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Yms Refusal.. Other Solutions?


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#1 km.aussie

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Posted 07 February 2010 - 04:44 PM

Hi,

I hope someone can advise me or offer a solution that I haven't though of. I'm an Australian citizen and I've been living and studying in Vienna, Austria since September 2009. I want to spend 6 months working in the UK, particularly as my partner is there completing an internship. I have applied twice now from the British Embassy in Vienna (which is sent to Warsaw, Poland for processing) and have been denied twice. The first time it was because my 'Maintenance' proof was a faxed letter from my bank in Australia stated everything required and a printed online bank statement, which they said was not acceptable. So I opened an Austrian bank account and had a letter from the bank with all required information and stamped by the bank, in English, and submitted this.. and was once again denied.

It was returned based on a clause which I had never seen in Immigration documents and was never mentioned to me in my many emails, phone calls and website searches of WorldBridge or the UK Border Agency. I am really upset that this was never brought to my attention, was not to be found anywhere on publicly available visa information websites and now my application has been refused because of it. As the Tier 5 Youth Mobility Scheme is only available for application outside the UK, I don't think it's possible anymore as my Austrian student visa is about to run out (17th February).

This is what the refusal notice said:
You have not provided the specified documents to support your claim of 10 points under Appendix C of the Immigration Rules. You have provided a letter from Bank Austria confirming that you hold the sum of 1950.50 euros. However, the rules state that these funds should have been held in your account for at least 3 months prior to you making your application. As the letter from Bank Austria does not confirm that the funds have not been held for a minimum of 3 months the letter is therefore not acceptable for consideration under the UK PBS T5 Youth Mobility Immigration Rules. You have not, therefore, scored 10 points under Appendix C and I refuse your application under paragraph 245ZK(d) of the immigration rules.'

Once more, after spending hours today searching in the Immigration rules for the clause referred to - and yet I still find nothing about it. This is what I found, and I was unable to find any more information relating to my reason for refusal. I just don't understand why it is not easily found on the UK Border Agency website, particularly if it is reason for refusal.

http://www.ukba.home...onrules/part6a/
http://www.ukba.home...ules/appendixc/


Furthermore, it is not listed on the basic guidance information websites of the Youth Mobility Scheme, nor the full guidelines available for download. Please see:
http://www.ukba.home...ce/maintenance/
http://www.ukba.home...ityguidance.pdf

This has caused me so much stress and upset.. particularly as I am from Australia and it's not like a flight to come back to the UK is cheap!!! I don't see why there is such a big problem with me getting this visa.. I never hear of anyone else having problems with it. Please, if someone can offer advice or help... Otherwise offer any other solutions for what I can do. I am still going to the UK on a tourist visa and would like to stay with my partner and other friends for a while, travel etc but having a job would be essential or else I would have to go home as I couldn't afford it. I'm a student and in Australia they generally don't give out many loans to students as we don't have the required income.


Please reply as soon as possible, as I mentioned I have limited time to organise what I will do next before my Austrian student visa expires. I would greatly appreciate your recommendations or assistance with this.. I have been distraught over how to complete my application correctly to ensure I would receive the visa the second time. Otherwise maybe you can offer some advice to me as to what step to take next - as I am aware it is not possible to apply for this visa category within the UK. I would be very grateful for your help...


Kristy.



#2 Manchester Legal Services

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Posted 07 February 2010 - 04:50 PM

Did you request the decision for administrative review at all?

#3 km.aussie

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Posted 07 February 2010 - 05:19 PM

Did you request the decision for administrative review at all?



Not yet, I received the refusal on Friday so have just been trying to contact Immigration advisors and get advice, also I was pretty upset when they gave it back to me so the UK Embassy in Vienna gave me the email address of Visa Services at the Embassy in Warsaw and I contacted them with a similar email to what I have posted on here.

I doubt I will have any useful response but if nothing happens from this I will try to do an Administrative review. I am leaving for the UK on Wednesday, do you know if I can organise this from there? Also I wasn't sure if the review would do much because if, somewhere there is such a clause that I didn't find, it would be pointless. But really, I searched for hours and as you can see in the links above it doesn't seem to exist. I'm just not sure if it would work or not..??

Also do you know if the Administrative Review was successful if they would be able to give me the visa while I was in the UK? I have been in the Schengen area since July last year on tourist and student visas, but I don't know if I can enter the area again for 3 months.

Thanks for your help.

Kristy.

#4 Manchester Legal Services

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Posted 07 February 2010 - 05:23 PM


Did you request the decision for administrative review at all?



