visitor visa query

ilrqa · Post by **ilrqa** » Wed Feb 02, 2011 4:23 pm

Hi Guys,
This is the situation for a family member of mine.
She applied for tourist visa but it got cancelled on entering the uk due to an unreasonable officer.
So she has made a appeal.
But as it could take upto 6 months for the hearing, can she reapply for a visa explaining her situation in her application. (The reason i'm asking this is on the vfs website it says we can either make an appeal or re apply), but i want to know if she can reapply even though her appeal has not come to hearing yet.

The reason her visa being cancelled was because the officer mistook the fact that she was visiting not to tour the uk but visit her son. (she was going to visit her son during her trip which she informed the vfs in her application but was not able to explain to the officer in heathrow <language barrier>.
If we apply for a visitors visa with all relevant documents of her son, will she get a visa. How big a risk is it? would appreciate your thoughts.

Thank You,
ilrqa

shahzad80 · Post by **shahzad80** » Wed Feb 02, 2011 6:42 pm

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

ilrqa · Post by **ilrqa** » Thu Feb 03, 2011 12:54 pm

Thank you SHAHZAD80.
I don't have the refusal letter with me as of now to quote exact words, but the reason she was sent back was- While passing through immigration she was asked question as they generally do, like:
1. Why have you come to the uk?
She said to visit my son

2. Then y do u have a tourist visa?
She had initially applied for a tourist visa as actually she did book a tour with thomas cook who got her the visa, but the trip was cancelled due to weather conditions. When she applied for a tourist visa she submitted a letter stating that she will be going on a tour with thomas cook and also be visiting her son who resides in the uk.
But since the trip was cancelled she decided to come by herself just to visit her son, thinking there will be no issue to travel by herself as she has already informed the home office. So she explained all this to the officer (as much as she could), but the officer was not convinced and said she cannot obtain a visa for a particular reason (TOUR) and then enter the uk on a different reason (VISIT HER SON). He refused to change his mind even though her reasons for entering the uk are truly genuine.

3. Another thing that worked against her was that thomas cook had cancelled her hotel booking as the trip was cancelled. So the officer thought that she used thomas cook to get her visa and then cancelled her trip. Makes no sense to me as the trip was fully paid for.

But anyway she was not able to explain the actual situation to him and so he basically assumed everything (like using thomas cook etc.,) and gave her a refusal letter and sent her back by preponing her own ticket(which was already booked) on the next available flight.
She has sent her appeal but says it may take between 6-9 months and she want to travel before that to see her son.(urgent reasons)

I hope i have now explained my self clearly.
Reading so much can seem complicated but my question is : If we provide all relevant documents of her son who is a ILR holder will she be given a visitor visa even though her appeal has not come to hearing yet.

Thank you,
ilrqa

pennylessinindia · Post by **pennylessinindia** » Thu Feb 03, 2011 4:05 pm

ilrqa wrote: But since the trip was cancelled she decided to come by herself just to visit her son, thinking there will be no issue to travel by herself as she has already informed the home office. So she explained all this to the officer (as much as she could), but the officer was not convinced and said she cannot obtain a visa for a particular reason (TOUR) and then enter the uk on a different reason (VISIT HER SON). He refused to change his mind even though her reasons for entering the uk are truly genuine.

3. Another thing that worked against her was that thomas cook had cancelled her hotel booking as the trip was cancelled. So the officer thought that she used thomas cook to get her visa and then cancelled her trip. Makes no sense to me as the trip was fully paid for.

ilrqa

Makes no sense to me as the trip was fully paid for.

So she booked on a tour paid all the money and then cancelled the holiday part and kept the flight, Not sure if she had really informed the HO if so then she would not have got asked questions

ilrqa · Post by **ilrqa** » Thu Feb 03, 2011 4:22 pm

1. She did not cancel the tour! it was cancelled by the travel agent. (the money will be refunded)
2. She informed the HO that she will also be visiting her son during her visit to the uk when she applied for her visa not when the trip was cancelled.

shahzad80 · Post by **shahzad80** » Fri Feb 04, 2011 2:11 am

...........

pennylessinindia · Post by **pennylessinindia** » Fri Feb 04, 2011 4:01 pm

ilrqa wrote:1. She did not cancel the tour! it was cancelled by the travel agent. (the money will be refunded)
2. She informed the HO that she will also be visiting her son during her visit to the uk when she applied for her visa not when the trip was cancelled.

What do mean she informed the HO

shahzad80 · Post by **shahzad80** » Fri Feb 04, 2011 4:37 pm

...........

ilrqa · Post by **ilrqa** » Fri Feb 04, 2011 7:51 pm

Cheers thanks Shahzad80. I guess il just wait for the appeal hearing. Better not to take a risk.
Thanks for ur input anyway.

ilrqa

shahzad80 · Post by **shahzad80** » Fri Feb 04, 2011 8:40 pm

........

Mr Rusty · Post by **Mr Rusty** » Sat Feb 05, 2011 4:58 am

It looks as if she was refused entry because of a change of circumstances after the visa was issued, i.e. the tour on which she was booked was cancelled. If she also declared on the application an intention to visit her son during the visit, she might just swing it on appeal, but without sight of the visa application and the refusal notice, it's impossible to say.

What I don't understand is why she didn't exercise her right to remain in the UK pending her appeal, which is open to all passengers holding a valid visa who are refused entry. She might have been detained initially, but they couldn't have kept her indefinitely when she had a sponsor to whom she could be released. She could have stayed with her son for a few weeks, gone home and still exercised her right to appeal from abroad. That way she'd have got something out of the trip and be able to say at appeal "OK, I came and fulfilled one of the declared intentions of my trip, it's not my fault the tour was cancelled, but I paid a short visit and returned home." I don't think many judges would argue with that.

shahzad80 · Post by **shahzad80** » Sat Feb 05, 2011 10:16 pm

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

pennylessinindia · Post by **pennylessinindia** » Mon Feb 07, 2011 1:28 pm

just a bit of a credibility problem why if you have a child in the UK do you book a thomas cook tour!!! Surely you just apply to visit him? was there a reason why he could not sponsor a family visit and the intention was never to take a tour?

shahzad80 · Post by **shahzad80** » Tue Feb 08, 2011 9:31 am

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

Post by **vinny** » Tue Feb 08, 2011 11:05 am

How old is her son?

ilrqa · Post by **ilrqa** » Tue Feb 08, 2011 2:57 pm

mr rusty: we first didnt know that we cud stay in the uk to make our appeal. even if we did, she would have been kept under detention which we definitely wudn have wanted. and they wudn have let her see her son even for a minute (we did ask the officer, infact they wudn budge inspite of being very persistent)

Shahzad80:yes we r looking to seek legal advise. Thank u

vinny: 29 (does his age have anything to do?). Reading your earlier posts, u seem to know quite a lot. Would appreciate ur output. Her son got his ilr only after this incident.

shahzad80 · Post by **shahzad80** » Tue Feb 08, 2011 5:24 pm

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

Immigrationboards.com: Immigration, work visa and work permit discussion board

visitor visa query

visitor visa query

Re: visitor visa query