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Tourist Visa Refused.

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tammy123
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Tourist Visa Refused.

Post by tammy123 » Tue Jan 15, 2013 10:19 am

Hi all,

I wonder if someone could help me with a few questions. My brother in law applied for a visit visa to the uk but was refused. We now have the right to appeal. His home country is Yemen but had to travel to Malaysia as the UK embassy in Yemen is closed. So now we are wondering if we should appeal or submit a fresh application? From the ECO's refusal letter i can see where we missed information and we will provide evidence for all the points brought up by the ECO.

Please could someone advise how we should proceed. I was told yesterday that the waiting time for appeals is 6-12 months!!

Lucapooka
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Post by Lucapooka » Tue Jan 15, 2013 10:29 am

An appeal will take a significant period of time - at least 3 to 6 months or longer depending if the case is sent to the FTT in the UK. A new application, addressing the reasons for the previous refusal, will be emitted in the same time frame as the previous application.

tammy123
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Post by tammy123 » Tue Jan 15, 2013 10:50 am

Would you mention in your new application that you had another application that was refused?

I am thinking we will print of the decision highlight all the points they have brought up and address each one. Would that be ok?

Lucapooka
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Location: Brasil

Post by Lucapooka » Tue Jan 15, 2013 10:52 am

Yes, it's a mandatory requirement to mention any previous refusals.

tammy123
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Post by tammy123 » Tue Jan 15, 2013 11:07 am

But would it be ok to include the ECO's original decision in your application and talk about it?

Lucapooka
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Post by Lucapooka » Tue Jan 15, 2013 11:16 am

You can, if you wish, attached an explanatory letter which addresses the reasons for the previous refusal. However, a new application will be not be restricted to just those points and the ECO will look at this as a fresh application and wish to see each requirement of the rules as being fulfilled as if it were being presented to him for the first time.

tammy123
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Post by tammy123 » Tue Jan 15, 2013 11:19 am

Would it be ok if i posted the refusal on here and let you know what we are now going to include..to see if we have missed anything out?

Lucapooka
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Post by Lucapooka » Tue Jan 15, 2013 11:21 am

I'm sure members of this forum will have helpful comments about your situation.

tammy123
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Post by tammy123 » Tue Jan 15, 2013 11:33 am

This is the decision we have received:

You have stated that you wish to visit your brother and sister in law in the UK for three to four months . You have indicated on your application form that you are unemployed and currently studying a TOEFL course at the Canadian Academy in Yemen. You have stated that you have no income of your own but that your father gives you a monthly allowance of approximately $250. In support of your application you have provided a letter from the Canadian Academy institute signed by the Head Manager and Head Of English in which it stated that they have approved your leave of absence for a period of 5 months between December 2012 and May 2013 . However, you have not provided any evidence of your progression on the course , or evidence that you attending your studies and will be able to resume them on your return . Furthermore , it is not clear how you are able to take such a long absence from your studies for a holiday . Although you have claimed your father supports you , you have not provided any evidence that he gives you funds on a monthly basis or evidence that he is on a position to do so .Furthermore, your bank statement only shows three deposits have been made into your account in the last 7 months , which doesn't corrrespond with your statements on your application form. I note that you have no other income and have submitted no other satisfactory evedience of you personal circumstances . In additon I note that you have no property assets . Giving the lack of evidence of your studies and why you would take 5 months leave and that you have no evidence that you plan to resume your studies at a later date . Coupled with the fact that you have provided no evidence of any income or personal circumstances and that you have no property or assets me to douptnthat you have sufficiently strong economic or social ties to satisfy me that you intend to visit the UK for a holiday only. In light of the above , i am not satisfied on the balance or probabilities that you are genuinetly seeking entry for the limited peroid as stated by you nor that you intend to leave the United Kingdom at the end of your proposed visit as required by paragraph 1 (!) and (!!). I have therefore refused your application because I am not satisfied , on the balance of probabilities, that you meet all of the requirments of the relevant Paragraph of the United Kingdom Immagration Rules .

In addition to what we already provided, we will now be sumbitting the following (to address the specific issues highlighted):

1)Letter from his Uni confirming his attendance and that he is progressing well etc in his course. The letter will also confirm that as his course os modular he can re-commence his studies when he returns from his visit (any leave of absence will not be detrimental to his studies, in fact the teacher has said that a visit to the uk would be beneficial in that he can better practice his English)

2) x 2 character references

3) Letter from a paid work placement he has lined up next year

4) His dads bank statements / letter from his work (he is a high ranking army officer)

Any comments about what else we can include/ what we have missed would be greatly appreciated.

tammy123
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Post by tammy123 » Tue Jan 15, 2013 1:36 pm

Anyone have any comments?? any advice would be really helpful.

wiggsy
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Post by wiggsy » Tue Jan 15, 2013 2:27 pm

do your dads bank statements state that he pays you a cash sum (does he take out $250 every month to give you in cash , if so highlight this on his bank statements...)

it seems you made claims on your application that are doubtful... a parent doesnt deal in "tracing his finances to children"... but perhaps getting him to set up a standing order via aa bank would help... - after all, it would be required to go via the bank whilst you are in the uk :)

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