# appealing visitor visa refusal question



## Detroit Gal (Feb 11, 2012)

Hi All,

Does anyone have any advice for those appealing a visitor visa refusal?

I don't have the exact reason why I was refused until the package arrives tomorrow, but I was wondering what past experience has been for folks doing it themselves vs. hiring an immigration lawyer to handle the appeal.

As to the circumstances surrounding my application:
I am a US Citizen who applied for a 6 month General Visitor Visa Application to visit my British boyfriend. Other than the fact that I am unemployed (I work in film/tv production & was using this break between jobs to have an extended visit until the next job popped up instead of the usual one week excursion), I thought I had a very good application put together -- a 1 1/2" binder clearly organized with tabs & lots of supporting documents. The only red flag in my past was that I was just refused entry into the country at the airport on Jan 21st. At that time, I was not fully prepared for the kinds of questions & documents that Border Control asks for from those going on extended holidays. I was advised by my Immigration Officer to not try to re-enter the country on my own but to apply for a visitor visa first to strengthen my legitimacy & guarantee entry (though a visitor visa is generally not required for trips under 6 months).

Any advice for someone starting an appeal?


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## Detroit Gal (Feb 11, 2012)

My refusal was based on the grounds that the ECO was not satisified that my ties to the US were sufficient for me to return at the end of my trip. 

Since my application, I have received a job offer for late summer/early fall. In addition to using a proof of employment letter as well as itineraries from frequent trips to visit my sister here in the US, are there any additional items that I should include in my appeal?

While I provided a letter of sponsorship, employment contract & pay slips from my boyfriend & sponsor, should I include his recent bank statements as well?

Thanks for any & all suggestions.


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## Joppa (Sep 7, 2009)

Detroit Gal said:


> My refusal was based on the grounds that the ECO was not satisified that my ties to the US were sufficient for me to return at the end of my trip.
> 
> Since my application, I have received a job offer for late summer/early fall. In addition to using a proof of employment letter as well as itineraries from frequent trips to visit my sister here in the US, are there any additional items that I should include in my appeal?
> 
> ...


Other ties in US such as property rental, family (do you look after or visit sick relative?) and work. Get a letter from your prospective employer stating the start date of your work contract. Plus return ticket.


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## Detroit Gal (Feb 11, 2012)

Also, my refusal letter states that my right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration & Asylum Act of 2002.

Upon looking up this reference, it seems to me that I am not allowed to appeal? Should I just reapply for a visitor visa with the additional evidence? I am concerned since now I have two black marks in my passport & with the immigration system.


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## CARLOSDURAN (Nov 6, 2011)

Detroit Gal said:


> Also, my refusal letter states that my right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration & Asylum Act of 2002.
> 
> Upon looking up this reference, it seems to me that I am not allowed to appeal? Should I just reapply for a visitor visa with the additional evidence? I am concerned since now I have two black marks in my passport & with the immigration system.


Hi, Detroit

You would have to be more specific about the docs provided to try to figure out what the problem might be.
Otherwise, I suppose it will be better to hire an UK immigration lawyer to get to the root of the problem. 

Good luck,
Carlos.


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## Detroit Gal (Feb 11, 2012)

CARLOSDURAN said:


> Hi, Detroit
> 
> You would have to be more specific about the docs provided to try to figure out what the problem might be.
> Otherwise, I suppose it will be better to hire an UK immigration lawyer to get to the root of the problem.
> ...


For my supporting documents I included:
-Pay Slips from last job
-Proof of current union membership
-Proof of union health care plan
-proof of union retirement plan
-list of relatives
-credit card bill (with home address)
-most current tax return
-bank statements (6 mos worth)
-Resume
-imdb page (complete list of work)
-letter of support (from dad)
-emails, pictures, phone bills
-past travel itineraries
-proposed travel itinerary & list of intended sightseeing

For my sponsor's supporting documents:
-copies of passport stamps from past trips
-pictures & phone bill
-employment contract
-recent pay slips
-accommodation details (brochure on flat & title deed)
-CV & imdb page 
-proposed list of activities
-letter of invitation which included info that he would pay for all accommodation & travel costs in uk, including staying in his flat


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## manny.j (Dec 4, 2011)

Detroit Gal said:


> For my supporting documents I included:
> -Pay Slips from last job
> -Proof of current union membership
> -Proof of union health care plan
> ...


