complaint against family visitor visa

[newlyn]

Hello Friends,

I am aware that that one cannot appeal against refusal of family visitor visa. What exactly does that mean?

In case if I feel the refusal is unfair, can I complaint about it and take it to ombudsman, if needed?

Many Thanks for your reply.

[Wanderer]

Hello Friends,

I am aware that that one cannot appeal against refusal of family visitor visa. What exactly does that mean?

In case if I feel the refusal is unfair, can I complaint about it and take it to ombudsman, if needed?

Many Thanks for your reply.

You can appeal on discriminatory or human rights grounds only.

However you can ask the CO for a reconsideration. Perhaps post the refusal here and we can advise.

[newlyn]

Hello Wonderer,

Many Thanks for your reply.

There already has been a rejection and therefore want to set out my future course. Basically my father was in UK in May-27 and therefore his second visa starting from 01-Nov was refused because it is less than six months since his last departure from UK. I did not know about this rule. The visa officer further feels that he is trying to make UK a habitual abode.

He is eligible to come to UK after 29-Nov as he will have completed six months out of UK.

Now my concern is that the visa officer may refuse again thinking that my father is desperate to go to UK and therefore applied as soon as he became eligible and thus refuse again saying that he is trying to make UK is habitual abode.

Please advise further on this. Should he re-apply for entry on 29-Nov.

And if refused, will I be able to complaint about a wrong refusal and seek ombudsman if needed.

[Wanderer]

The 6 months in each 12 'rule' is only a guide to aid the EO in reaching a decision re: habitual residence. The EO can still refuse if he thinks 6 months in 12 is habitual residence in a particular case.

Perhaps it may be prudent to leave it a year or so before applying, let the dust settle?

Does your father have any reasons to return? Is the intention to live here 6 months in 12?

[newlyn]

Thanks Wanderer for the reply.

Off course my father wants to return back to India.

He is coming here to meet with my family ( myself, my wife and my one year old son ). Last time, he returned back within four months even though he had six months visa. Also even though I have lived in UK for a good six and half years now, he has applied only for second visit.

Besides this, my father has wife ( my mother & married for over last forty years), a son, a daughter and two grand-children as a family in India.

He has substantial fixed deposits in India, besides the monthly regular pension.

Does the above form a strong reason to return back to India.

[newlyn]

Thanks Wanderer for the reply.

Off course my father wants to return back to India.

He is coming here to meet with my family ( myself, my wife and my one year old son ). Last time, he returned back within four months even though he had six months visa. Also even though I have lived in UK for a good six and half years now, he has applied only for second visit.

Besides this, my father has wife ( my mother & married for over last forty years), a son, a daughter and two grand-children as a family in India.

He has substantial fixed deposits in India, besides the monthly regular pension.

Does the above form a strong reason to return back to India.

Can someone please reply to my question above.

[Wanderer]

Please be patient, we are not paid for this and usually if there's no answer, it's because people are busy with their home lives or don't know the answer.

I don't know the answer myself but we don't want the thread cluttered with 'I don't know' responses.

Wait until later in the week when the experts can find some time from their paid jobs.

[Casa]

It shows strong reasons to return but it still requires him to show he isn't spending more time in the UK than in his home country.

[Wanderer]

It shows strong reasons to return but it still requires him to show he isn't spending more time in the UK than in his home country.

I'd even qualify that to 'a significant amount of time', if it's like even 4/5 months every year....

[Casa]

Agree

[newlyn]

Hey All,

Thanks for the replies.

How about me mentioning that as I will be sponsoring his visa, I will not risk my job & future in UK by allowing him to overstay in UK. He has never been to any other country ever. He has been in UK for four months this year. That's all. The only reason is his one year old grandson (my son) with whom he would like to spend time. Had it not been for the grandson, he would not have visited UK. I have been in UK for last six and half years in a highly paid job but my father never applied for visiting UK.

Regards.

[newlyn]

Hey Guys,

One of my original question got lost.

What is the difference between Appeal and Complaint?

[terriblescream]

Hey All,

Thanks for the replies.

How about me mentioning that as I will be sponsoring his visa, I will not risk my job & future in UK by allowing him to overstay in UK. He has never been to any other country ever. He has been in UK for four months this year. That's all. The only reason is his one year old grandson (my son) with whom he would like to spend time. Had it not been for the grandson, he would not have visited UK. I have been in UK for last six and half years in a highly paid job but my father never applied for visiting UK.

Regards.

DId you ever complain and what was outcome?