Post
by pankaj21k » Sat Jun 07, 2014 12:03 am
Dear Experts!
I am on a Tier-2 ICT Visa valid till Jan 2016. My mother applied for a 6 month visitor visa but the same has been rejected. She was granted the visitor visa last year but we had mentioned that she is planning for a week's stay in a hotel. In the end she ended up staying for 5 months but well within the visa expiry period. The immigration officer has rejected the visa on this ground saying that although you mentioned a week's stay but stayed for 5 months and have not provided any explanation in the current application for the extended stay. So this time he is not confident that she would not stay beyond the one month time period that is mentioned in the application.
Below were his further comments:
Now just six months later you state that you wish to visit again for a further month in order to visit historical sites and sample British cuisine. Given your previous travel history, I do not find those statements credible
Furthermore, given the disparity between your stated intentions and subsequent actions, I have caused to doubt your intentions. I am not satisfied that you have provided a full and frank account of your intentions or the intended duration of your visit.
Given the above, I am not satisfied that your intentions are as you have stated or that you intend to leave the UK on the completion of your proposed one month. Therefore I am not satisfied that you meet the requirements of Paragraph 41 (i) and (ii)
Your right to appeal is limited to the grounds referred to in section 84 (1)(b)(c) of the Nationality Immigration and Asylum Act 2002.
Given the above comments, is it worthwhile making an appeal since sec b and c relate to unlawful decision by virtue of race relations act or under human rights act respectively.
If I do appeal or apply fresh again, how do I justify the earlier extended stay since although she has not overstayed beyond the visa expiry, it is still longer than what was stated. Also this time, I would ideally like to bring my mum for 5 months again so would mentioning that harm my chances further since before rejection I had mentioned only a month. The reason she had an extended stay earlier was because we weren't sure how long would she would want to remain in the UK and thought its better to show a lesser duration rather than extended since extended duration might lead to extra scrutiny of accommodation, financials etc.
Apologies for the really long post but I had to mention all these in detail for you to get a good understanding. So in a gist my two questions would be - Is it worth appealing? If I do appeal/apply again, how do I ensure that it doesn't get rejected again for the same reason?
Thanks in advance!