Family Visit or General Visitor??

[alazani28]

Hello,
My wife is applying for a visit with me to go to the United Kingdom (england) for 2 months. I am British Citizen and she is Yemeni Citizen but she has the Permit to stay in Romania till 2016. I am student here and we got married 1 year ago in Yemen and I brought her to Romania now she has the Family permit. I cannot apply for EEA to UK because I am not working. Therefore We are applying for a visa. One of my distant family members sent all the documents as a sponsor for my wife ( bank statements, wage slips, invitation letter, accomodation letter, passort picture) but the problem is the person who sent these letters as a sponsor is a distant relative to me but not to my wife. So can we apply for a FAMILY VISITOR or a GENERAL VISITOR, because she has been refused twice once because she didnt have the family permit in Romania as she only has 3 months visa to Romania, then I was told to apply for the EEA to UK but they refused because I am not working as I am student.
Therefore we want to make it perfect,
WHICH VISA to apply for: FAMILY VISITOR or GENERAL VISITOR

THANK YOU

[Lucapooka]

Family visit is limited in its scope. What are you defining as distant relative? You can see how the UKBA defines relatives for this category here:

To come to the UK as a family visitor, you must be able to show that you will be visiting the following family members in the UK:

your husband, wife, civil partner, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece or first cousin (the son or daughter of your uncle or aunt);
the father, mother, brother or sister of your husband, wife or civil partner;
the husband, wife or civil partner of your son or daughter;
your stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister; and/or
a person who has lived with you as an unmarried couple for at least 2 of the 3 years before the day when you apply for entry clearance.

[alazani28]

She will be with me visiting my parents and my sisters and brothers (her in-laws) but the sponsor is a distant relative to me. Nothing to her but her trip is to visit her in laws not the sponsor. even thought he has provided his accomodation but the main purpose is to visit my mum and dad. So is this a reasonable statement for the FAMILY VISITOR VISA or does it have to be related to the sponsor?

[Lucapooka]

You can visit a family member with a family visit visa and take sponsorship from a third-party. You'll need good paperwork to show the various links.

[alazani28]

thanks. What paperworks is needed. can you please explain.
He has sent the banks statements, invitiation letter, sponsor letter, letter from work to stay where he works.
Ca you clarify please

[Lucapooka]

Evidence of the genuine nature of an offers that are extended by your sponsor. Evidence of your family member living in the UK.

[alazani28]

Evidence of the genuine nature of an offers that are extended by your sponsor. Evidence of your family member living in the UK.

What do you mean by the first one ''Evidence of the genuine nature of an offers that are extended by your sponsor''.

[Lucapooka]

If someone is offering to pay for your subsistence (feed and accommodation you), or pay for your travel, the UKBA will want to know that the offer is genuine and will ask that you present papers and documents that may verify this. Especially so if that person is not the actual person you intend to visit.

[alazani28]

And how do we do that he already sent a letter to clarify this stating that he will pay for everything and provided his bank statements.
One more thing:

The sponsor sent the bank statements with the pages numbered from 1-12.
but the last amount only shows 12.50 British sterling pounds but throughout the statments it shows large sums being deposited to his bank account ranging from 1000 GBP to 3000 GBP does the 12.50 GBP matter because he has regular deposits or will it be a problem.

[Lucapooka]

It depends why he had a closing balance of only 12 pounds. Is this usual and regular or is there a particular reason in that particular month? A guy who gets 3000 per month but regularly spends it all on his own outgoings and only has 12 remaining each month is not in a position to sponsor a person to visit the UK. That implies he can only afford to give you 12 pounds! He is not even a relative so you have to make sure your sponsor is a reliable sponsor.

[alazani28]

he had a lot of outgoings that month and he has another account where he sends to this account to bring it up. but he can go over the limit by 2000 GBP and he always brings it back to positive...so will this affect it...
Also he sent that we will live in his house a letter but no tennency agreement like letter from housing? Is this ok?

[Lucapooka]

but no tennency agreement like letter from housing? Is this ok?

Normally it would for a family member but from a third party it might not. The ECO may take an arbitrary decision based on the fact that this person is not the family member you are actually visiting and can't be sure he is reliable. Like I said earlier, if you yourself, or your family member in the UK, don't have funds, and you are relying on the benevolence of a third-party, you have to make sure everything is completely in order.

[alazani28]

Ok... can i get my father to send a letter to say we will live with them and show tenency contract. But the sponsor still being the third party. can that be ok? Also can they send a scanned copy?

sorry for all this, it is because she has been refused twice and I cant bare her being refused again. I want everything to be perfect.

[Lucapooka]

Yes, your father can accommodate you but a scanned copy usually will not work.

Frankly, you are going about this from the wrong perspective. Her visa being granted is a direct function of your (not her) ties to Romania, and that is what you have to prove. What do you have in your present location that will motivate your return, rather than remaining in the UK (because you can, because you are British) and your wife remaining there with you? It's all about you!

[alazani28]

Well I am studying here General Medicine I am in 4th year so I still have 2 years. And she has the permit till 2016. So that has her tied to Romania for another 4 years.

