ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Family Visit - Right of Appeal

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
Adojay
Member
Posts: 151
Joined: Fri Jul 01, 2011 2:33 pm
Contact:

Family Visit - Right of Appeal

Post by Adojay » Sat Sep 10, 2016 11:12 pm

Hi All,

My wife and I invited her younger brother that lives and works in Italy to visit the UK. He was refused visit citing they do not believe his intentions to return to Italy. We want to appeal the decision, but there was no right of appeal. I thought, as family member my brother in-law had the right to appeal, but not sure if this has now changed.

Please advice.


Adojay
The only place success comes before work is in the dictionary.

- Vince Lombardi

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Family Visit - Right of Appeal

Post by noajthan » Sat Sep 10, 2016 11:21 pm

Minimal or zero rights of appeal.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Adojay
Member
Posts: 151
Joined: Fri Jul 01, 2011 2:33 pm
Contact:

Re: Family Visit - Right of Appeal

Post by Adojay » Sun Sep 11, 2016 5:46 am

noajthan wrote:Minimal or zero rights of appeal.
Thanks for the quick response. Any chance you can explain why you mentioned there is little or no rights of appeal. Not that I have any doubt of your response, don't get me wrong. I used to believe inviting a family member means you can appeal the decision if denied entry visa. I may be wrong, but just curious.

Thanks

Adojay
The only place success comes before work is in the dictionary.

- Vince Lombardi

secret.simon
Moderator
Posts: 11113
Joined: Thu Feb 21, 2013 9:29 pm

Re: Family Visit - Right of Appeal

Post by secret.simon » Sun Sep 11, 2016 7:12 am

You may be mixing up multiple areas of immigration law here.

UK visit visas generally do not have a right of appeal. And that is irrespective of "family" or not.

You may be confusing visit visas with the right of non-British EEA citizens to be joined by their family members in the UK. But even then, family members is defined as spouses, children under 21 and parents whose dependency on the EEA citizen has been proven. Siblings and other relatives are not classified as family members. Applying for a Family Permit for family members of non-British EEA citizens does have an appeal process (to the best of my knowledge).

So, under neither circumstance does your brother-in-law qualify for a right of appeal.

What is your brother-in-law's status in Italy? Does he have family members or significant ties to Italy?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: Family Visit - Right of Appeal

Post by vinny » Sun Sep 11, 2016 7:34 am

Adojay wrote:I used to believe inviting a family member means you can appeal the decision if denied entry visa. I may be wrong, but just curious.
You used to be right, until they changed the law.

FAMILY VISITOR APPEAL REMOVED.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Family Visit - Right of Appeal

Post by noajthan » Sun Sep 11, 2016 9:55 am

Adojay wrote:Hi All,

... but not sure if this has now changed.

Please advice.
Adojay
Yes, its all changed and will, in the prevailing climate, no doubt keep changing.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Adojay
Member
Posts: 151
Joined: Fri Jul 01, 2011 2:33 pm
Contact:

Re: Family Visit - Right of Appeal

Post by Adojay » Sun Sep 11, 2016 3:29 pm

What is your brother-in-law's status in Italy? Does he have family members or significant ties to Italy?
Thanks. As far as am aware, he does have resident permit, and can live and work legally in Italy but will require visa to travel to most countries as usual, UK included. As for ties, don't know how significant it is, but he is single and not married. However, he does has an older brother with same status as him.

Adojay
The only place success comes before work is in the dictionary.

- Vince Lombardi

Locked