stepsons visa refusal and failed appeal

gooner2011 · Post by **gooner2011** » Tue Jan 18, 2011 2:02 pm

Hi, i posted about a month ago my wife got her resident visa but my stepson was turned down due to us not providing sufficient evidence of sole responsibilty, we appealed and gave the evidence they required plus a document that shows my stepson has permission from his govt. to leave the country, problem is this permission is only for 12 months and my wife was told this was the reason his appeal on the papers failed. I assume because the visa is for 2 years. My wife was advised by the embassy to apply for a tourist visa for our stepson, i am guessing this is the long term visit visa for 1 yr.
so looks like we blown Â£650 for the res visa, now we have to pay another Â£258 for the visit visa.
My stepson is nearly 3 years old.
Can anyone advise if we might have any problems getting a 1 yr visit visa for a 3 yr old, what happens when the year is up? can we extend?
many thanks for any thoughts

Post by **geriatrix** » Tue Jan 18, 2011 2:16 pm

IMHO, if a settlement entry clearance application has been refused it is unlikely that a visitor visa will be issued. The appropriate course of action will be to address the reason(s) of refusal and apply for settlement visa again.

regards

gooner2011 · Post by **gooner2011** » Tue Jan 18, 2011 3:10 pm

thanks for your input, i did wonder this myself but as the embassy official who telephoned my wife to say he hasnt won his appeal suggested this alternative i figured maybe its ok.
Can anyone else confirm that he is unlikely to be issued a visitor visa because of the failed resident visa?
thanks again for your help

Post by **MPH80** » Tue Jan 18, 2011 3:37 pm

I'd agree - it'll be very hard to prove and get a visitor visa. They'll be looking for reasons you are trying to circumvent the settlement visa.

It's also worth noting that a year long visitor visa still only gives you 180 days when you arrive and ECOs use a '6 months in 12' rule to indicate how long you should be in the country in any given year period before you are apparently settling.

So - even if you did get it - it'll only give him 6 months here.

Why was the permission only for 12 months - surely if he's your wife's son - she should have permanent permission to bring him over to you?

gooner2011 · Post by **gooner2011** » Tue Jan 18, 2011 4:39 pm

Hi and thanks for your reply, it was only issed for 12 months because my wife is still in the process of being legally granted sole custody.
She has always been solely responsible for him as his father abandoned him before he was born but as in some countries never got any legal documents to prove this until now.
are you saying that with any visitor visa that this 6 months in 12 months rule means however many years you get it for you can only be in the uk for 6 months out of every 12? we are hoping that in this 12 months the custody will be finalised and we can reapply for resident visa.
thanks again for your thoughts

Post by **MPH80** » Tue Jan 18, 2011 9:12 pm

are you saying that with any visitor visa that this 6 months in 12 months rule means however many years you get it for you can only be in the uk for 6 months out of every 12?

Yes.

When you arrive - the visa will be stamped allowing 180 days entry - he could leave to france for a day and come back - but the visa risks being cancelled.

I would suggest you need to wait for the full sole custody to come through.

M.

shahzad80 · Post by **shahzad80** » Tue Jan 18, 2011 10:49 pm

...................

gooner2011 · Post by **gooner2011** » Fri Jan 21, 2011 12:55 am

thankyou shahzad, this is what we intend to do

gooner2011 · Post by **gooner2011** » Sat Mar 12, 2011 7:03 pm

Hi folks.. just a quick update.. we applied for a family visit visa for our son on 16 Feb and got a reply 9 march that it has been approved.. woohoo
should have it in a few days..
anyone know how dificult it will be to try and change to settlement visa during this 6 months?
many thanks

Post by **Greenie** » Sat Mar 12, 2011 9:31 pm

gooner2011 wrote:Hi folks.. just a quick update.. we applied for a family visit visa for our son on 16 Feb and got a reply 9 march that it has been approved.. woohoo
should have it in a few days..
anyone know how dificult it will be to try and change to settlement visa during this 6 months?
many thanks

It is not possible to switch in country to a settlement visa from a visit visa. This is why people advised you before that they thought you may not be issued the visit visa because in order for a visit visa to be granted you have to show an intention to return at the end of the 6 months which is difficult to show when your ultimate aim is to apply for settlement.

The child will need to leave the UK and apply for settlement from his home country.

Post by **vinny** » Sun Mar 13, 2011 1:30 am

She should collect more evidence of sole responsibility so that he may apply for another settlement visa.

gooner2011 · Post by **gooner2011** » Sun Mar 13, 2011 1:59 am

ok thanks.. i am happy with the family visit visa for now anyway.. obviously we did show enough evidence of intention to return after 6 months..we didnt just get the family visa so we could change to a settlement but if the custody was settled within the 6 months then we would like to change to settlement.. if not he will return to his country of origin and reapply.

Post by **Greenie** » Sun Mar 13, 2011 3:46 pm

gooner2011 wrote:ok thanks.. i am happy with the family visit visa for now anyway.. obviously we did show enough evidence of intention to return after 6 months..we didnt just get the family visa so we could change to a settlement but if the custody was settled within the 6 months then we would like to change to settlement.. if not he will return to his country of origin and reapply.

Yes clearly you satisfied them that he was going to return. Which is why he should return at the end of the 6 months!

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stepsons visa refusal and failed appeal

stepsons visa refusal and failed appeal

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