Visa: Visit or Fiancee? [Archive]

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FilOz

6th April 2009, 12:19

I got my visa refusal today and first I just want to rant, so I apologize in advance and I would completely understand if you want to skip over the negative comments, so consider yourself warned that this post might bore and/or ruin your day with its lack of optimism. :Bricks:

Anyway, to give you a background, I am a Filipina working in Darwin, Australia as an IT Engineer. I met my boyfriend, a British national, in 2007 when we were both working in Singapore. We've been in a long distance relationship for over a year now, then last year he's finally decided to live with me in Australia this coming June...otherwise I would've sacrificed the laid-back lifestyle, and the warm, sunny weather just to be with him.

Since he's making the big move, we thought it might be a good idea for me to come over for a month, meet his family and friends so that they'll get their assurance that it's actually a lovely girl, not a witch, who's taking him away to the land of Oz...

And then the nightmare starts.

I apply online for the visit visa, flew all the way to Brisbane for my biometrics (since there's no embassy here in Darwin), and then sent the following documents:

- Letter from employer stating approved leave and that I'll be reemployed on my return
- Payslips
- Credit Card statement
- Plane tickets/flight itinerary

- Letter of invitation from boyfriend
- Boyfriend's credit card statement
- Photocopy of boyfriend's passport

I finally get the decision, after much worrying and incurring some serious expenses, just a few days before the trip - and it's a flat out REFUSAL due to the following reasons:

- Boyfriend refers to me as "partner" in the letter (my boyfriend used the word "partner" to imply that we are in a more serious relationship than the term "boyfriend" would) and yet there's no explanation as to why we choose to live in different countries and what our plans are for the future. >> boyfriend spats out that it's none of their business. Although I can't help but agree with him, I honestly had no idea that a simple visit visa would require this much detail in our relationship...they're even worse than a dad asking about someone's true intentions towards their daughter! :doh And why couldn't they have picked up the phone to ask me that?

- (A) Letter from employer states that I have worked for them since July 2007 when my Australian work visa was only issued in June 2008; and (B ) I did not arrive in Australia until December 2008 >> I have to admit that it was my mistake and that I should've watched out for these typical HR errors, but is it too much to expect that the clearance officer would have the common sense to realize that this would've been just a typo? Couldn't they have called my employer, which is a publicly-listed company to boot? I guess if they had much sense they would've also realized that the entry stamp they found in December 2008 was from a holiday I took then....and if they looked in the other pages they would've seen the June 2008 stamp as well.. :CompBuster:

- Not enough evidence of funds - not satisfied that I'll be able to maintain and accommodate myself without recourse to public funds or taking employment - my pay slips show an income of over AUD60k plus allowances and overtime, plus a seven grand of available credit limit, which I would've thought was enough to cover a month in the UK even if I had to split my boyfriend's rent. On top of that, even if I do NOT need it, my boyfriend also offered his financial support. Is living in the UK so expensive that I need more money than this? Plus, I think the UK wouldn't be so unlucky to have me in its workforce if I did have to resort to "taking employment". ;-)

I know it wasn't the perfect visa application and I admit that there are some inconsistencies, but nothing that could not have been cleared up by a simple phone call. It just feels like they've made their decision carelessly, that I have been stereotyped and that they've made up their minds the moment they've looked at my passport/nationality, and the reasons they've stated were an attempt to spot the most trivial inconsistencies that could warrant their refusal. It just saddens me that while I understand that abuse of this type of visa is commonplace in the UK Embassy in the Philippines, I guess I have hoped, in vain, that they would view me as an independent and self-sufficient professional here in Australia.

My regrets are:

That I should've sent them a very detailed essay about me and my boyfriend's love story explaining what the hell we're doing in a long distance relationship (something we have trouble answering ourselves) and that he's coming to live here...along with a few excerpts from Shakespeare's works...
I should've also included an essay about how Australia is the land of my dreams and I would never trade the crocodiles and kangaroos for rain and freezing weather (no offense to anyone - I'm just not built for to last anything other than a tropical climate)
That I should've allowed my American stepdad to adopt me so I wouldn't even NEED a visa to go anywhere (well, almost anywhere)
That I didn't feel so patriotic and should've stayed in the US long enough to get my citizenship - again, so I wouldn't be in this mess
That my mom should've given birth to me in American soil - or any other soil other than the infamous (but very beautiful) country called the Philippine Islands
That I should've come across this forum sooner. :Hellooo: I found a thread about how everyone suggested that a fiancee visa would've been a better option...in a case very similar to mine.

So should I apply for another visit visa or would I have better chances to apply for the fiancee visa? Even though I don't plan to live there anyway? I'm just concerned that if - by some miracle!! - I get granted a fiancee visa but we don't get married, this might cause problems if I plan to visit again...