[Lucapooka]

Okay that's great but only if you don't leave your course. You may arrive in the UK and think, stuff that, I'm staying here. You have no money and it's Romania (so not the garden spot of Europe)! I'm not insulting you: I'm telling you what the ECO is trained to think about! And he has already thought about it and refused it twice.

[alazani28]

I know but spending 4 years doing medicine then saying stuff it, thats crazy. I know where you are coming from. They have a crazy thought... thanks anyway you have been amazing help

[alazani28]

Another point to ask.

1) I have around 900 GBP in my account can this be in support to my wifes visa?
2) Also for the accomodation the sponsor only sent invitation letter
stating we will live at his address mentioning the address but not showing and documents like utilities to show his name and the address on them.

Is this needed

[Lucapooka]

1) Yes, that will cover your flights so don't expect it to add lustre to your maintenance requirement during your stay.

2) Repeat question previously discussed in this thread. A gas bill in his name is worthless; your sponsor would normally need to provide a tenancy agreement or title deeds.

[cs95tdg]

1) I have around 900 GBP in my account can this be in support to my wifes visa?
2) Also for the accomodation the sponsor only sent invitation letter
stating we will live at his address mentioning the address but not showing and documents like utilities to show his name and the address on them.
Is this needed

1) What is the £900's you mention above in aid of? If it is to show that she can maintain herself during her stay in the UK then I don't see it being a problem. But if you haven't already read the supporting documents required, do take a look through the following: For Information about finances take a look through pages 1-2.

http://www.ukba.homeoffice.gov.uk/sitec ... sitors.pdf

2) I have in the past successfully applied with family sponsorship, with a letter + proof of finances (both applicant & sponsor). But as the sponsor in this case is not a close relative, I'd advice you to get more than a letter or utility bill as proof of accomodation sponsorship.

From past personal experience (after having applied for many UK visitor visa's), there are several key aspects that are looked at when deciding whether to grant a visit visa or not. I can see that you have considered the first below, but based on the information provided in this thread, I can't see that you have really considered what evidence you are going to provide for the second point.

1) Applicants ability to maintain themselves for the duration of their visit. This will include things such as your finances, proof of accomodation. This can be either or a combination of personal finances, accomodation booking confirmation, sponsor finances, sponsor accomodation etc...
2) Applicants intent to leave the UK after the visit. The usual & easiest way to prove this is by showing their ties to the country of residence. The evidence will vary depending on whether you are working, retired, studying etc... I agree with the post below. Have you thought more about how you are going to convince the EC officer that the both of you will return to Romania after your visit? Additionally what were the reasons for your wife's previous EC rejections?

Frankly, you are going about this from the wrong perspective. Her visa being granted is a direct function of your (not her) ties to Romania, and that is what you have to prove. What do you have in your present location that will motivate your return, rather than remaining in the UK (because you can, because you are British) and your wife remaining there with you? It's all about you!

[alazani28]

thanks for the reply.
Well the money is in my bank account and is for both me and my wife, the tickets to UK from Romania are very cheap. So only like 200 GBP is required for both of us.
For the ties to Romania, well I am studying Medicine in October I will be in 5th year and also I have tennency agreement with landlord and my wife has the Family permit to stay in Romania till 2016 so is that enough?

the previous refusals were:

1) She came to Romania and had a 90 day visa in Romania and we wanted to go to UK for christmas so was refused as she has only a 90 day visa in Romania.

2) She then got the 5 year family permit and we were advised by the British counsilit in Romania to apply for EEA family permit visa to UK but was refused because I am not working as I am a student so these were the refusals.

[cs95tdg]

Well the money is in my bank account and is for both me and my wife, the tickets to UK from Romania are very cheap. So only like 200 GBP is required for both of us.
For the ties to Romania, well I am studying Medicine in October I will be in 5th year and also I have tennency agreement with landlord and my wife has the Family permit to stay in Romania till 2016 so is that enough?

If you read the guide to supporting documents, there are many documents you can provide. I personally have never applied for a UK visit visa while studying, so can't give you a clear "yes" or "no" answer to this. But if asking for my personal opinion, I'd say you will need more evidence to show your ties to Romania & also to prove your ability to maintain (finances) yourself while in the UK.
In case you haven't already read the following, do get that letter. Additionally does your wife work in Romania (letter of leave of absence from employer)? While your ties are a key part of your wife's application, if she has ties to Romania then that will certainly help her application as well. Just start thinking of the ways you can prove your intent to return from an outsiders (ECO) point of view.
 a letter from your education provider on headed paper –confirming your enrolment and leave of absence
If you are visiting for 2 months I'd say you need to consider what a reasonable amount is for your stay in the UK for the duration. An EC officer certainly will.

[alazani28]

so confusing, I think I have reached the stage of depression.. lol

well she is a house wife so she does not work. My parents support me financially and thus also support my wife. I have the letter from the university stating I am a student in which year and how long I still have so that I will submit.

[alazani28]

can a 3rd party act as a sponsor and my family act as the people who will provide accommodation? or only one can do both?

[Lucapooka]

You can visit a family member with a family visit visa and take sponsorship from a third-party. You'll need good paperwork to show the various links.