Not yet, I received the refusal on Friday so have just been trying to contact Immigration advisors and get advice, also I was pretty upset when they gave it back to me so the UK Embassy in Vienna gave me the email address of Visa Services at the Embassy in Warsaw and I contacted them with a similar email to what I have posted on here.

I doubt I will have any useful response but if nothing happens from this I will try to do an Administrative review. I am leaving for the UK on Wednesday, do you know if I can organise this from there? Also I wasn't sure if the review would do much because if, somewhere there is such a clause that I didn't find, it would be pointless. But really, I searched for hours and as you can see in the links above it doesn't seem to exist. I'm just not sure if it would work or not..??

Also do you know if the Administrative Review was successful if they would be able to give me the visa while I was in the UK? I have been in the Schengen area since July last year on tourist and student visas, but I don't know if I can enter the area again for 3 months.

Thanks for your help.

Kristy.


You would have to submit your passport if your review was successful, also you have to send the notice for review to the post that issued you the refusal. You have a point that there is no information on the guidance or the website that requires the 3 months requirement and that it is stated on the UKVisas website for Tier 5 (temporary workers) and is not stated for YMS.

#5 Manchester Legal Services

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Posted 07 February 2010 - 05:25 PM


Did you request the decision for administrative review at all?



Not yet, I received the refusal on Friday so have just been trying to contact Immigration advisors and get advice, also I was pretty upset when they gave it back to me so the UK Embassy in Vienna gave me the email address of Visa Services at the Embassy in Warsaw and I contacted them with a similar email to what I have posted on here.

I doubt I will have any useful response but if nothing happens from this I will try to do an Administrative review. I am leaving for the UK on Wednesday, do you know if I can organise this from there? Also I wasn't sure if the review would do much because if, somewhere there is such a clause that I didn't find, it would be pointless. But really, I searched for hours and as you can see in the links above it doesn't seem to exist. I'm just not sure if it would work or not..??

Also do you know if the Administrative Review was successful if they would be able to give me the visa while I was in the UK? I have been in the Schengen area since July last year on tourist and student visas, but I don't know if I can enter the area again for 3 months.

Thanks for your help.

Kristy.


Ps. You cannot apply for administrative review if you are in the UK.

#6 km.aussie

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Posted 07 February 2010 - 05:35 PM

[/quote]

Ps. You cannot apply for administrative review if you are in the UK.
[/quote]


Ok, so I won't be able to do that at all then - I have to leave the Schengen area by the 17th of February when my Type D Short Stay Visa expires, and the Administrative Review takes about 28 days from the information I've been given.

So that's the only option then?

As far as what else I've read, the only other type of work visa category I could fit into is the Tier 2 (skilled workers visa), and I would have to find a company in the UK with a license, and who is set up to take migrants, and find a position that I am skilled for over any other person in the UK or with a working visa already..?

I am still a student so not exactly a 'highly-skilled' worker !!

#7 Manchester Legal Services

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Posted 07 February 2010 - 05:46 PM

[quote name='km.aussie' date='07 February 2010 - 05:35 PM' timestamp='1265564197' post='387527']
[/quote]

Ps. You cannot apply for administrative review if you are in the UK.
[/quote]


Ok, so I won't be able to do that at all then - I have to leave the Schengen area by the 17th of February when my Type D Short Stay Visa expires, and the Administrative Review takes about 28 days from the information I've been given.

So that's the only option then?

As far as what else I've read, the only other type of work visa category I could fit into is the Tier 2 (skilled workers visa), and I would have to find a company in the UK with a license, and who is set up to take migrants, and find a position that I am skilled for over any other person in the UK or with a working visa already..?

I am still a student so not exactly a 'highly-skilled' worker !!
[/quote]

Your partner, what nationality are they and what visa are they on in the UK?

#8 km.aussie

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Posted 07 February 2010 - 05:52 PM

[quote name='Manchester Legal Services' date='07 February 2010 - 06:46 PM' timestamp='1265564847' post='387528']
[quote name='km.aussie' date='07 February 2010 - 05:35 PM' timestamp='1265564197' post='387527']
[/quote]

Ps. You cannot apply for administrative review if you are in the UK.
[/quote]


Ok, so I won't be able to do that at all then - I have to leave the Schengen area by the 17th of February when my Type D Short Stay Visa expires, and the Administrative Review takes about 28 days from the information I've been given.

So that's the only option then?

