This has been refused. They believe he is unlikely to return home. This is the third time they've rejected his application over 5 years or so. Seems the process is very complex with lots of hoops to jump through and pitfalls... we'd like to get some legal advice on the best way to navigate the process in such a way that allows him to come and go and possibly work whilst here (he wouldn't have worked on the tourist visa but considering future options!). His home is very much in Africa and has little interest in living here permanently but of course the immigration office can't trust that! Can anyone help?! Thanks so much!

MarieG10 · 08/07/2022 07:43

Aside from the husband, she needs to sort this out. "Children are considered British Citizens through mother. ". They are not considered or in fact British citizens u til they have a passport so I suggest she urgently rectify this

Yes prob keep rejecting it as for most, that will be the intention. Huge numbers arrive on tourist visas and don't return....frequently landing in NHS hospitals for treatment for which there is no hope of getting the bill paid

If you look at the regimes of NZ and AUS they are even stricter.

Original poster

Houseplantophile · 08/07/2022 12:11

Hi @MarieG10 - thanks for responding.
All of the children have British passports. They are currently in the UK with their mother visiting their family and they travelled on their British passports.
It is only the father who has a problem.

I’m hoping for someone who can give some advice on either a good immigration lawyer or alternative routes to successfully get a visa.

He’s had tourist visas in the past and never overstayed. He’s a genuine guy just wanting to visit family.

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GreenGoblin0 · 08/07/2022 19:15

Whereabouts in the UK is your sister living (for local recommendations)

MarieG10 · 09/07/2022 17:59

@Houseplantophile
My comment wasn't intended as a slur on your BIL. The comment was more about why the immigration system is as it is. The reality being that a completely disproportionate number of tourists who are from Africa before it was tightened either do not return and disappear or land in the NHS for treatment (I have a fair knowledge re this)

Having said that, I'm puzzled why he keeps being refused a tourist visa as the conditions are reset key easy to meet unless he can't demonstrate the means to support himself when here or to return him. Have a look here www.gov.uk/standard-visitor

GreenGoblin0 · 09/07/2022 20:13

MarieG10 · 09/07/2022 17:59

@Houseplantophile
My comment wasn't intended as a slur on your BIL. The comment was more about why the immigration system is as it is. The reality being that a completely disproportionate number of tourists who are from Africa before it was tightened either do not return and disappear or land in the NHS for treatment (I have a fair knowledge re this)

Having said that, I'm puzzled why he keeps being refused a tourist visa as the conditions are reset key easy to meet unless he can't demonstrate the means to support himself when here or to return him. Have a look here www.gov.uk/standard-visitor

He is getting refused because they don't believe he will return home as his partner and children are British. If he has had multiple refusals they may keep refusing unless circumstances change

OP - if you confirm roughly where in the country they are I can try to give you some local solicitor recommendations

WrappedLikeCandyInABlueBlueNeonGlow · 09/07/2022 20:20

There’s advice here on finding an immigration adviser, with a link to the Office of the Immigration Services Commissioner website. Try to find someone who specialises in immigration work, rather than a generalist without much experience of immigration cases.

Penfelyn · 09/07/2022 20:26

I have some experience of such matters though not for British visas but other countries.

My advice would be :

give up for this year. After 2-3 refusals it's unlikely to work
He needs to show that he has strong ties to home country. Does he have a stable, good paying job ? How long has he been working there ? Does he have written permission from his employer to go on vacation from x date to x date ? If he doesn't meet these criteria then he should work on it.
Try again next year and include a letter explaining what his situation is and what he is planning to do in the UK. If he owns property in his home country, I would include proof of that as well.

I'm not sure how british visas work but this is what would help his application for EU visas.

But if he doesn't intend to stay in the UK I'm not sure why you want advice on getting him a work visa ?

TheodoreMortlock · 09/07/2022 22:44

These situations are difficult. If he applies for a spouse visa he has to confirm he intends to live in the UK permanently, which he doesn't. And an unsuccessful spouse visa application will scupper any future visit visa application because the ECO will rely on it to say that he intends to stay.

He needs to get together as much evidence of his - and his family's - ties to their country as he can. It's not enough to show he is working, he needs to show that the whole family's life is there, children's schools, any employment, evidence of rent / mortgage / title deeds. He needs a good solicitor who will be able to write a shirty covering letter pointing out his positive previous immigration history, which is supposed to be taken into account. Try Wilsons, Kingsley Napley, Laura Devine, and Bindmans all of whom are exceptionally good.

vivainsomnia · 10/07/2022 15:08

Of course you can be British and not have a British passport. My ds has double nationalities but only one passport and that's the other country's.

Cervinia · 10/07/2022 15:18

The only way he could work would be on a work sponsored visa, student visa or on a spouse visa if he intends to come permanently. You mention the hope that he would like to come and go and maybe work when here. There is no visa for that, and if that is how he is presenting his case when applying for the visitor visa it’s little wonder he keeps getting rejected.

if he doesn’t have sufficient ties in his home country such as work, dependents etc then he may be being refused for this reason. How is he able to just come and go for periods long enough to want to pick up some work if he has ties in his home country?

www.citizensadvice.org.uk/immigration/getting-a-visa-for-family-and-friends-to-visit-the-uk

Original poster

Houseplantophile · 11/07/2022 05:51

GreenGoblin0 · 08/07/2022 19:15

Whereabouts in the UK is your sister living (for local recommendations)

Hi, thanks-
We're Sussex/Surrey area. 🙂

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Original poster

Houseplantophile · 11/07/2022 05:53

MarieG10 · 09/07/2022 17:59

@Houseplantophile
My comment wasn't intended as a slur on your BIL. The comment was more about why the immigration system is as it is. The reality being that a completely disproportionate number of tourists who are from Africa before it was tightened either do not return and disappear or land in the NHS for treatment (I have a fair knowledge re this)

Having said that, I'm puzzled why he keeps being refused a tourist visa as the conditions are reset key easy to meet unless he can't demonstrate the means to support himself when here or to return him. Have a look here www.gov.uk/standard-visitor

No worries, I understand.

