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Yms Refusal.. Other Solutions?


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#11 Manchester Legal Services

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Posted 07 February 2010 - 08:54 PM

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?


The relationship should be for at least 2 years though. Read http://www.ukba.home...pdf?view=Binary



#12 km.aussie

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Posted 07 February 2010 - 09:15 PM

I can see from the Immigration rules that we aren't included in the 'Unmarried couple' category because we haven't been together for over 2 years, and we weren't living together the entire time.
But what if we were to get engaged? Once again I don't know how that would be proven.. but from what I read it seems like there is no length requirement on the relationship then..?

#13 km.aussie

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Posted 07 February 2010 - 09:17 PM

I appreciate your help with this more than you know, Immigration law and all these requirements and restrictions has been doing my head in, and I'm never quite sure if I have understood it correctly. It really helps me to have a knowledgeable person with experience to help me figure this out, so thank you from both of us. :)

#14 Manchester Legal Services

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Posted 07 February 2010 - 09:20 PM

I can see from the Immigration rules that we aren't included in the 'Unmarried couple' category because we haven't been together for over 2 years, and we weren't living together the entire time.
But what if we were to get engaged? Once again I don't know how that would be proven.. but from what I read it seems like there is no length requirement on the relationship then..?


For EEA family permits, a fiance would be classed as an unmarried partner. Civil partners and spouses would be classed as direct family members and no time of relationship is required for this.

#15 km.aussie

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Posted 07 February 2010 - 09:21 PM

Sorry never mind, looks like the 'fiance' thing also has the restriction that I couldn't work there.

Back to square 1.

#16 km.aussie

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Posted 07 February 2010 - 10:59 PM

Do you think I will have problems entering the UK now even just as a tourist? Of course I will return home as soon as I can't afford to stay any longer, but with two denied working visa applications I am worried they won't even let me enter..!

The Australian Government's Department of Foreign Affairs and Trade have this on their website:
'The British Government administers a very strict entry regime and you are likely to be refused entry upon arrival if you fail to comply with visa requirements or if you are suspected of intending to work in the UK but are entering as a tourist. ....
Australian travellers refused entry into the United Kingdom may be required to return to Australia.'

Just wondering if you know if this happens often or if I should be prepared!!

#17 sah10406

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Posted 07 February 2010 - 11:27 PM

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.'

There is no such requirement. The Tier 5 YMS policy guidance confirms (para 51) that "The funds requirement for YMS is £1600 for which 10 points will be awarded. This amount must be held in the applicant's personal bank account on the date of the application for entry clearance."

I would have advised you request an administrative review, and that it would be likely to succeed, but it doesn't appear you have enough time for that now. You may need to apply again in Australia.


#18 km.aussie

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Posted 07 February 2010 - 11:46 PM


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.'

There is no such requirement. The Tier 5 YMS policy guidance confirms (para 51) that "The funds requirement for YMS is 1600 for which 10 points will be awarded. This amount must be held in the applicant's personal bank account on the date of the application for entry clearance."

I would have advised you request an administrative review, and that it would be likely to succeed, but it doesn't appear you have enough time for that now. You may need to apply again in Australia.



Damn it I knew that couldn't be right!! That is incredibly unfortunate for me. Here's hoping they even let me in now that I have two failed visa attempts. Great!

But thanks for your help guys.

#19 Manchester Legal Services

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Posted 08 February 2010 - 12:19 AM

Damn it I knew that couldn't be right!! That is incredibly unfortunate for me. Here's hoping they even let me in now that I have two failed visa attempts. Great!

But thanks for your help guys.


Good luck :)

#20 km.aussie

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Posted 08 February 2010 - 01:29 PM

As I mentioned I had emailed the British Embassy in Warsaw explaining the situation and that I couldn't find such a reason for refusal anywhere... I didn't think it would make a difference and that they would say I still had to do an Administrative Review but they emailed to say we're very sorry, we made a mistake and they will give you the visa after all and have it fast -tracked!! I am so, so relieved.

This was the last thing I expected! Just wanted to say thank you to all of you for offering your advice, this whole process has been so stressful for me and this past weekend an absolute nightmare trying to figure out what I would do.. and this is the first time people have offered me advice or support - none of my friends or family have knowledge in this area so thanks so much!!! I am very, very grateful and wish you all a fantastic week. :)

Kristy.




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