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Family visitor 6 months refusal

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Oxana
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Family visitor 6 months refusal

Post by Oxana » Mon Jan 25, 2010 4:25 pm

Hello!
My parents got refusal on Family visitor 6 months. The reason-they have not submitted any financial documents. But in fact, when they applied they provided papers from work about employment and monthly income. So, for the embassy it was not enough.
I need advise, shall they make appeal (but i have read some forums and it can take 6 months) or is it possible to re-apply again and add additional documents about their finance (bank statements). When they can re-apply?
What kind of documents they can provide to prove that they have money to travel to UK? For example, my mother receives her salary in cash (in Russia a lot of companies do that), will it be all right if she puts money on her card and make bank statement?

Thanks in advance!

andyb123
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Post by andyb123 » Mon Jan 25, 2010 4:37 pm

normally, on a visit visa, you don't have the right to appeal anyway

plus, in the application information, they do ask for BANK STATEMENTS, not just payslips, the fact that they did not provide these documents IS grounds for refusal, and so an appeal would not be upheld anyway

they can re-apply immediately, but not having proof of accounts and only having dealings in cash will be a big problem for any application

Rozen
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Post by Rozen » Tue Jan 26, 2010 11:04 am

andyb123 wrote:normally, on a visit visa, you don't have the right to appeal anyway
Not exactly true! A FAMILY visitor visa will always attract the right to appeal, which is what was applied for in this case!
@ OP... You can re-apply immediately, as long as you address the issues that the refusal was based on.
Is it possible that you could be the sponsor, and supply your bank statements instead? That way, the state of their finances won't really be an issue.

Oxana
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Post by Oxana » Tue Jan 26, 2010 12:59 pm

Yes, we have the right to appeal in our case (Family visitor 6 months), the officer sent them all needed applications for appealing. But as I have learnt it can take 6 months. So, as I understand we can just re-apply again. My husband invites my parents. So do you think it`s better if he will be a sponsor and provide pay slips, bank statements, employment prove, tenancy agreement?

taylondon
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Post by taylondon » Tue Jan 26, 2010 1:13 pm

I believe appeal route would be the best option for you.
You might want to re-apply again or ask the consulate to reconsider the decision by supplying new financial documants, but it would not make any difference.
most of the cases the HO (here the consulate represents the HO) just stands with its original decision they tend to not change it in general

I got refusal back in 2007 for my Turkish ECAA further leave to remain application. HO simply made a mistake by seeing a date wrongly. My solicitor explained this simple error they made and asked HO to reconsider its decision, so I could save money on spending barristers and court procedure. But they say ''no, we won't change the decision, you can go to court if you like''

they probably thought I might just give up and leave the country instead of spending £3000 on barristers, solicitors for appeal.

I went to court, took only 5 minutes and The Judge clearly wrote in his judgment that HO made an error.

Rozen
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Post by Rozen » Tue Jan 26, 2010 1:43 pm

taylondon wrote:I believe appeal route would be the best option for you.
Sorry, but I beg to differ! This is a long drawn out process, and depending on how quickly OP wants the parents to visit the UK, re-applying will be much faster!
Oxana wrote:So do you think it`s better if he will be a sponsor and provide pay slips, bank statements, employment prove, tenancy agreement?
Yes, I think so! If he has enough funds in his account to show that he is able to sponsor your parents, then it would be best he writes a sponsor letter, with the bank statements to back him up.
The onus will be on your parents to prove that they intend to return to the home country by supplying evidence such as employment, property, family ties, etc..
Their finances will not be an issue, if your husband is the sponsor.
Best of luck!

batleykhan
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Post by batleykhan » Tue Jan 26, 2010 1:51 pm

I believe appeal route would be the best option for you.
Not in the case of a visitor

Why you may ask?

To put it simply, it takes to long. From the time of appealing to getting the visa it could take 6-8 months.

Furthermore you have to spend hundreds of pounds employing a solicitor to the appeal work for you.

As a visitor visa fee is less than a hundred pound,its better to reapply again making sure you have all the documents required and not to make the same mistake as you did first time around.

Remember whilst you may have supplied all the necessary documents and fill the criteria required of the sponsor, the ECO is mainly interested to know whether the applicant will go back after their visit has expired.

Therefore I would provide more evidence for this rather than worrying about what docs you are going to provide

Oxana
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Post by Oxana » Tue Jan 26, 2010 1:52 pm

Thanks a lot for the replies!!!!
When my parents will make new online applications, should they state that anyway they have money on their accounts, even if my husband will be their sponsor? There is a question in the application about amount which is available on their trip to UK, what they should answer?

