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Refusal of Entry Clearance

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kuldeep
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Posts: 18
Joined: Tue Jan 18, 2011 5:59 am
Location: London
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Refusal of Entry Clearance

Post by kuldeep » Sat Feb 08, 2014 4:53 pm

Hi All,
I had applied for my Mother-in-law visa on 24Jan 2014 & on 7th Feb we got refusal of entry clearance. I had submitted all the required documents but somehow she got refusal.

Documents & Letter I had Submitted are
Sponsor Letter
Application for Visitor Visa: Mother-in-law name
We, my name and wife name, resident of ..... Address, are inviting Mother-in-law name (Mother of wife name) to visit us in the UK.

We are writing in support of the application of Mother-in-law name for a visitor visa for a period of 2 months to enable her to visit us in the UK. Her planned itinerary is the following:

(15th Feb 2014): Travel from Delhi to London.

(14th April 2014): Travel back from London to Delhi.

We are going to sponsor her visit and pay all the necessary travelling cost and any other expenses that she might incur during her stay in the UK. We give our full assurance that we can support, maintain and accommodate Mother-in-law name without any recourse to public funds. To support our application, the following documents are enclosed:

- Our sponsorship letter
- My bank statements for 4 months
- My salary slips for the last 4 months.
- Copy of my and my wife marriage certificate.
- Mother-in-law name bank statement.
- Documents relating to Mother-in-law name ownership of property in Delhi.
- Affidavit confirming Mother-in-law name is the same person as Mother-in-law name Brar (as mentioned in my wife's name passport).
- Mother-in-law name voter ID to further confirm her identity.

We hope that you find our application satisfactory. We would be grateful if you can kindly issue the visa to her.

Thanking you,

Yours faithfully,

My & My wife name

Sponsorship Declaration

Sponsors Full Name: My & My wife name
Date and Place of Birth (Kuldeep Kumar Arora): DOB & Delhi
Date and Place of Birth (Deepti Arora): DOB & Delhi
Address in UK (For both): ... Address
Sponsor Occupation (Kuldeep Kumar Arora): Employment Address
Sponsors Available Finances: HSBC Bank, £2000

Declaration
We, My name and wife name, undertake the financial responsibility for Mother-in-law name support, maintenance and accommodation in the UK throughout the period of her leave. We also agree to bear all/any cost of medical treatment that she may receive, in case case such a situation arises.


Refusal of Entry Clearance Letter we got it says
You have applied for an entry clearance to visit the United Kingdom for two months, I have considered your application under Paragraph 41 of the United Kingdom Immigration Rules. You can read these rules at:
http://www.ukba.homeoffice.gov.uk/polic ... tionrules/

Guidance that explains the types of documents which, in addition form, might give a visa applicant the best opportunity to show that their circumstances are as they have set out is available at:
http://www.ukba.homeoffice.gov.uk/visa- ... documents/

Exchange Rate of Rs.104 to £1

Any documents you have supplied in support of your application have been considered and recorded. It has not been necessary to interview you in order to reach a decision on your application.

I have also taken account of:
. the financial and employment information as declared by you on your application form
. your passport and travel history
. your family circumstances and
. the supporting documents you provided,

I have used all the information provided by you to determine if the Immigration Rules have been met. In reaching my decision, which has been made on the balance of probabilities, I note the following points:
. You have stated that you intend to visit your Daughter and her family in the UK for two months. I recognise that family visits are important. However, under the UK immigration rules, you must show that you qualify for a visa by explaining your own circumstances and the plans you have for your visit. I must assess the information you have provided about yourself separately from your sponsor’s part of your application. The starting point for the assessment of any visa application is the information contained in the visa application form and supporting documents.
. You appear to be unemployed and had stated that you are supported but you have not provided any credible evidence of how you are supported or who supports you.
. As evidence of your finances, you had submitted your Bank Statement with Axis bank, which shows a closing balance of Rs. 156989.47 on 6.01.2014, however it is not known how you accrued the funds shown on your account. The statement you provided covers only three months, between 07-10-2013 to 06-01-2014. Applicants are advised to provide six months worth of statement, but you have chosen not to do so. I have carefully considered your application and your supporting documents.
. I am therefore unable to assess your financial and personal position and I am not satisfied that you have presents an accurate account of your economic and financial circumstances in India.
. Furthermore, you have not proven that you have any strong social and economic ties to India which would be construed as reason for you to leave the UK at the end of your visit. I accept that you have provided a bank statement and a document titled ‘Agreement of Sell’, dated 28-05-2013, but they are not independent evidence and therefore, do not help us in assessing your circumstances. In making the assessment, I must look at your economic and personal circumstances for the purpose of determining whether you qualify for a Visa and I have to look at the credibility of the intentions behind your proposed trip to the UK
. Based on the evidence that you have presented, I cannot ascertain that your personal, economic and social capacity, as presented, would constitute a strong incentive for you to return to India.
. Given all these, I am not satisfied that you intend to leave the UK at the end of your visit or that you are genuinely seeking entry as a visitor for a period not exceeding 6 months(Paragraph 41(i) and (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 of the requirements of the relevant Paragraph of the United Kingdom immigration rules.

Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002 (http://www.legislation.gov.uk).

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Refusal of Entry Clearance

Post by MPH80 » Sat Feb 08, 2014 10:38 pm

Do you have a question?

kuldeep
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Posts: 18
Joined: Tue Jan 18, 2011 5:59 am
Location: London
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Re: Refusal of Entry Clearance

Post by kuldeep » Sat Feb 08, 2014 11:09 pm

HI MPH80,
I should have been more specific about questions.

Q1. Can we appeal against the refusal?
Q2. They had specified 'Agreement of Sell’, dated 28-05-2013 but actually it was 28-05-2004. They had misread it. & About Bank Statement - Unfortunately, We have given last page of statements which has only 3months statement but money we have in Bank from last 1 year. Can they reconsider our case?

Thanks,
Kuldeep

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Refusal of Entry Clearance

Post by MPH80 » Sat Feb 08, 2014 11:38 pm

Q1 - only under article 8 grounds - and visitor visas rarely qualify for that.

Q2 - you can ask - but I doubt it's going to make much difference - the documentary problems listed is only part of the problem - they aren't satisfied about your MIL's circumstances at all. You should supply 6 months of bank statements and move evidence of your MILs circumstances, such as who she is supported by, how, and evidence of that payment.

Your next application's cover letter should also mention the errors you believe the ECO made previously (e.g. we are including evidence of the 'agreement to sell' for MIL's house, which the ECO incorrectly read as being dated '2013' previously - the correct date is 2004 as evidenced on the original document included).

kuldeep
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Posts: 18
Joined: Tue Jan 18, 2011 5:59 am
Location: London
Contact:

Re: Refusal of Entry Clearance

Post by kuldeep » Sun Feb 09, 2014 1:38 am

Thanks MPH80 for reply,

One thing I want to highlight about Bank Letter - We had also submitted a letter from Bank on their Letterhead with Bank Stamp on it & that says we have money in account from last 6 months.

I agreed we must have submitted all pages of Bank statement but I thought if we are submitting a letter from Bank then we don't have to submit the full statement because they care more about money in bank from last 6 months and for strong social & economic ties to India we had already submitted ownership of property paper which they misread the date of purchase.

Our case mishandled by VFS & their must be some way to appeal against the refusal. Please suggest

Thanks,
Kuldeep

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Refusal of Entry Clearance

Post by Zee ali » Sun Feb 09, 2014 2:21 am

kuldeep wrote:Thanks MPH80 for reply,

One thing I want to highlight about Bank Letter - We had also submitted a letter from Bank on their Letterhead with Bank Stamp on it & that says we have money in account from last 6 months.

I agreed we must have submitted all pages of Bank statement but I thought if we are submitting a letter from Bank then we don't have to submit the full statement because they care more about money in bank from last 6 months and for strong social & economic ties to India we had already submitted ownership of property paper which they misread the date of purchase.

Our case mishandled by VFS & their must be some way to appeal against the refusal. Please suggest

Thanks,
Kuldeep
My polite advise to u is
Apply your MIL visa again.
Who told u that bank letter carries more weight than actual bank statement?????
Pure mistake of your part is when u have 1 year bank statement How could u submit only 3 months bank statement instead.
So now my humble request is
Apply her visa again. If they satisfy with your MIL new application she will get her visa in 2 weeks. Appeal time is nearly 8 to 10 months and as your appeal rights r limited to Article 8 hence difficult for u to win the appeal.
Also show them who r supporting her financially (as she is not working) with supporting documents if u r sending money to her than proof of your income and proof of money transfer, if supported by someone in india than proof of their income and why they r supporting your MIL.

Also do what @MPH80 told u to do .

Regards
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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