Appeal for Parent Entry Clearance Refusal

[yphyu]

Hello,

I am UK citizen and my mother is outside EEA citizen. I had invited my mother to visit me & my brother (with long-stay category). Her visit visa application was rejected due to the two reasons 1) Strong tie to UK and 2) Financial.

First reason was that I regularly supported my mother and going to fund this whole trip. They said that since she now have two children present in the UK and she is wholly reliant on me in UK for her financial support and while she have some immediate family (one daughter and mother in the country) still living in the country. They are not satisfied that she have established that their presence or her circumstances in Burma otherwise, are such that they represent a strong reason for her to leave the UK after any visit there. And they are not satisfied that she is a genuine visitor who intends to leave UK after the limited period as stated by her.

Second reason was given that because my bank statement that we submitted was Joined account (with my husband) which doesn’t have the transaction for salary coming in. And also they were saying that payslip I submitted, they can’t find the employer name, date or even my name (which is incorrect. The payslip is clearly stated with my name, employer name and the date on the top of the payslip).

I am just wondering whether she should appeal the decision or reapply.
If she wins appeal, does it mean visa rejection will overturn so next time when she applies for visa, she doesn’t have to fill out in the form about the rejection?

Or if she has to reapply, how long does she need to wait?

Any suggestion would be really appreciated.

[yphyu]

I decided to appeal and finally received a letter from First-tier Tribunal. But I don't understand the decision.

In the letter of the final page it said:

DECISION
43. The appeal is allowed under the immigration rules

Considerations of an Expense Award:
44. On the 19 December 2011 the First-tier Tribunal fees Order came into force requiring those who appeal to the First tier Tribunal to pay a fees.
The said Fees Order has been long operative by the time that the Appellant lodged the Notice of Appeal.

45. The appeal file shows that the Appellant required to pay (and did pay) a fee of £80. The Appellant's appeal is to be allowed. Therefore this Tribunal makes a fee award of £80 in favour of the Appellant.


What is that mean? Does it mean that my mother visa to be re-issued?

[lynxukauq]

Means two things
1. Your appeal has been allowed so your mother will be issued with the visa.
2. Secondly your fees of £80 will be refunded back to you.

[yphyu]

Great news!! Thank you.

What is the next step is? Do I contact the embassy for visa reissue? I heard it take a long time to issue the visa after the appeal. Is it true?

[lynxukauq]

When did you receive the determination letter? and has HO appealed against the Tribunal decision?

If they have not, then the usual process is you will receive a call in letter from your BHC, to submit your passport for visa stamping. Alternatively you can also send/fax them a copy of the determination letter.

[yphyu]

I received the determination letter yesterday.
Ok, that mean I am going to have to wait 28 days for Embassy to appeal.

Thank you for the clarification!!