This is regarding my father who is 72 years old, widower (Indian Citizen) has 2 kids (Daughter – myself (living in UK) and Son – Irish Citizen).
I am living with my husband and child in UK (Indian Citizen).
My dad visited my brother (Irish Citizen) in Ireland on a 3 months Visitor Visa in Feb 2014, after my mum passed away in Dec 2013. As Dad was alone in India, no children to look after him. My brother being an Irish Citizen, tried to apply, seeking extension of visitor permission for Dad while dad’s stay in Ireland.
Dad’s visa was expiring in May 2014 and my brother applied for the extension permission in April 2014.My brother showed that Dad was incapable of living alone in India and had a heart condition, so, requested to grant the permission to stay. But, Dad was not granted the permission to stay back. The first reply to Dad’s application came in July2014, in which he was refused to stay.
My brother requested to review the application again on humanitarian grounds, and received another letter in AUG 2014 from Irish immigration and Naturalization services(INIS), asking to produce some more details of my brother’s financial status, dad’s current medical report and some more details, which he provided straight away. But, after this he received a letter in November 2014, saying that my brother’s salary was not high enough to meet any foreseeable expenses, as in the case of an elderly dependent parent. Following letter was in November end stating that dad needs to leave the country. It was stated in the letter that if he leaves Ireland voluntarily, he may apply to come back to Ireland in future on a Tourist Visa. .
It took 9 extra months, from the visitor visa expiration date of May 2014, to do all the correspondence with the Irish government and after being refused, dad voluntarily returned to India in Jan2015. Dad was not deported from Ireland, he went back voluntarily.
He applied for his UK general visitor visa in Aug 2015 from India, to visit his daughter here in UK. In Sep 2015, he got the refusal letter mentioning the reason as, the authority is not convinced that Dad will go back to India as he has not shown that, he had any extension granted in Ireland for his extended stay and he has overstayed by 9 months (no mention of the reason to stay back at Ireland) and also he is a widower.
And, along with this, he has not shown any social connections of him back in India. So, the authority is assuming that his daughter and son in law have decided to accommodate him and the authority is not sure about his intentions of going back to India. Visa officer did not raise any objection on the financial side of Dad and his son in law.
I am attaching the paragraph from the refusal letter from the UK authority here (extract from the refusal letter provided by UK visa officer)
I have refused your application for a visit visa because I am not satisfied that you meet the requirements of Appendix V immigration rules for visitors.
You state you wish to enter the UK for a period of six months to visit your daughter.
Whilst I understand the importance of family visits 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 acknowledge that your sponsor in the UK has offered to accommodate you during your proposed trip and I acknowledge the documents you provide from them along with your application. I also acknowledge that you submit a bank statement in your own name. However, your sponsor is only one element of the application and it is your own circumstances in India I must also take into consideration.
• Your passport is endorsed with an Irish visa issued on Janaury 2014. You subsequently entered Ireland on 4th February 2014. Your passport was endorsed with a manual stamp indicating you had permission to be in Ireland only until May 2014 and you have not submitted evidence that you had any form of visa extension during your time in Ireland. You re-entered India in Janaury 2015. It appears that you overstayed your visa in Ireland for a period of nine months.
• I note that you propose to fund your own trip and have the funds to do so, but I am obliged to consider your intentions whilst you are in the UK. I note that you are a widower and you have a son in Ireland and your daughter in the UK. Your bank statement indicates that you have an income from sources other than your children but you have not submitted any evidence of having ties or commitments, particularly social ones in India which indicate that you would leave the UK before the expiry of your visa. This is of particular importance in your case, given you previously overstayed your visa in Ireland. I am therefore not satisfied that you will leave the UK at the end of your visit.
• After having considered the above, I am not satisfied that you have shown that you intend to leave the UK at the end of your visit, that you are genuinely seeking entry for a purpose that is permitted by the visitor routes and that u will not undertake any of the prohibited activities set out in v4.5-v4.10 (v4.2 (a) (c) and (d)). Your application for a visit visa has been refused under paragraph v4.2 (a).
Future applications
Any future UK visa applications you make will be considered on their individual merits, but they may be refused unless:
• Your personal circumstances change significantly between now and your next application.
• You provide compelling new evidence with your next application.
In relation to this decision there is no right of appeal or right to administrative review.
Dad applied for a family visit visa of Ireland in Feb 2016, after a year when he left Ireland in Jan2015. This was also refused though, he covered all the points this time, mentioning his own house and rented flat in India as his obligation to go back. He also covered the family ties showing that he is well connected to his brothers and sisters in India with their residential proofs. And he also showed his latest medical check-up report from a very reputed hospital in India, as the proof of his good health. This was to show that he is in good health and living independently in India. (He showed this specifically because, earlier when my brother had asked for a long term extension of Dad’s visa, he had mentioned that dad has cardiac problem and won’t be able to live alone in India).