Your list looks very comprehensive. I also suggest write a separate cover-letter (from you) mention about your refusal together with the reason of refusal. And then in the letter you state how you are correcting the reason of refusal which you are doing so with all the in-depth evidence you are providing in your application. Also add a sentence stating you are submitting this application hoping you have provide all the documents however if there is something that they are not satisfied with then contact you immediately and so you get an opportunity to fulfill this requirement.


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## Crawford (Jan 23, 2011)

Looking at the list of documents from a 'suspicious POE official' point of view:-

Here is someone who has an employment offer for late summer/fall (6 months away? this could fall through), who has accommodation and all expenses being paid by boyfriend for 6 months, and who works in the Film/TV production field which tends to work on a contract to contract basis, taking on people as needed.

I still don't see how the list of documents proves any further ties to the US - in fact I think they show a very definite tie to the UK (living with boyfriend for 6 months is no casual arrangement) with the potential of remaining after 6 months.

Return ticket??


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## Detroit Gal (Feb 11, 2012)

Those supporting documents were from my original application. I included as well a cover letter, my proposed itinerary & return ticket for 5 months.

Some of the new documents I had for the new application:
-proof of employment letter (the tv series i worked on was renewed for another season, so my contract was renewed)
-US voters registration card
-current union membership card
-availability list from my union with my name on it, showing that i've been on the available to work list
-past travel itineraries to visit my out-of-state sister (I made 4 trips in the past year to be there for the birth of her 1st child, birth of her 2nd child, a 1st birthday, & another family visit)
-letter of financial support from US relative & bank statement
-letter of support from past US employer

Is there anything else you think would help or hinder my new application?

Thank you for all those offering help & guidance through this.


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## CARLOSDURAN (Nov 6, 2011)

Hi Detroit

Originally Posted by Detroit Gal 
My refusal was based on the grounds that the ECO was not satisified that my ties to the US were sufficient for me to return at the end of my trip.

After reading the list of documents provided, I still don’t see “that tie” to the US.

Important information:
1.	You’re unemployed
2.	You’re planning a five-month trip to the UK
3.	Your boyfriend is paying the expenses of your trip.

Questions:
1.	Do you rent a place in the US?
2.	Do you have some savings?
3.	Have you been in the UK visiting your boyfriend before? How long? How many times?
4.	Does the employment letter clearly state when you’re starting to work again?


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## Liz in UK (Jul 31, 2011)

They want to see ties to the US, which you have, but they seem to think that it isn't strong enough. Do you have a mortgage, or a lease agreement? Obviously you would be leaving for 6 months if they approve the visa, so maybe you are subletting your place? Right now they see that you have some family, but your sister lives out of state, so you wouldn't see her that often and therefore isn't much of a tie. Working in the entertainment industry and having a job offer is good, but like someone else said, sometimes they pull funding and your contract falls through. They see that you have no property, so nothing to go back to. And by submitting your resume and body of work, you're showing them that there are potentially things you could do for work in the UK, which won't make them happy on a tourist visa application. Perhaps a cover letter stating that at this time your intention is to spend the 6 months seeing the country, vacationing, and visiting your boyfriend to see if this really is a durable relationship. At the end of the six months you will be returning to the US to advance your career in the US and when the time comes, you and your boyfriend will apply for the appropriate visa and you have every intention of only coming to the UK legally.

I came to the UK on a six month visa waiver/tourist visa in 2009. I was allowed into the country, but only after about an hour of questioning. But I was very careful not to bring anything that might be interpreted as having the intention to work. I did not bring a cv or my acting resume. And though I was unemployed, I put actress as my occupation. When questioned about it, I said that when I returned to the US I would be pursuing my career in acting and would not be working in the UK. (It probably helped that my boyfriend lived in Somerset and not London. Not a whole lot of opportunity for actors in the farm lands.) I don't own property, but I had offers from both my mother and my father to give me some money should I need it, which shows I have strong ties to my family. I also had a travel insurance policy valid for 6 months and a return ticket. I wish you good luck!


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## Detroit Gal (Feb 11, 2012)

CARLOSDURAN said:


> Hi Detroit
> 
> Originally Posted by Detroit Gal
> My refusal was based on the grounds that the ECO was not satisified that my ties to the US were sufficient for me to return at the end of my trip.
> ...