As far as what else I've read, the only other type of work visa category I could fit into is the Tier 2 (skilled workers visa), and I would have to find a company in the UK with a license, and who is set up to take migrants, and find a position that I am skilled for over any other person in the UK or with a working visa already..?

I am still a student so not exactly a 'highly-skilled' worker !!
[/quote]

Your partner, what nationality are they and what visa are they on in the UK?
[/quote]



He's French and an EU citizen so doesn't need a visa.

#9 Manchester Legal Services

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Posted 07 February 2010 - 07:59 PM

[quote name='km.aussie' date='07 February 2010 - 05:52 PM' timestamp='1265565181' post='387531']
[quote name='Manchester Legal Services' date='07 February 2010 - 06:46 PM' timestamp='1265564847' post='387528']
[quote name='km.aussie' date='07 February 2010 - 05:35 PM' timestamp='1265564197' post='387527']
[/quote]

Ps. You cannot apply for administrative review if you are in the UK.
[/quote]


Ok, so I won't be able to do that at all then - I have to leave the Schengen area by the 17th of February when my Type D Short Stay Visa expires, and the Administrative Review takes about 28 days from the information I've been given.

So that's the only option then?

As far as what else I've read, the only other type of work visa category I could fit into is the Tier 2 (skilled workers visa), and I would have to find a company in the UK with a license, and who is set up to take migrants, and find a position that I am skilled for over any other person in the UK or with a working visa already..?

I am still a student so not exactly a 'highly-skilled' worker !!
[/quote]

Your partner, what nationality are they and what visa are they on in the UK?
[/quote]



He's French and an EU citizen so doesn't need a visa.
[/quote]

How long have you been in a relationship with him? Have you thought about an EEA family member application as an unmarried partner. You will have to prove that the relationship is durable though. See http://www.ukvisas.g...aswissnationals

#10 km.aussie

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Posted 07 February 2010 - 08:42 PM

[quote name='Manchester Legal Services' date='07 February 2010 - 08:59 PM' timestamp='1265572850' post='387568']
[quote name='km.aussie' date='07 February 2010 - 05:52 PM' timestamp='1265565181' post='387531']
[quote name='Manchester Legal Services' date='07 February 2010 - 06:46 PM' timestamp='1265564847' post='387528']
[quote name='km.aussie' date='07 February 2010 - 05:35 PM' timestamp='1265564197' post='387527']
[/quote]

Ps. You cannot apply for administrative review if you are in the UK.
[/quote]


Ok, so I won't be able to do that at all then - I have to leave the Schengen area by the 17th of February when my Type D Short Stay Visa expires, and the Administrative Review takes about 28 days from the information I've been given.

So that's the only option then?

As far as what else I've read, the only other type of work visa category I could fit into is the Tier 2 (skilled workers visa), and I would have to find a company in the UK with a license, and who is set up to take migrants, and find a position that I am skilled for over any other person in the UK or with a working visa already..?

I am still a student so not exactly a 'highly-skilled' worker !!
[/quote]

Your partner, what nationality are they and what visa are they on in the UK?
[/quote]



He's French and an EU citizen so doesn't need a visa.
[/quote]

How long have you been in a relationship with him? Have you thought about an EEA family member application as an unmarried partner. You will have to prove that the relationship is durable though. See http://www.ukvisas.g...aswissnationals
[/quote]


Actually I didn't know there was such a thing! I thought we had to be married. We have been together for a year and four months, not that long I realise but we are only young ourselves. I am 21 and he is 22.
He spent a year in Australia studying at my university and we left within a week of each other to come to Europe, however I have been studying in Vienna while he was completing studies in Paris. We have both travelled to see each other several times during this time, and have plenty of photographic evidence to show us both in all of these places. I can prove also that I studied a French language course here in Vienna, which should indicate that it is durable also. We can easily obtain testimonials from friends, family, and others stating that our relationship is genuine and any other information required. I guess also I could provide bank statements that show we have shared money between us, i.e. loaned each other money before. Do you know how much evidence or what type would be considered to prove a 'durable relationship'?
Also he is in the process of renting an apartment in the UK which will have both our names on the lease agreement.

However I still have the problem that I have only 7 more working days until my Austrian visa runs out.. To apply for this EEA Family Permit would I have to apply somewhere I have been living.. or could I for example enter the UK on a tourist visa (or just enter as an Australian which I don't need a visa for.. up to 6 months as I have seen), and then travel to another country i.e. Norway (because it is not in the Schengen area but is an EEA country), and apply for it there?




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