Family Visit Visa rejected twice. Is there any way?

[gleslie]

Hi,
Please find below the history of the family visit visa applied for my parents...
Please do advise if anything can be done to correct this...


First Application - Visitor Visa for 2 years multi entry

· Applied (22/09) - Invitation letter requested for 1 year Visa (due to ignorance). It was not made clear that we were applying for Multi entry Visa.

· VFS said 1 year (multi entry) visa is not available in Chennai and they can apply for 2 years or apply in other consulate. Hence 2 year visa was ticked and application submitted without changing anything else.

· Consulate Rejected (07/10) stating the same reason and telling that there is not enough proof that they have attachment to India.

Reason

Your visa application form states you intend to stay six months in the UK and it has been amended from one year. It also states that you wish to travel to the UK on 22.11.09 and will leave the UK on 21.11.2011 which is two years. Furthermore you provide invitation and support letter from your son in law which invites you and your spouse for one year. This is a period outside the immigration rules. In view of the support letter and visa application form I am not satisfied that you would abide by the immigration rules as stated I am not satisfied you meet the requirements of paragraph 41(i) and 41(ii) of the immigration rules.



The Rule

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and



(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and



Issues:

1. We ignorantly applied for a 1 year Visa assuming we can get a multi entry visa and avoid queuing up again if needed. When parents found out they can apply for 2 years Visa they happily applied assuming they will get a longer multi entry visa. In effect only a 6 months multi entry visa should have been applied as the intention was to stay for 3-4 months only.



First Application Appeal – (9/10)



Documents Attached

1. Revised invite letter stating 2 years from Myself
2. MAT B1 ( pregnancy and due date of child)
3. Explanation letter from Applicant (My Parents)


Issues:
· We did not address any of the issues raised by the consulate as part of the rejection letter (again a serious case of ignorance) and just reiterated my credentials than my parents reasons for coming back to India

STATUS – Pending Decision


Second Application - Visitor Visa for 6 months

· Applied (17/11) - Invitation letter requested for 6 months Visa. Child birth was not mentioned and the invite just mentions spending time with us and having a quality family time (fearing the consulate might reject again thinking they are coming to take care of the child).

· Consulate Rejected (18/11) stating the same reason and telling that there is not enough proof that they have attachment to India.

Reason

"Your visa application form states you intend to stay six months in the UK and it has been amended from one year. It also states that you wish to travel to the UK on 22.11.09 and will leave the UK on 21.11.2011 which is two years. Furthermore you provide invitation and support letter from your son in law which invites you and your spouse for one year. This is a period outside the immigration rules. In view of the support letter and visa application form i am not satisfied that you would abide by the immigration rules as stated i am not satisfied you meet the requirements of paragraph 41(i) and 41(ii) of the immigration rules.

You have submitted a letter in support of your most recent application from your sponsor in the United Kingdom. However your letter fails to address any of the points that were noted by my colleague. I am therefore not satisfied that you would abide by the immigration rules as stated. I am not satisfied you meet the requirements of paragraph 41(i) and (ii) of the immigration rules.

I therefore refuse your application."



The Rule

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and



(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and



STATUS – Pending Appeal

[andyb123]

on a visit visa you can only be in the UK for 6 months for a single visit, the fact that you've put 1 or 2 years indicates that you do not intend to leave within 6 months (which is a requirement on all visit visas - you can go and comeback again, but a single visit must not exceed 6 months).

Even if you apply for a 2 year multi entry visa, you need to tell them dates within 6 months for the single visit... the sponsor letter should also state the same dates as the application.

You need to find a way of proving they have attachement to India and that they intend to return there - such as proof of owing a house there, letters from employers that they are being granted leave for this period, proof of other family members in india.

Perversly, it may actually be easier for them to apply to join you as dependents (if you have the funds to take care of them).

I had a similar issue with my gf, we applied for a visit visa for her to see if she liked the UK before her coming to live, the visit visa was refused because she has family in the UK and we couldn't "prove" her intention to return... when we applied for a Fiance visa they didn't even ask if she has family in the UK and we got back our approval with virtually no questions.

[Wanderer]

on a visit visa you can only be in the UK for 6 months for a single visit, the fact that you've put 1 or 2 years indicates that you do not intend to leave within 6 months (which is a requirement on all visit visas - you can go and comeback again, but a single visit must not exceed 6 months).

Just to qualify this you cannot enter for six months, leave and immediately re-enter for another six months. The rule is six months in every twelve, otherwise if caught and questioned, the IO will assume the culprit is effectively settling on a visit visa which is a big no-no.

[Aarthy]

Can the appeal be processed on the second rejection? Because the second application is only for 6 months? Or is it worth applying third time !!!!

[vinny]

As stated previously, note the Frequency and Duration of Visits.

You have to address the reasons for the refusals.

For example, similar to visitors to the USA, see also WHAT CONSTITUTES "STRONG TIES"?

An appeal is not likely to succeed unless they satisfy the immigration rules.

Do they qualify as Elderly dependent relatives (SET08 - Parents, grandparents and other dependants)?

After two refusals, it may be worth consulting with a professional.

[andyb123]

Can the appeal be processed on the second rejection? Because the second application is only for 6 months? Or is it worth applying third time !!!!

iirc, visitor visas aren't subject to appeals

[Aarthy]

In that case do you think withdrawing the appeal would be better? Is there any format in which we need to write to the embassy for withdrawing the appeal or would just a letter mentioning the same would do?

[andyb123]

In that case do you think withdrawing the appeal would be better? Is there any format in which we need to write to the embassy for withdrawing the appeal or would just a letter mentioning the same would do?

if your application doesn't allow for an appeal it should say on your rejection letter "you do not have the right to appeal" and they will simply ignore your appeal letter anyway

just make a new application, and actually address the issues they have raised; e.g. sponsorship letter stating less than 6 months visit, entry and leave dates on application less than 6 months... if they only intend to stay for 3-4 months, put dates that are 4 months apart

also, find a way of proving they have attachment to india and intend to return home, such as employment, ownership of a house, evidence of other family members in india that they see regularly

if you can't prove they have anything keeping them in india, they will always be refused a visitor visa

then as vinny said look into if they qualify as Elderly dependent relatives (SET08 - Parents, grandparents and other dependants)

[Aarthy]

Hiya

The rejection letter states we have the right of appeal and they have sent the appeal application form along.

So if we show that they have strong ties to come back, then we can apply for third time? Has there been any occasion where someone has applied more than twice?

We consulted a local immigration consultant in india, they are advising us to continue with the appeal and get it sorted over 6-9 months.

My issue is I want them to come here as early as possible cos we are having our firs child. Processing dependent parents visa would be a lengthier process, hence wasnt quite interested doing that?

[tomkin]

I hope you are successful in your appeal (you should have taken it seriously the first time though).

Is then going to India to have the delivery done, the only option ??

[vinny]

We consulted a local immigration consultant in india,

Are they qualified to give UK immigration advice?

[Aarthy]

Well yes, we shd have taken the first appeal much more seriously. Unfortunate the mistakes have been done!!!!

Cant travel now to india, none of the airlines wud allow me to...its closer to birth now....so its up to me and my husband to manage !!! sigh!!!

Vinny, these consultants claimed to be specialising in UK immigration laws....KARM consultants in Chennai...