-While working I either sublet or the production pays for my rent, so I do not have a rental contract at this time. My home base is my family home, so no rental agreement there either.
-I have approx $3000 in savings
-I've visited my boyfriend in the UK twice for 1 week each time & in Spain for 3 weeks.
-My employment letter states the current expected date back at work. Should I have an email as well from my boss stating this as well?


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## Detroit Gal (Feb 11, 2012)

Liz in UK said:


> They want to see ties to the US, which you have, but they seem to think that it isn't strong enough. Do you have a mortgage, or a lease agreement? Obviously you would be leaving for 6 months if they approve the visa, so maybe you are subletting your place? Right now they see that you have some family, but your sister lives out of state, so you wouldn't see her that often and therefore isn't much of a tie. Working in the entertainment industry and having a job offer is good, but like someone else said, sometimes they pull funding and your contract falls through. They see that you have no property, so nothing to go back to. And by submitting your resume and body of work, you're showing them that there are potentially things you could do for work in the UK, which won't make them happy on a tourist visa application. Perhaps a cover letter stating that at this time your intention is to spend the 6 months seeing the country, vacationing, and visiting your boyfriend to see if this really is a durable relationship. At the end of the six months you will be returning to the US to advance your career in the US and when the time comes, you and your boyfriend will apply for the appropriate visa and you have every intention of only coming to the UK legally.
> 
> 
> I came to the UK on a six month visa waiver/tourist visa in 2009. I was allowed into the country, but only after about an hour of questioning. But I was very careful not to bring anything that might be interpreted as having the intention to work. I did not bring a cv or my acting resume. And though I was unemployed, I put actress as my occupation. When questioned about it, I said that when I returned to the US I would be pursuing my career in acting and would not be working in the UK. (It probably helped that my boyfriend lived in Somerset and not London. Not a whole lot of opportunity for actors in the farm lands.) I don't own property, but I had offers from both my mother and my father to give me some money should I need it, which shows I have strong ties to my family. I also had a travel insurance policy valid for 6 months and a return ticket. I wish you good luck!


Thank you for your input, I appreciate it. I didn't even think that including my resume would be a bad thing, I had thought it showed my career & ties are in the US. Oops. 

Should I just submit my new application with a shorter time line (say a 2 month visa request) and additional documents? I don't want to jeopardize my ability to visit my boyfriend now or in the future, and I stated as much on my past application & will be more clear on the future one. Thanks again!


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## Liz in UK (Jul 31, 2011)

Detroit Gal said:


> Thank you for your input, I appreciate it. I didn't even think that including my resume would be a bad thing, I had thought it showed my career & ties are in the US. Oops.
> 
> Should I just submit my new application with a shorter time line (say a 2 month visa request) and additional documents? I don't want to jeopardize my ability to visit my boyfriend now or in the future, and I stated as much on my past application & will be more clear on the future one. Thanks again!


I honestly don't know if including it was a good or bad thing. Your reasoning makes sense, but it's hard to tell how immigration officers think. I don't know what you should do. It's a very hard situation, and I wish you the best of luck.


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## Crawford (Jan 23, 2011)

Detroit Gal said:


> Thank you for your input, I appreciate it. I didn't even think that including my resume would be a bad thing, I had thought it showed my career & ties are in the US. Oops.
> 
> Should I just submit my new application with a shorter time line (say a 2 month visa request) and additional documents? I don't want to jeopardize my ability to visit my boyfriend now or in the future, and I stated as much on my past application & will be more clear on the future one. Thanks again!


Yes, I would reduce the amount of time being spent in the UK, do not include your resume in your documentation and maybe, instead of spending all your time in your boyfriend's flat having some hotel reservations. 

That would look more like 'vacation' rather than 'living' in the UK.

Good luck.


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## Joppa (Sep 7, 2009)

I feel in view of your recent negative immigration history, applying for another UK tourist visa is probably not a good idea - there's a chance of another refusal and even more black mark, which will seriously jeopardise your long-term plan to be with your boyfriend in marriage or partnership.

I'd say you should try to holiday together in continental Europe, to build up your history of personal meetings which will help with your future settlement plan. Just bypass UK and fly straight to Paris, for example, and arrange a rendezvous with your boyfriend flying in from UK.

And get your boyfriend to meet you in US - he can stay 3 months on ESTA/visa waiver. Keep all receipts, boarding passes and take lots of photos - they will all come in useful in the future.


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