Rozen
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Post by Rozen » Tue Jan 26, 2010 2:48 pm

Oxana wrote:There is a question in the application about amount which is available on their trip to UK, what they should answer?
"As per attached bank statements"
Did it when we sponsored my sister's visit, and it worked!

taylondon
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Post by taylondon » Wed Jan 27, 2010 1:29 pm

It is highly unlikely that the consulate would overturn its original refusal decision.

therefore the applicant would be keep paying (and loosing) the £100 visitor visa fee.
if the applicant is not in rush to visit the UK, than the time would not be a issue

If it was my parents I would definitly gone to appeal.

Rozen
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Post by Rozen » Wed Jan 27, 2010 1:52 pm

taylondon wrote:It is highly unlikely that the consulate would overturn its original refusal decision.
It is not "highly unlikely!" As long as the initial refusal reasons have been properly addressed, there is a high chance of success!
This time the husband will be the sponsor of the parents, with enough proof of income to show that they can support them while in the UK, without recourse to public funds!
Based on the fact that the previous refusal was due to the parent's finances, I don't see why a second application wouldn't succeed by having a financially able sponsor!
Obviously, all the other requirements were fulfilled, as far as the ECO was concerned.

taylondon
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Post by taylondon » Wed Jan 27, 2010 3:15 pm

Hello Rozen

It is highly unlikely and even I bet it is 95% unlikely. I hope they fall into the rest 5%

when I had my refusal in 2007 HO simply made a mistake, my solicitor clearly addressed the issue to them but they said
''No, we won't change the decision, you can appeal it if u like''

that what I experienced.

Rozen
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Post by Rozen » Wed Jan 27, 2010 6:30 pm

taylondon wrote:when I had my refusal in 2007 HO simply made a mistake
And therein lies the difference between your application and the one in question!
In this case, the ECO is not at fault, but it is the applicant who has failed on the financial aspect!
I will say no more, because we are now just going round in circles! :roll:

taylondon
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Post by taylondon » Thu Jan 28, 2010 9:13 am

if they said ''no'' to correct their own mistake
they might say ''no'' to most things , nearly everything

these are just possibilities / risks depends on individual application

has got nothing to do with saying more or less

Oxana
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Post by Oxana » Thu Jan 28, 2010 1:12 pm

Thank you, guys, for all your replies and advises!!!
I have decided to reapply for sure. My husband will be sponsor for my parents. We will send them his pay slips, telephone, internet, water, tv bills, bank statements, paper about employment. But my father, anyway, will attach his bank statements. My parents will provide prove of properties, employment in Russia. I guess they will reapply next week. It depends which dates will be available for appointment in Moscow visa centre.
I will give you news after.
Many thanks to all of you!!!

Rozen
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Post by Rozen » Thu Jan 28, 2010 2:06 pm

Oxana wrote:Thank you, guys, for all your replies and advises!!!
I have decided to reapply for sure. My husband will be sponsor for my parents. We will send them his pay slips, telephone, internet, water, tv bills, bank statements, paper about employment. But my father, anyway, will attach his bank statements. My parents will provide prove of properties, employment in Russia. I guess they will reapply next week. It depends which dates will be available for appointment in Moscow visa centre.
I will give you news after.
Many thanks to all of you!!!
Good stuff, Oxana! I sincerely wish you all the best! Do let us know how it goes.

Oxana
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Post by Oxana » Wed Feb 03, 2010 3:13 pm

Hello guys!!!!!
Today my parents have applied again for family visitor visa up to 6 months in Moscow UK visa centre. I believe everything will be all right!!!!!

Oxana
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Post by Oxana » Mon Feb 08, 2010 11:42 am

Hello guys!!!!!!
Great news!!!!!!!!!!!!!!!!! Today my parents have received 6 months family visitor visa!!!!!!!!!!!!!!!!!!!!!! We are so happy!!!!!!!!!!!!!!!!!!!!!
Thanks a lot for your help, support and advises!!!!!!

Take care
Best Regards,
Oxana

batleykhan
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Post by batleykhan » Mon Feb 08, 2010 12:57 pm

Congratulation on your success. :wink:

Rozen
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Post by Rozen » Mon Feb 08, 2010 4:21 pm

Oxana wrote:Hello guys!!!!!!
Great news!!!!!!!!!!!!!!!!! Today my parents have received 6 months family visitor visa!!!!!!!!!!!!!!!!!!!!!! We are so happy!!!!!!!!!!!!!!!!!!!!!
Thanks a lot for your help, support and advises!!!!!!

Take care
Best Regards,
Oxana
CONGRATULATIONS!
I did have a feeling that the second time around would be a slam dunk, provided you took on board what batleykhan and I suggested. :wink:
Happy for you!

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