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family visit visa for sister

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sanju_uk
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Joined: Wed Apr 01, 2009 10:28 am

family visit visa for sister

Post by sanju_uk » Wed Apr 01, 2009 10:34 am

Hi,

My sister-in-law applied for family visit visa but the immigration control mistaken as general visa and refused her visa as my wife sent a letter of invitation as a family. They mentioned "You have indicated on your Visa application Form thet you intend to remain in the UK for 1 year. You have produced a letter of support signed by Ms C Das inviting you to visit her in the UK for a period of one year. I am therfore not satisfied that you are genuinely seeking entry as a genearl visitor for a limited period as stated, not exceeding 6 monthss furthermore I am not satisfied that you comply with Paragraph 41(I)."

We would like to appeal against the refusal decision and we can provide further documents such as photographs, joint account bank statements. We are also willing to visit the tribunal to explain about her reasons of visit.

She submitted the follwoing documents
Her bank statements, of 2 different banks
Copy of her property purchased
Copy of her bank investments
And the other docs we provided, like letter, salary slips, bank statements, mortgage.

Can you help us and let us know what additional evidence we can provide along with appeal application?

Thanks,

Sanj

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Wed Apr 01, 2009 12:03 pm

Did she ask for a visit visa for a full year? If she did and was refused, sounds like a correct refusal to me.

More info!
An chéad stad eile Stáisiún Uí Chonghaile....

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Wed Apr 01, 2009 2:23 pm

My thoughts exactly, if it said she wished to stay one year refusal was automatic and any appeal would fail.

sanju_uk
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Posts: 11
Joined: Wed Apr 01, 2009 10:28 am

Post by sanju_uk » Wed Apr 01, 2009 2:45 pm

No, it was we who applied for her visa online and specifically mentioned as family visit visa, she just collected her documents and submitted at the department in Sao Paulo who sent to British Embassy in Rio. Her tickets were return tickets within one year.

sanju_uk
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Posts: 11
Joined: Wed Apr 01, 2009 10:28 am

Post by sanju_uk » Fri Apr 03, 2009 4:16 pm

We would like to know if it is better to make a fresh application or appeal based on the following reason below:

They mentioned on the refusal letter:
"You have indicated on your Visa application Form thet you intend to remain in the UK for 1 year. You have produced a letter of support signed by sponsor inviting you to visit her in the UK for a period of one year. I am therfore not satisfied that you are genuinely seeking entry as a genearl visitor for a limited period as stated, not exceeding 6 monthss furthermore I am not satisfied that you comply with Paragraph 41(I)."

We write:
To clarify this issue I would like to bring to your attention that my sister applied for a family visitor visa, but neither of us were aware that the family visitor visa comes under the general visitor category.

When we were searching for information to help my sister with the application for apply for a visa, we went on the website below and found the information were misleading and not exactly represented the difference between the general visitor visa and family visitor visa.

http://www.ukba.homeoffice.gov.uk/visit ... igibility/

There is no information which shows that a family member who is coming under a family visit visa falls on the same category, there is nothing on the paragraph 41 that states that the seeking entry as a general visitor shouldn’t exceed 6 months also includes as a family visitor, which made us conclude that time, that a general visitor visa is the same as a tourist visa.

So based on the information on the website, we believed that a family visit is different to a general visitor and my sister was allowed to apply for one year visa as she is a very close family member, that’s why it was shown on the letter application period of visit for one year.
We would like to re-instate that she intends to visit as family visa not exceeding six months and request you to consider her appeal based on the additional documents enclosed.


1.Joint bank account statements
2.Family photographs.
3.Retirement letter

Please help.

Thanks,

Sanj

UKBAbble
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Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Fri Apr 03, 2009 10:29 pm

I still can't see how an appeal can succeed.

owais210
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Joined: Tue Apr 03, 2007 5:29 am

Visit Visa

Post by owais210 » Sat Apr 04, 2009 1:00 am

Hi Sanju,

Although visit visa for most cases is around 6 months (tourist/ family social visits etc)
Normally if she filled the form and followed the general rules laid out in it, there is no reason for refusal. However you might want to read this: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Visit visas are only ever allowed for 6 months in visitors category.

Goodluck

bototo
Member
Posts: 145
Joined: Mon Dec 01, 2008 7:54 pm

Post by bototo » Sat Apr 04, 2009 2:30 pm

When we were searching for information to help my sister with the application for apply for a visa, we went on the website below and found the information were misleading and not exactly represented the difference between the general visitor visa and family visitor visa.

http://www.ukba.homeoffice.gov.uk/visit ... igibility/
There is nothing on that page that says anything about "family visitor visa". What it does say, right at position #1, is that you need to show you
only want to visit the United Kingdom for up to six months
It seems you didn't read properly and you screwed up. Just accept that and move on/put in a new application.