:Help1: ?

Thanks in advance!

IainBusby

6th April 2009, 13:55

(A) Letter from employer states that I have worked for them since July 2007 when my Australian work visa was only issued in June 2008; and (B ) I did not arrive in Australia until December 2008

If I were you, I would appeal and in doing so, counter each of their reasons for refusal in detail as you have done on this forum. Once the ECO in Brisbane looks at your reasons for appealing and the replies you have given to each of his reasons for refusal, they may decide to grant your visa without it actually going to appeal. After they look at the whole thing again, they will make a judgement about the likelihood of your appeal succeeding and if they think they're on a loser, then they will grant the visa rather than let it go to appeal and lose.

I think the issue which will be the most problematic is the employment history as they obviously see this as you telling them lies, or even worse, some sort of falsifying of evidence, rather than a simple HR cockup, so I think you should try to get some support on this issue from your employer.

Iain.

Mrs.JMajor

6th April 2009, 14:48

There is another page there,if i am not wrong stating you can appeal,just try to appeal first,

yeah,youre right too late to find this site for you to have luck,most of the members got the visa POSITIVE (most) all the time :xxgrinning--00xx3:

Florge

6th April 2009, 15:48

infamous.... hmmmm...... hmmmmm.... hmmmmm..... zzzzzzzzz.....

georyz

6th April 2009, 16:47

try to appeal and show your bank statement (SAVINGS or current account) not credit card statement to show you have enough funds to support yourself. about your employment history error get a letter from your employer explaining the error in the letter you submit to them maybe signed by the HR head and the Manager and furnish a copy of your contract of employment. Supply more evidence like proof of your relationship such as pictures, emails, chats and also photocopy of your bf's passport showing you have seen each other.

Goodluck!

joebloggs

6th April 2009, 21:12

did they give you a right to appeal ?

i doubt the embassy would phone you or anyone to check the details on your app, they will base their decision on the evidence you supplied, and as you said you made a typo, and dates are one thing they will check, and advice to anyone who applies for a visa, check it again and again. :NoNo:

FilOz

7th April 2009, 04:35

Thanks for all your replies! I do admit that I was at fault for not having been able to spot that HR letter typo, and would have understood completely had they have rejected the refusal based on that and the lack of financial documents. I just do not feel that it was fair for them to have listed several other apparent errors which just feels to me like they have not given my application enough consideration to have at least checked the other pages on my passport for other entry stamps.

Maybe all rejected visa applicants feel this way, but I can't help but feel that the decision was carelessly made and that they have made the assumptions based on my nationality. I have lived and visited several countries including Australia, the US, and Singapore, as evidenced in my passport and specified in my application, and I have no record of having illegally extended my stay. They have made it clear on their decision that they think I am "not genuinely seeking entry as a general visitor for the limited period" as stated by me.

They have stated in the Refusal of Entry Clearance letter that my "right to appeal is limited to any or all of the grounds" as follows:

b) the decision is unlawful by virtue of secion 19B of the Race Relations Act 1976 (c. 74)
c) that the decision is unlawful under section 6 of the Human Rights Act 1998

I'm sure that C would not be an option here, so that leaves me with B. I'm a little hesitant to cite B (discrimination by public authorities) as grounds for an appeal, as I'm not sure how serious this would become. I certainly wouldn't want to spite the authorities and get banned from any future applications, if that's even possible...

Again, I wish I had known of this forum sooner; I would greatly value your advice on whether or not I should proceed with an appeal.

joebloggs

7th April 2009, 06:45

looks to me, if you appeal it will be refused.

the other minor reasons for refusal are mentioned just to backup the main reason for the refusal.

rob legend

7th April 2009, 16:38

Do not be too bothered about visiting the UK. It is a wretched little island with a poor climate and very expensive also.
Yes it would have been nice for you to have seen first hand the once Great britain that your partner is wanting to escape from from but rest assured, you are far better off in Australia.
and me? Well i plan on moving to the Philippines soon

Mrs.JMajor

7th April 2009, 18:09

FilOz

10th April 2009, 17:36

Thank you for your responses! :)

Particularly to Iain and georyz and Mrs.JMajor- we've taken your advice and decided to appeal (guess I got my optimism back). Here's to hoping that no matter the outcome, some good will come out of this even if it's just to warn people not to make the same mistake.

Rob - I've already been, but that was ages ago, and from what I can remember, it's a fantastic place (loved the gardens and castles); however, you're right - Australia's the place for me. I love the beach too much - even the crocodile-infested ones! :Rasp: Anyway, good luck on your move to the Philies!

Mrs.JMajor

10th April 2009, 22:48