To clarify our previously mentioned points, in the request for long term extension, dad covered all the points of social ties, family ties and he also showed his free lifetime medical cover from his Government company, where he worked before his retirement (this was shown to convince the visa officer, that he will go back to India for this free medical cover, which he will not get at Ireland).
He tried his best to cover all the points to assure the visa officer that he will go back to India on the expiry of his Ireland Family Visit visa and has no intentions this time to stay back at Ireland.
Still the Family Visit Visa was refused.
He is given the right to appeal (administrative review) in this refusal and he needs help regarding writing a convincing letter to the visa officer.
Extract from the Ireland refusal Letter
IH:- Immigration history of applicant
OB:- Obligations to return to home country have not been deemed sufficient
OC:- Condition - The applicant may branch into the Common Travel Area
between Ireland and the UK.
OC:- Condition - The applicant may overstay following proposed visit.
OC:- Observe the conditions of the visa - the visa sought is for a specific
purpose and duration:- the applicant has not satisfied the visa officer that such
conditions would be observed.
Please find below the covering letter which was given along with the visa application form for Ireland Family visit visa:
My name is XXXXXXX.
I intend to visit my son xxxxxx and his family for about 2 months, who are Irish Citizens. I will stay with them at xxxxxxxxxxxx. I am enclosing invitation letter from my son, for your reference.
I assure you Sir that I will observe the conditions of my Visa and would not become a burden on the state. I will leave the state before the expiry date of permission to remain.
I had visited Ireland in February 2014 under the tragic circumstance, as mentioned below. My wife’s sudden death in December 2013 was a traumatic experience for the whole family. Because of this, my family members in India advised me to spend some time with my son and grandchildren at Ireland, to overcome the grief. So, I travelled to Ireland in February 2014. This untimely death of my wife was an irreparable loss and to be with my son and grandchildren, we requested on humanitarian grounds for the appropriate Visa to continue staying at Ireland. However, the permission for the same was not granted and I returned voluntarily to India. (Enclosing the voluntary return acknowledgement letter for reference from the Irish Naturalisation and Immigration Service (INIS)).
It’s now over 2 years since my wife’s demise and I have settled back in my day to day routine and living an independent life again. I am well connected to my family (brothers along with their family residing in the same city) here in India. I have my own house and other properties in India (details attached). As regards to my medical condition, I had detailed medical check-up at xxxxx Hospital (xxxxxx), in June 2015 and all the test results were in the normal range. (Discharge Summary is enclosed for your reference)
I am listing down various factors which would reiterate my commitment of returning back to India, on the completion of Permission to stay at Ireland.
a) I have to look after my house which is my residential address, copy enclosed.
b) I have one flat in the name of my wife (expired), which is rented out. New tenant to be fixed or old agreement to be renewed. Copy enclosed.
c) I have my brothers and sisters in India, with whom I am in constant touch and we support each other in ups and downs of day to day life as per circumstances. Their letters indicating the close family ties are enclosed.
d) I have free lifetime medical cover for any critical disease from my Ex Employer, in reputed hospitals like xxxxxxHospitals etc., across various cities in India. This facility can be availed only in India. Medical Card copy enclosed.
e) I give honorary service as Cashier to committee of xxxxxx in my city, for day to day accounts (letter enclosed).
In August 2015, I applied for Tourist Visa to UK, which was refused (letter enclosed), on the basis of social ties not shown and no reason for overstay in Ireland. I wish to mention that, at that time due to lack of knowledge I was not aware that, to assure the UK Visa Officer of my return back to India, I was supposed to produce any social ties to my home country. Furthermore, I didn’t know that my stay at Ireland would be considered as overstay, as I was in correspondence with INIS for my stay and subsequently, I returned voluntarily from Ireland. Hence, I didn’t produce any documentation related to my Ireland visit, in the UK Visa application. I was not given any right to appeal, which didn’t give me any opportunity to provide the response for the above mentioned points.
I have tried my best to explain all the points, any more clarifications needed in any area, I would request you to contact me and I should be able to answer them. Once again, I assure you that I will observe the Visa conditions and return to my country, before expiry of date permitted to remain in Ireland. I hope this satisfies you, to issue me Family visit Visa to Ireland.
Thanking you
Your’s faithfully
Any suggestions to make this appeal successful, is greatly appreciated by the whole family.
What else could be shown as obligations to go back to India other than the above mentioned reasons, as he is a retired employee of a Government Undertaking company, has no children in India, is a widower.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
