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Visit visa rejected. Options other than appeal?

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msraza
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Posts: 3
Joined: Thu Mar 12, 2009 1:25 pm

Visit visa rejected. Options other than appeal?

Post by msraza » Thu Mar 12, 2009 1:49 pm

Hi,

I have searched this forum for a solution/advice regarding my query but had no luck. I apologise if this is a repetitive post.

Recently my sister sponsored my grandfather so that he may apply for a visa to visit family in the UK.

He is 88 years old and since my grandmother passed away, he has expressed his desire to visit family in the UK.
The majority of his children and grandchildren are British nationals living in England.

Last week his visa application was rejected. I will quote below the specifics of the rejection.

'I am satisfied that you meet the requirements of paragraph 41 of the immigration rules except the following:

You have declared that you wish to visit a family member and they will maintain and accommodate you. The documents that you have presented do not establish that your sponsor can do this. While I note that you have submitted your sponsor letter, pay slips and photocopied solicitor letter relating your sponsor accommodation. You have failed to provide any evidence of your sponsors immigration status. In addition you have failed to provide satisfactory evidence of adequate accommodation available to you. In view of the lack of evidence about your sponsor's ability I am not satisfied that you or your sponsor will be able to maintain and accommodate you without employment and without recourse to public funds. (41vi)

You have not provided any evidence of your personal circumstances in Pakistan. Full knowledge of your circumstances is an important consideration when assessing your application. In the absence of such evidence you have not satisfied me that your circumstances are as claimed. Furthermore you have provided no reasonable evidence to show that you have family here as claimed. I am therefore not satisfied that you are a genuine visitor or that you will leave the UK on completion of your proposed visit. (41 i, ii)'


All of my sisters immigration status details were attached to the sponsor letter including British Passport number and details. This was all attested as correct by the solicitor.

All accommodation details, mortgage, property etc were also submitted in a similar fashion and attested by the solicitor. Al my grandfathers Pakistani details were also submitted, in fact I cannot think of any requirements that were not met.

Bottom line we have the right to appeal against the decision but the process will take around 4-6 months according to the AIT website

My sister has been told that there is a way to get the decision reviewed before having to go through the appeal process.

Is that information accurate? If so can somebody enlighten me on the process? If that is not a possible route can anybody suggest any other means I may try?

Any information or help would be greatly appreciated.

Thanks

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batleykhan
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Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Fri Mar 13, 2009 10:08 am

My sister has been told that there is a way to get the decision reviewed before having to go through the appeal process.
If you complete the appeal notice that your grandfather recieved, and give the reasons and if neccesary provide copies of documents on the points that your grandfather was refused, send the appeal notice back to the country from where the application was made rather than AIT.

Once the form has beeen recieved by the Embassy,it is the Entry Clearance managers job to look at the information and evidence you have supplied in the appeal notice and review the earlier decision to refuse, to see whether the ECO got the decision right or wrong. if the ECM thinks the ECO was wrong, he will overurn the decision and grant visa. This can take up to 6-8 weeks.

If on the other it is still refused, then I am afriad it can take up to 6 months.
You have failed to provide any evidence of your sponsors immigration status.
Copies of all pages from your pages certified by a solicitor preferably
You have not provided any evidence of your personal circumstances in Pakistan. Full knowledge of your circumstances is an important consideration when assessing your application. In the absence of such evidence you have not satisfied me that your circumstances are as claimed. Furthermore you have provided no reasonable evidence to show that you have family here as claimed. I am therefore not satisfied that you are a genuine visitor or that you will leave the UK on completion of your proposed visit. (41 i, ii)'
What they are saying here is you havent provided details of your grandads relatives in Pakistan.does he have sons,daughters, brothers or sisters?, if so give their detail.

The ECO believes that your grandfather will not return back to Pakistan as you havent shown them any evidence (eg family, land,business )for him to go back to.

Provide all this information to them and then hope they will overturn the decision without the need of going through the appeal procedure.

Hope this helps

msraza
Newly Registered
Posts: 3
Joined: Thu Mar 12, 2009 1:25 pm

Post by msraza » Fri Mar 13, 2009 11:14 pm

Thank you Batleykhan for your detailed and rather reassuring response. I have conveyed the points mentioned to my sister as the sponsor and to my grandfather. They will submit the papers shortly and hopefully we will get the desired result.

Thank you once again.

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