Parents visa refused twice - Please help!

[chattokhan]

Hi all,

I am currently on Tier-2 visa living in London with my wife. Our baby is due to arrive this year July and I wanted my parents to be with us during this time. I applied my parents' visit visa last month which was refused based on the grounds of lack of documentary evidence of information provided in the application.

I re-applied this month with all the supporting documents I could have provided but application refused again. This time around they raised objection that you support your parents' back home and they do not have any other independent child who could support them which is why I am not satisfied that your parents are genuinely seeking entry in the UK. Your parents rely on your financial support.

Now I can't do anything to cover that objection because I am their only child who support them financially. Both parents are retired. My younger brother has finished university and got a job but can't demonstrate that he also supports parents because his monthly income is PKR 20,000 and he has only got this job 2 months ago.

My father wants me to apply mother's visa only to satisfy ECO that she has strong ties with Pakistan. However I can't still proof any financial ties. Only thing I can put down in the application is that she will return to Pakistan because her husband is not travelling with her. Do you (anyone) think that it is worth to apply my mother's visa only?

Please help!

[chattokhan]

Hi all,

My parents' visit visa refused earlier this month because ECO was not satisfied with my dad's financial circumstances in Pakistan. I am planning on applying my mom's visa this time as my dad is no longer willing to apply visa again. Can I mention following in the covering letter:

- Circumstances have changed as my dad is no longer travelling along with my mom.
- My mom has no financial ties with home country. She is dependant on her husband and son living with her in home country.
- My mother has stronger social ties with home country than UK because all her family including husband, son, grandchildren, sister, brother live there as oppose to a son and a daughter-in-law in the UK.
- She only intends to visit me for a month or so just to see her grandchild due to arrive this year July.

Do you think there are chances ECO will accept it as a genuine intention to visit UK.

Please help me sort out her visit visa application.

Thank you.

[geriatrix]

You writing anything is completely irrelevant to the application. The "applicant" must provide evidence of strong ties to country of residence to convince the ECO that, on balance of probabilities, the applicant will return to the country of residence.

[chattokhan]

You writing anything is completely irrelevant to the application. The "applicant" must provide evidence of strong ties to country of residence to convince the ECO that, on balance of probabilities, the applicant will return to the country of residence.

Please could you elaborate how is it irrelevant that being all her family lives in Pakistan does not demonstrate her social ties with Pakistan. If it is irrelevant please could help me understand what they really look for that demonstrate social ties with home country? As far as financial ties are concerned, I am not quite sure what should I say here as she is dependent on her husband and son in home country.

[geriatrix]

You are not the applicant, your mother is.
You writing anything doesn't make a difference.
If a cover letter needs to be included, it must be written by your mother, the applicant, not you.

Her being dependent on her husband doesn't prevent her from becoming dependent on her son in UK and remain in the UK for the rest of her life if she is allowed to travel to UK. How will the ECO know that she has no intention to leave her husband and live with her son permanently?

The ECOs need tangible evidence of strong ties. Almost everyone everyone has "family ties" in their country of residence ... but is almost everyone granted a visa?


Do your parents own the house they live in?
Do either of them have savings / income (e.g. - from pension)?

[chattokhan]

Thanks for elaborating it. Just because I am applying on behalf of her so I thought I am the one who need to explain it.

Parents own the property the live in, a portion of the property also yields a monthly income of PKR13,000.
In previous application, I attached the owner documents of properties with valuation document confirming the combined worth of property is around GBP 100K. However ECO said ownership documents do not demonstrate your financial ties. Properties can be sold and funds can always be transferred to the UK. What can you do when ECO come up with that sort of objections. To me it makes absolutely no sense why would a 70 year couple would sell all their property to live illegally in the UK.

My mother has previously been visiting her daughter in Canada and they never rejected her visa. I probably have to give up now on UK visa.

[geriatrix]

I think the biggest mistake made here was the admission that the parents are financially dependent on you - own goal!
This could have been easily avoided.

This will bite again in any UK immigration application they make, unfortunately .... unless you can convince the ECO otherwise somehow.

[chattokhan]

Yes I stated that I send money back home but never said that they are dependant on me. I also attached documentary evidence that they receive monthly rental income from the property and that my elder brother also contribute in the living expenses as they all live in the same property.

I was thinking to apply my mother's visa only as she is so keen to meet her grandchild. But don't think application will be approved this time either even when she is travelling alone. Majority of the people I spoke to said that applying only mother's visa won't make any difference.

[Obie]

I think you could have challenged the decision on Article 8 grounds, which you could do.

I don't believe showing evidence that you support parent should have a negative effect.

If you father is there, it is a strong incentive for your mother to return.

Your mother is hardly going to abandon her husband and stay illegally in the UK, is she really?

[chattokhan]

@Obie I am inclined to agree with you that if my mother travel alone then ECO cannot (or should not) object that she does not have any social ties with home country. She indeed has no intention to leave behind her family for good only to live with me here in the UK. And this is not the first time she is travelling outside Pakistan, as I mentioned before, she has been travelling to Canada, most recently in 2014 October.

Can I challenge the decision? But in the refusal letter they have mentioned that no right of appeal or etc...

[Obie]

A right of appeal can be brought as the matter raises Article 8 point. I don't think the fact that you are not settled should affect that.

[chattokhan]

Thanks @Obei. Sure, I'll read up on that.