He was denied a student visa a few years ago because his funds were not in his own bank account. A silly mistake but there were logistical reasons.

Now he's had a refusal I think he's flagged as a risk. 😬

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Original poster

Houseplantophile · 11/07/2022 06:01

TheodoreMortlock · 09/07/2022 22:44

These situations are difficult. If he applies for a spouse visa he has to confirm he intends to live in the UK permanently, which he doesn't. And an unsuccessful spouse visa application will scupper any future visit visa application because the ECO will rely on it to say that he intends to stay.

He needs to get together as much evidence of his - and his family's - ties to their country as he can. It's not enough to show he is working, he needs to show that the whole family's life is there, children's schools, any employment, evidence of rent / mortgage / title deeds. He needs a good solicitor who will be able to write a shirty covering letter pointing out his positive previous immigration history, which is supposed to be taken into account. Try Wilsons, Kingsley Napley, Laura Devine, and Bindmans all of whom are exceptionally good.

Thanks so much, really helpful!

My SIL would like to spend more time here. They've tended to come for six months in the past but her DH finds it difficult not working and contributing financially. He's very proud.

My understanding is that he'd rather not stay here for so long but understands the importance of family. He's also interested in a course he's seen here and feels it would be a good use of his time here, hence his application to study.

They do have their own home in Africa and it's good advice to emphasise their ties to home.

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Original poster

Houseplantophile · 11/07/2022 06:06

Cervinia · 10/07/2022 15:18

The only way he could work would be on a work sponsored visa, student visa or on a spouse visa if he intends to come permanently. You mention the hope that he would like to come and go and maybe work when here. There is no visa for that, and if that is how he is presenting his case when applying for the visitor visa it’s little wonder he keeps getting rejected.

if he doesn’t have sufficient ties in his home country such as work, dependents etc then he may be being refused for this reason. How is he able to just come and go for periods long enough to want to pick up some work if he has ties in his home country?

www.citizensadvice.org.uk/immigration/getting-a-visa-for-family-and-friends-to-visit-the-uk

His work structure is not like ours here and much of it is voluntary, being supported by others but they do their own house. He's very proud of his work and it's important to him to work.
He only visits for as long as he does because it makes financial sense to come for the max time allowed on his visa. He'd like to study and he'd like to earn a bit of money.

OP posts:

Original poster

Houseplantophile · 11/07/2022 06:08

Penfelyn · 09/07/2022 20:26

I have some experience of such matters though not for British visas but other countries.

My advice would be :

give up for this year. After 2-3 refusals it's unlikely to work
He needs to show that he has strong ties to home country. Does he have a stable, good paying job ? How long has he been working there ? Does he have written permission from his employer to go on vacation from x date to x date ? If he doesn't meet these criteria then he should work on it.
Try again next year and include a letter explaining what his situation is and what he is planning to do in the UK. If he owns property in his home country, I would include proof of that as well.

I'm not sure how british visas work but this is what would help his application for EU visas.

But if he doesn't intend to stay in the UK I'm not sure why you want advice on getting him a work visa ?

Thanks, this is really helpful!
I can see why this would all help add strength to this application.

OP posts:

Original poster

Houseplantophile · 11/07/2022 06:08

WrappedLikeCandyInABlueBlueNeonGlow · 09/07/2022 20:20

There’s advice here on finding an immigration adviser, with a link to the Office of the Immigration Services Commissioner website. Try to find someone who specialises in immigration work, rather than a generalist without much experience of immigration cases.

Thanks! I'll check it out. 🙂

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GreenGoblin0 · 12/07/2022 22:05

Hi OP as you are in Sussex /Surrey area then the London firms already suggested above would be a good start. There's also Turpin Miller in Oxford and Doyle Clayton who have an office in Reading as well as London.

The link to OISC advisers will mainly be firms of non-solicitor immigration advisers - some will be good but there are lots that aren't. The specific firms that the other poster has mentioned above as well as the ones I've mentioned are reputable firms of solicitors. Given all of the refusals they really need to get advice from a decent solicitor now

I'm a bit confused by what you are saying regarding his wish to study and work - you can't work on a visit visa and study is limited to short courses. He really needs advice before making any further visa applications.

Original poster

Houseplantophile · 13/07/2022 01:16

GreenGoblin0 · 12/07/2022 22:05

Hi OP as you are in Sussex /Surrey area then the London firms already suggested above would be a good start. There's also Turpin Miller in Oxford and Doyle Clayton who have an office in Reading as well as London.

The link to OISC advisers will mainly be firms of non-solicitor immigration advisers - some will be good but there are lots that aren't. The specific firms that the other poster has mentioned above as well as the ones I've mentioned are reputable firms of solicitors. Given all of the refusals they really need to get advice from a decent solicitor now

I'm a bit confused by what you are saying regarding his wish to study and work - you can't work on a visit visa and study is limited to short courses. He really needs advice before making any further visa applications.

Thanks so much!
I totally agree, professional advice is required! I suspect the previous refusals will now be counting against him.

Re the studying etc, It does all make sense in the full context but have tried to keep it brief! 🙂

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