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urgent - visitor visa refused

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hsmp2006
Member
Posts: 125
Joined: Sat Aug 19, 2006 7:04 pm

urgent - visitor visa refused

Post by hsmp2006 » Sat Nov 01, 2014 8:18 am

We applied for 2 years multiple entry visitor visa for my mom which was refused. Contents of refusal letter:

I have used all the information provided by you to determine if, on the balance of probabilities, the
Immigration Rules have been met.

The Decision

• I must take into account your personal and economic circumstances in India when coming to
my decision. It is your responsibility to satisfy me that your personal circumstances in India
are such that if granted leave to enter, you will comply with all of the conditions attached to
any such leave and that you will leave the UK on completion of the proposed visit

• I have carefully considered the circumstances surrounding your application and considered
the evidence provided and written statements you have made. However. I am not satisfied
that these outweigh my concerns when considering your application against the relevant
requirements of the Immigration Rules.

• You have applied for entry clearance to the UK in order to visit your son for 3 months; I note
you have previously visited the UK. I acknowledge the importance of family visits and note
you have submitted sufficient documents from your sponsor in support of your application.

• I note you have not submitted sufficient evidence in support of your application. Al question
68 you state you earn a monthly income of £150 from savings and investments; however
you have not provided any evidence in support of this claim. I note you have submitted a
Chartered Accountant letter to confirm income. property ownership however without further
sight of any evidence I cannot be satisfied your circumstances are as claimed.

• 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 41 (0 (il) of the
United Kingdom Immigration Rules.

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

----------

I see two main reasons behind this refusal:
a) As per Section 41 (i) (ii),

41 (i) "is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and"
41 (ii) "intends to leave the United Kingdom at the end of the period of the visit as stated by him; and does not intend to live for extended periods in the United Kingdom through frequent or successive visits; and"

Since we applied for 2-years multiple entry visa, ECO is probably concerned that we may violate above sections.

b) We didn't include any evidence for my Mom's financial status as well as strong reasons why she would return to India (such as own house, pension income, extended relatives and more importantly the fact that she spent all of her time in India). We thought since her previous application to UK was successful as a Family Visitor (without including any of above documents), we felt its not necessary this time. However, looks like ECO is acting tough now-a-days.

We are planning to re-apply for 6-months general visitor visa, include original proofs for the docs highlighted by ECO and prepare a detailed covering letter why she would return to India. Can the Gurus comment whether it is going to be sufficient please?

p.s: The sponsor still doesn't have ILR and hence my Mom can't apply for Family Visitor Visa.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: urgent - visitor visa refused

Post by Lucapooka » Sat Nov 01, 2014 8:57 am

Showing that you, as the sponsor, have money while showing nothing for the applicant is a common mistake. You could a millionaire but in spite of this, without having strong social and economic ties to the homeland, anyone you sponsor might be refused.

Additionally, applying for a long-term visit visa predisposes the applicant to have the lifestyle and financial capacity to travel often during that period, rather than travel once. If the applicant does not look they might be a regular traveller, there is no need for a long-term visa and it will not be granted.

So, apply again for a six month visa showing everything that relates to her social and economic ties in addition to your own financial support. You might include a letter explaining why you omitted these from the previous application (that being you assumed your money was all that was necessary in light of her previous successful application).

hsmp2006
Member
Posts: 125
Joined: Sat Aug 19, 2006 7:04 pm

Re: urgent - visitor visa refused

Post by hsmp2006 » Sat Nov 01, 2014 10:50 am

Thank you very much Lucapooka. Appreciated.

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