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Here's the situation. My friend applied for a UK tourism visa stating that she would be visiting the UK for 2 weeks (It's written in the visa that she could stay up to 180 days) and granted but she ended up staying for 5 months (150 days). And the visa was valid for 6 months

During the 5 months she traveled a lot in the UK, Wales and Scotland. She stayed with friends so she didn't have to pay for the accommodation. So, she thought it would be ok which the immigration didn't say anything when she went back. She's Thai national.

Now she wanted to come back so she applied for the visa again and got rejected, UK Border gave the reason that they didn't believe she would be coming for tourism again because she stayed for 5 months already. And she applied again because she wanted to come here for vacation during Christmas and got rejected again with the same reason. Now, she wanted to apply again for the third time and she's not sure of what more documentation she needs to provide for UK Border to believe that she will come here for vacation and nothing else. For that last two rejections she also showed return tickets.

Not sure if anyone has seen this kind of case before and how to resolve it?

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    maybe she should realise that no's no... She overstayed her visa (which probably listed a 2 week stay during a 6 month period, not a 6 month stay...), and now they won't give her another because they think she's going to do it again, or not leave at all. It's a typical MO for fake marriage scams for example. Get in on a visa like that, get married, apply for a residence permit, and divorce the moment that's granted.
    – jwenting
    Oct 15, 2013 at 6:07
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    actually, she didn't overstayed. The visa said she can stay for 180 days which she stayed for 150 days.
    – toy
    Oct 15, 2013 at 8:31
  • I think the question is a bit misleading. I'll edit it again.
    – toy
    Oct 15, 2013 at 8:36
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    At this point, I think the only thing that can get her some credibility would be something like a court order to appear in a lawsuit at home a few days after her stated return, and then only if it's in a country with which the UK has an extradition treaty. Or wait several years. As is, she seems desperate to get into the UK, and given her past history with visa problems there's next to nothing that will allay the suspicions that she's trying to stay.
    – jwenting
    Oct 15, 2013 at 10:24
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    I think the immigration suspected that she were working illegaly in UK for 5 months, and try to prevent her to do it again this time. Note that during application of UK Visa, you can also include assurance (invitation) letter from UK resident. Ask her UK friends to provide this and include it in the appeal form.
    – Rudy Gunawan
    Oct 16, 2013 at 10:33

2 Answers 2

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(Adding new answer 21 Oct 2014)

It is not possible to appeal the refusal of a UK visitor visa. If you read their determination letter, it will state this outright.

The refusal of a UK Visitor Visa does NOT attract appeal rights. This option was removed from the books in 1991. Last year the right of appeal for family visitors was turned off, and there is currently no UK visa issued for 6 months or less that attracts right of appeal.

Also, in the intervening time since posting this question and now, they are entitled to refuse a visitor visa if it looks like the applicant is building up a private life in the UK, and a previous visit of 5 months is a justifiable indicator that the applicant has a private life, or is building up a private life in the UK. ESPECIALLY if there is no performance history in other countries.

It is possible, however, that continuous refusals for a long time can permit the applicant to bring a Perversity Judicial Review. These are complex and require management by a qualified UK solicitor.

As always, the best way to correct multiple refusals is to build up a substantial history of performance.

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    History of performance means traveling to other first world countries on tourist visa and honouring the conditions and thus returning back as promised?
    – DavChana
    Jun 22, 2016 at 10:56
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An appeal would only be successful if she is able to give a really good reason for over staying, maybe also explaining that she didn't understand how the VISA worked since it said that it was good for 180 days and she did follow that.

If not, then I think (unfortunately), you are out of luck for the time being. About the only thing you can legally do is write your representatives in Parliament and participate in activism to try to change laws regarding VISAs and borders. If the UK were to join the Schengen Area then it would be much easier for her to visit, for example.

Otherwise, your best bet would be to just meet her in Paris or Brussels - a nearby city outside of the UK that she would probably not have a problem visiting.

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