Domestic Woker Visa Refused

[mr_danny]

Hello All,

Firstly great community jobs all of the people answering - Thank you & God Bless.

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I am on HSMP to the UK since ONE year. My family didnt traveled with me but went back from uk after a few days, because I didnt have a job/house anything.

Now God willing I'm settled here, just formed a small company and hope to do well. I never used any income support/also didnt have any earnings, but had enough saving and fed/lived of it.

My maid has been working with us for the last 3 years. But when we applied for her domestic visa recently it was rejected and the reasons were:-

1. Employer Funds not shown
A. I have now secured letters from my solicitors that clearly show that I've purchased a business from xyz and the business has had a history of net profits of a decent amount. Hence I will be making that monies now.

2. Me and my family MOVED to the UK since last year, so she has NOT been with us for the last year and hence un-eligable for domestic worker visa.
A. My family went back home in one month obviously because it was HSMP and I had no idea of what and how was i going to settle down. So the maid was all the time with them. She even traveled on a HOLIDAY abroad with the in one year (after their depature from uk) the passport as clearly showing arrivals/depature stamps.

3. She was sponsered by my company as they were paying her on my behalf as a part of the arrrangement of my salary pakage with them, hence they had her employed under company visa which had a title of OFFICE CLERK.
A. My x-company has confirmed that I was in the top hirarcy and she was a part of the pakage of my salary and that she was paid by ME.

I have applied for her APPEAL and the hearing is next month. My wife has a physical condition and my son recently HAD a FRACTURE. I know its tough sometimes, so can some one please advice.

I think its not a world for honest men sometimes or wot?

Thank you in advance guys - keep it going God Bless

[Mr Rusty]

"I think its not a world for honest men sometimes or wot?"

Is that the point on which you are seeking advice - or wot?

One has to query whether someone who puts his maid on the company payroll and calls her an office clerk, doubtless for some tax or visa fiddle, qualifies for admission to the world of honest men. It is entirely understandable that an ECO would have doubted whether this application is genuine.

I hope you've hired a good lawyer to persuade the judge to the contrary.

Then again, perhaps you'll have to tough it out over here without a maid, like the rest of us.

[mr_danny]

In the country i used to live, there was no such thing as a Domestic worker visa for the company. So I had to accept what the company gave me.

I dont think the ECO is wrong, I should have submitted more documents and requested for an interview on conditions if he had a doubt.

But wots done is done, I dont know what to say on the hearing day? Can you advice me? Should I take my challanged wife/fractured 3 year old to the hearing - I know its not the best of ways, but really I need her to help me at home.

Help Please..!

[Mr Rusty]

In the country i used to live, there was no such thing as a Domestic worker visa for the company. So I had to accept what the company gave me.

I dont think the ECO is wrong, I should have submitted more documents and requested for an interview on conditions if he had a doubt.

But wots done is done, I dont know what to say on the hearing day? Can you advice me? Should I take my challanged wife/fractured 3 year old to the hearing - I know its not the best of ways, but really I need her to help me at home.

Help Please..!

Fair enough.

I'm not sure that parading your wife and child in front of the judge will help you much (a) because medical reports on their condition would be what he really needs to see and (b) because he could conclude that whatever assistance they need could be provided in this country anyway, albeit at higher cost to yourself.
Maybe your case turns on whether the ECO could have reached a different decision if he had been in possession of the fuller evidence you say is available. I stand to be corrected, but I believe that caselaw allows you to present such evidence.
But you really need to take the whole thing to a good immigration lawyer, accept his advice and let him present the case for you.

[mr_danny]

Thank you Sir