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Refused General Visitor Visa Application

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squalliram
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Refused General Visitor Visa Application

Post by squalliram » Tue Oct 07, 2014 10:45 am

Hello,

I am currently in a confused and a critical situation at the moment. I would like to invite my in laws (father, mother, brother and sister) to the UK to visit me and my wife. They have just recently applied for a general visitor visa and got all 4 applications rejected due to a bank statement issue. I would like to know what I should do in this scenario.

1) I am on a Tier-2 General visa and my wife is a Tier-2 dependant. In order for them to apply as a family, should they reapply as a general visitor? Because the rules have recently changed for family visitor visa category i.e. only settled can sponsor their family. But if I have to sponsor my in-laws.. do I have to send all my documents as well in order to show my current employment, tenancy, bank statement, payslips (6 months) and current residence permit?

2) Secondly the reason for visa refusal was due to a big lump sum amount that got recently transferred to my father-in laws account and he took the bank statement and transferred it back to who it got it transferred from. Now I know that is wrong, but he took it because its his own money that someone owed him about a year back and transferred it to his account recently.

Could someone help me out in this situation please?

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Re: Refused General Visitor Visa Application

Post by ban.s » Tue Oct 07, 2014 11:38 am

1. If you sponsor their entire visit including accommodation and cost of stay (food, expenditure etc) then you have to provide all supporting documents.
2. They need to re apply addressing the reason for refusal.

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squalliram
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Re: Refused General Visitor Visa Application

Post by squalliram » Tue Oct 07, 2014 11:44 am

ban.s wrote:1. If you sponsor their entire visit including accommodation and cost of stay (food, expenditure etc) then you have to provide all supporting documents.
2. They need to re apply addressing the reason for refusal.
1. Supporting documents include the ones I mentioned right? Does there need to be an amount above which I should have in my account to take a bank statement? (It'll be six people : me, my wife and 4 family members)

2. For the reason for refusal, would showing a letter from the person who transferred the money be ok as a proof that the money was transferred because he owed my father-in-law and he is now providing that money to my father-in-law as a travellers cheque? I know I need to attach the travellers cheque in this case but his bank statement is now having a low amount i.e. £1328 (for four people) and travellers cheque of £2988 in his name. Would both these documents suffice as an enough proof of funds available and also counter the reason for refusal?

Kindly let me know.

Cheers.

ban.s
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Re: Refused General Visitor Visa Application

Post by ban.s » Tue Oct 07, 2014 11:56 am

1. List of document looks fine but there is no fixed amount - it depends on regular monthly income, number of visitors, duration of stay, amount the visitors are paying themselves for the trip etc.

2. Without knowing the exact reason for refusal (as stated in the refual letter) difficult to comment.

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squalliram
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Re: Refused General Visitor Visa Application

Post by squalliram » Tue Oct 07, 2014 12:05 pm

ban.s wrote:1. List of document looks fine but there is no fixed amount - it depends on regular monthly income, number of visitors, duration of stay, amount the visitors are paying themselves for the trip etc.

2. Without knowing the exact reason for refusal (as stated in the refual letter) difficult to comment.
Exact reason for Refusal:
You have stated that you have been working for them since 2001 and your monthly salary is £1426.64. You have provided a bank statement from your bank dated (xx-xx-xxxx) showing your salary payments and a closing balance of £4252.26. £3003.36 of which was deposited between 31st August and 2 Sept 2014. You have not provided any evidence to confirm the origin of these funds, and as such I am not satisfied it is under your exclusive control to be used by you.

I am not satisfied that the circumstances surrounding your proposed visit are as claimed and I am therefore not satisfied that you are a genuine visitor or that you will leave the UK on completion of your proposed visit (para 41(i) and (ii)).

I have therefore refused your application because I am not satisfied, on the balance of probabilities that you meet all of the requirements of the relevant paragraphs of the UK Immigration Rules.

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Re: Refused General Visitor Visa Application

Post by ban.s » Tue Oct 07, 2014 12:40 pm

Was the money transferred from the account before the visa refusal or after? Ideally the bulk of money shouldn't have been touched whilst the visa application was under consideration.
The ECO had doubt whether the additional fund was under exclusive control of the application. Now the subsequent transfer to the fund to its originator would only strengthen ECO's doubt - so do ensure the proper documents and untakings are provided confirming the origin and ownership of the fund and the traveller cheque.
Whether these would be sufficient and counter the reason for refusal ? Difficult to comment - all depends on the nature and quality of supporting documents.

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squalliram
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Re: Refused General Visitor Visa Application

Post by squalliram » Tue Oct 07, 2014 12:52 pm

ban.s wrote:Was the money transferred from the account before the visa refusal or after? Ideally the bulk of money shouldn't have been touched whilst the visa application was under consideration.
The ECO had doubt whether the additional fund was under exclusive control of the application. Now the subsequent transfer to the fund to its originator would only strengthen ECO's doubt - so do ensure the proper documents and untakings are provided confirming the origin and ownership of the fund and the traveller cheque.
Whether these would be sufficient and counter the reason for refusal ? Difficult to comment - all depends on the nature and quality of supporting documents.
The money was transferred back to the person who owed it immediately after a statement was taken. I do understand that the bulk of money shouldn't be touched whilst the application is under consideration but this process is a bit new to my in laws and they've made a mistake with their bank statement. But they are now trying to correct it with correct proof of funds and a traveller cheque.

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Casa
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Re: Refused General Visitor Visa Application

Post by Casa » Tue Oct 07, 2014 4:04 pm

Why would they transfer money back to the person who 'owed it' ? :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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squalliram
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Re: Refused General Visitor Visa Application

Post by squalliram » Tue Oct 07, 2014 4:06 pm

Casa wrote:Why would they transfer money back to the person who 'owed it' ? :?
Because he did not want it in his account. He wanted the money as a travellers cheque or in cash.

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Re: Refused General Visitor Visa Application

Post by Casa » Tue Oct 07, 2014 4:14 pm

OK, as an example I'm the ECO. Why couldn't he draw the money out from his account in cash? Why would he need to return the money to the person who 'owed it'?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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squalliram
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Re: Refused General Visitor Visa Application

Post by squalliram » Tue Oct 07, 2014 4:23 pm

Casa wrote:OK, as an example I'm the ECO. Why couldn't he draw the money out from his account in cash? Why would he need to return the money to the person who 'owed it'?
Your point is fair and valid and I think that happened because he wanted to get a statement with a "decent" amount to show. Unfortunately it happened just before the visa application which is unacceptable but the money is his as far as I know. Its a really confusing situation imo.

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