AncientAlien
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Posts: 134
Joined: Sun Dec 21, 2008 6:30 pm
Location: Planet Earth

Re: family visit visa for sister

Post by AncientAlien » Sun Apr 05, 2009 11:51 am

sanju_uk wrote:Hi,

My sister-in-law applied for family visit visa but the immigration control mistaken as general visa and refused her visa as my wife sent a letter of invitation as a family. They mentioned "You have indicated on your Visa application Form thet you intend to remain in the UK for 1 year. You have produced a letter of support signed by Ms C Das inviting you to visit her in the UK for a period of one year. I am therfore not satisfied that you are genuinely seeking entry as a genearl visitor for a limited period as stated, not exceeding 6 monthss furthermore I am not satisfied that you comply with Paragraph 41(I)."

We would like to appeal against the refusal decision and we can provide further documents such as photographs, joint account bank statements. We are also willing to visit the tribunal to explain about her reasons of visit.

She submitted the follwoing documents
Her bank statements, of 2 different banks
Copy of her property purchased
Copy of her bank investments
And the other docs we provided, like letter, salary slips, bank statements, mortgage.

Can you help us and let us know what additional evidence we can provide along with appeal application?

Thanks,

Sanj


Hi Good people

I know some us us are struggling with finances and some can't even get a job until they get a decision with their passports from the HO. Therefore, it is EXPENSIVE calling those 0870/0845xxxxxxxxx numbers that the Home office generally provides.
Don't give up, now you can call Home Office for free, just check out www.saynoto0870.com and you will be provided with a local 0208/0151/0161xxxxxx number where you can contact HO for FREE! The actual number is 01516725626. (But log on to www.saynoto0870.com and confirm for yourself)
Especially if you have a pay monthly home or mobile telephone contract. You can still call from a pay as you go mobile but the charge rate will be like you are calling your neighbour next door on any 0208xxxxxxxx number.
Good luck Razz (Please share with others if it works for you!)
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

sanju_uk
Newly Registered
Posts: 11
Joined: Wed Apr 01, 2009 10:28 am

Thanks to all members who replied

Post by sanju_uk » Thu Apr 09, 2009 4:06 pm

Thanks to all your replies. With regards to a fresh application, do we have to mention her previous refusal visa and why was it refused. Will this affect on her next application. She has paid very expensive tickets and she had to pay more to change, if the visa is refused again, it will be a disaster.

Should I mention about her previous application on the sponsor visit letter.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Thanks to all members who replied

Post by Wanderer » Thu Apr 09, 2009 4:40 pm

sanju_uk wrote:Thanks to all your replies. With regards to a fresh application, do we have to mention her previous refusal visa and why was it refused. Will this affect on her next application. She has paid very expensive tickets and she had to pay more to change, if the visa is refused again, it will be a disaster.

Should I mention about her previous application on the sponsor visit letter.
Yes u have to mention previous refusals, if not you are committing deceit along with a ban of upto ten years.
An chéad stad eile Stáisiún Uí Chonghaile....

bototo
Member
Posts: 145
Joined: Mon Dec 01, 2008 7:54 pm

Post by bototo » Mon Apr 13, 2009 7:36 pm

You do have to mention the previous application. They know about it anyway and it's on their computers.

The previous refusal should not affect the decision unless they suspect she does want to stay for a whole year. Explain the innocent mistake in the previous application via your covering letter but tread carefully so you don't call yourself a liar. Don't, for example, say she never intended staying 12 months if that's exactly what she said earlier.

Demonstrate that she now understands the rules and is returning earlier. Show the dates the ticket is booked for (enclose the ticket). Read carefully through the rules this time. Address each point on there and try to provide evidence for each one where you can. A birth certificate shows she meets (viii). A letter from her doctor saying she's in perfect health could be considered evidence of (xi) etc. There's plenty on this board on the issue of demonstrating strong ties back home, including ample finance, family, job, other commitments to meet (iii), (iv), (v) etc. Read those threads.
we can provide further documents such as photographs, joint account bank statements. We are also willing to visit the tribunal to explain about her reasons of visit.
Anything you do to prove a specific point is useful. All else, including emotional appeals, are a waste of time and, sometimes, counterproductive.

That you are offering to visit them to explain is something thay'll likely have a good laugh about. You need to understand that they aren't interested in helping you or ascertaining the facts, they simply process documents. Rely on the strength of your documentation to make your case because they sure as hell aren't going to invite you to discuss the case over a cup of tea.

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