Family Visit Visa Refused - Urgent Pls Help !

[Kev-in]

Hello everyone,

I would appreciate some help here or your opinion on what i should do.
My parents applied for a UK visitor visa (Dubai) recently and were refused but given the right to appeal. They were suppose to visit me and my wife for a period of 2 weeks. (Tier 1 Visa until 2011 i.e me n wife).

My father is his own sponsor, also my moms application (housewife) dependent on his application.

With his application (June): He provided the below.

1. Bank statements...which were oudtated (Jan-March) and the bad part is his balance here was just around 500 AED for that period.
2. He also provided salary slips for the period (Feb - April)
3. His salary is around 14K AED per month (including allowances)..the same was mentioned on his application as 14K was his gross salary.
4. He also provided a company letter...His company gave a good letter but they only mentioned his basic salary 7K per month..instead of stating the gross with allowances.
5, My bank statements here in the UK ( as on the application he mentioned that son will take care of travel costs during visit (around £300).

The visas were refused against paragraph 41. and also mentioned the below points...

Decision
1. You have not provided recent satisfactory evidence of your personal and financial circumstances as ur bank statement is dated March and latest pay slip provided is April. Furthermore u have stated u earn 14K, however ur employment letter states u earn 7K per month. As a result im not satisfied ur circumstances are as u have indicated, nor on ur intentions in wishing to travel to the UK now. I am not therefore.....blah blah.... 41(i)(ii)

2. On ur application u hv stated that u will pay for your travel to the UK. You have failed to provide satisfactory evidence tht u r in a postion to do so as ur bank statement is dated over 3 months and at his time had a closing balance of AED500. I am therefore not satisfied u can meet the cost of a return or onward journey from the UK.41(vii)

3.On ur application u have state that u expect to receive some financial assistance from your sponsor, ur son. However u hv provided no satis'ry evidence as to what proportion of ur travel and other costs will be met by you, and what proportion will be met by your sponsor. As a result i am not able to assess the impact of this trip in relation t o your own domestic responsibilities, personal and financial circumstances. Given all of this i am not satisfied that the costs of your proposed travel to you are measurable nor reflective against ur own circumstances. You have not provided evidence of your own financial circumstances in the UAE. I am not satisfied as a result as to your intentions in wishing to travel to the UK now..I am therefore...blah blah...41(i) (ii)

This is a genuine visit from my parents and they intend to visit for only 2 weeks.
The problem is at the time of application too..my father withdrew his entire salary that hit his account to buy air tickets +rent +household expenses. He has now transferred that money back to the account and also received his salary for the current month and now has a balance of around 21K. I have informed him not to withdraw anything as of now.

Does one need to maintain a minimum bank balance while applying as visitor?

Please help on how he should appeal !

Many thanks!

Please help on what u think

[batleykhan]

I would not bother appealing.

You would be better of advising your parents to reapply again in a about a months time when they have sufficent funds in their account and that the statements they provide are up to date.

He should provide letter from his employer to say that he can take 2 weeks leave to visit UK This is good proof that he will return back home after visit.Anything that is a good incentive to return should be stated in the sponsorship declaration letter.
http://www.immigrationboards.com/viewtopic.php?t=51723

He should get a letter confirming his monthly salary and that his job is permanant.Whatever salary is stated in letter he should state that on application.

There is no set amount one has to have in his bank account. The ECO wants to know that you have enough to last you for your stay in UK.

Did you apply for a tourist visa or a family visit visa. The latter is better

[Kev-in]

Many thanks for your opinion batleykhan, appreciate that.

Well the application made was for a family visit visa. They do have 28 days to appeal against the decision.

I do understand your opinion on not appealing is based on the fact that there were no sufficient funds in the account.

But do you think the ECO will consider funds that were deposited into the account just after the application was made (i.e his ::current salary::) and the money that had been withdrawn for air tickets, etc, now deposited back) which now does prove he had and now has sufficient funds with his new bank statements. I make this statement based on the fact that there is no clause for set amount/set period the funds need to be in the bank. I maybe wrong??

As far as the ECO is satisfied that he had/now has enough healthy funds for travel i think it would be worth a shot as there is nothing to lose.

They been advised by some of his friends that he should appeal as he has nothing to lose (no need to pay visa processing fees again). Also if the appeal fails assuming this process would take 4weeks/months time by then he will have also maintained a healthy bank balance which will help in re-applying again after this time.

Making a fresh application in a months time will that hinder any chances as it was refused earlier?

Pls advise? Many thx

[batleykhan]

But do you think the ECO will consider funds that were deposited into the account just after the application was made (i.e his ::current salary: and the money that had been withdrawn for air tickets, etc, now deposited back) which now does prove he had and now has sufficient funds with his new bank statements. I make this statement based on the fact that there is no clause for set amount/set period the funds need to be in the bank. I maybe wrong??

As far as the ECO is satisfied that he had/now has enough healthy funds for travel i think it would be worth a shot as there is nothing to lose.

The ECO decision was made on the information and evidence that you had supplied to him. Had you done the above before lodging your application the ECO probally would not have refused your family.

I thinks its a bit late now for you to ask teh ECO to overturn his original decision just because you have depoisted more funds into your account after the decision.

I am afraid it doesnt work that way. I dont think the ECO or his boss will overturn the decison as the decison was right at the time it was made.

It may be overturned at an appeal hearing but that like I have said could take a good few months ( if you are prepared to wait).

The deciosn is yours to make and I suggest you do whatever you feel best. If you wish to appeal go ahead and try it.

[Rex]

Kev-in , can you please tell me the timeline for your family's application as my in-laws applied 4 weeks ago and still waiting. thanks

[HRY2005]

I think it was an error of judgement to have withdrawn money out of the account for tickets, when visas hasn't been granted. Could have waited until the statement was printed and sent to the embassy before taking money out.

I 'll go with Batleykhan's advice, its the best way unless you want to wait long time for appeal.

Good luck