Question on VAF1B Family Visitor

[sva19]

We applied for Visa for my Mom and Brother. We stated the trip is to see family members and attend a community event in April. We stated mom is relunctant to come alone so she wants younger son to come along with her. The younger son is currently not working.

My mom has got here visa but my brother was refused.

Just to paint the picture of what we stated in application. Brother is currently umemployed but was working for a bank from 2005 - 2010, and after been made redundant in may 2010, he had been investigating going freelance and has NO income at present and in the meantime he had been supported by his mother and elder brother. We stated he is travelling with mother who does not want to go alone and as not currently working it’s a good time to go.

He show good ties to india with expensive flat, fixed deposit savings and family members residing in India.

The refusal of entrance clearance wrote :-

THe decision:-

1) You are umemployed, by your own account you have unemployed since May 2010 and have been investigating going freelance but have no income from this at present. It is not clear why given your claims to be trying to establish yourself in business in India you would choose to travel to the UK for 3 months, you have not explained the crediability of making a trip of this type at this time. Consequently you have not demonstrated that you are a genuine visitor who will comply with all the conditions attached to any leave to enter and that you will leave the UK on completion of your proposed visit., (Para 41 (i)(ii) of HC 395 as amended)

2) You have said you are dependant on your elder brother but have not evidenced his employment or show that he is funding you. You have not shown how you are supported here in India.


3) It is your responsibility to satisfy me that your personal circumstances in india are such that if granted leave to enter you will abide by all the conditions attached to any such leave and that you will leave the UK on completion of the proposed visit but you have not done that because you have not submitted sufficient evidence to demonstrate what your personal and financial and financial circumstances may be. I am therefore not satisfied that you intend to leave the Uk at the end of your proposed visit or that you are genuinely seeking entry as a visitor for period not exceeding 6 months ( para 41 (i) (ii) of HC 395 as amended)

I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all the requirements of the relevant paragraphs of the the united kingdom immigration rules.

Based on above what advice can someone give???

Also is it best to do another fresh application and answer these points rather than doing an appeal?

[geriatrix]

IMHO, your brother should apply again .. and in addition to covering the grounds on which he has already been refused, he must also provide compelling evidence(s) of strong ties to home country.

[sva19]

Thanks sushdmetha.

Covering the ground for refusal would this be ok:-

For point 1 :- I think all we can say that freelance is still not taken off and as quiet it a good time to accompany mother to visit Uk and that it will not impact on the business and also he does have 1 other partner to keep thing running as well??? He cannot provide any further document evidence of income as still there None.

Anything else?

For point 2 :-
We clearly sent his brother bank stated which were in the mother application showing that the mother takes out money for his account to run the household budget and we stated on the form that my brother is supported by mother who in turn get money from her elder son). May be we need to show clearly this arrangement again.

Could I show elder brother bank statements, which would show that mother withraws money from this account which is used for household budget. My mother uses this to support the brother whois applying.


Stong ties - show the property, fixed deposit, family, mediclaim policy, car etc.... again...

FYI the application process took 14 working days for mom and 16working days for brother.

[sva19]

We submitted the 2nd application covering off the points, but it was rejected again.

The 1st failure included the point brother work evidence was not submitted. This time we submitted it but still they wrote " Brother work evidence not submitted".

It seems like generic wording that they not really looking at the application and the covering letters with the points!!!!!


Anyway my question on Appeal.

Do we here in Uk complete the appeal form and posted it in the UK, do we need all the document evidence they submitted? Original or Copy?

thanks

[geriatrix]

See also 5. Refused entry to the UK (out of country appeals)

[sva19]

Hi sushd metha

Thanks for link .

The visa was tourist visa is the link provided still correct as it appears to be for other stuff??

My understanding is appeals go to Loughborough??

Just wanted to check if all docs are required to be submitted with appeal form??

Also I think there 2 form of appeal - in writing or oral before judge which should one chose

Thanks for help

[geriatrix]

See also
1. APL3.1 Which applications attract a full right of appeal?
2. APL1.3 Making an appeal.
3. IAFT-2 form and IAFT-2 Guidance on completing.

[batleykhan]

Hi sushd metha

Thanks for link .
The visa was tourist visa is the link provided still correct as it appears to be for other stuff??

There is no right of appeal for a tourist visa. Only for family visitors visa


My understanding is appeals go to Loughborough??

Just wanted to check if all docs are required to be submitted with appeal form??

Also I think there 2 form of appeal - in writing or oral before judge which should one chose

Thanks for help