Visitor visa refused - what to do next?

[aminmdh1010]

Dear All,

I am writing this on behalf of one of my neighbors. He is a British citizen and his wife is expecting their 4th child within a month. Their other children are aged 10years, 3 years and 1 year, respectively.

To help in the early days of the new born, he applied for his mother-in-law's 6 months Visitor visa.

In his sponsorship letter he has committed to bear all the expenses while his mother-in-law is in the UK.

His mother-in-law has shown a business in Bangladesh and transactions in her account. She has got a property under her name. Along with the application, she has provided her husband's and son's ID documents with whom she lives in Bangladesh. So, sufficient ties to return, after the visit, should be anticipated.

However, unfortunately, her visa application got rejected.

The following are the reasonings shown by the Case worker.
------------------------------------------------------------------------
REASONS FOR REFUSAL
You have applied for a visa to visit the UK.
In deciding whether you meet the requirements of Appendix V: Visitor of the
Immigration Rules (www.gov.uk/guidance/immigration-rules/i ... -v-visitor), I have considered:
 your application and any additional relevant information you have provided with it
your immigration history

The decision
I have refused your application for a visit visa because I am not satisfied that you
meet the requirements of paragraph(s) V4.2 – V4.6 of Appendix V for the following
reasons:
 You state you will be travelling to the UK for 5 months and 19 days to visit your
daughter. I acknowledge the importance of this visit to you. The onus is on you to
qualify for entry clearance based on your own circumstances and your own
intentions. You have said that your son-in-law will help you with this visit by paying
for your maintenance and accommodation whilst you are in the United Kingdom and I
am satisfied that they are in a position to do so based on documents provided. While
I take that into account in assessing your proposed maintenance and
accommodation in the UK, this is only one aspect of the visitor rules and this
sponsorship does not satisfy me of your own intention to leave the UK on completion
of your visit.
 You state that you are self-employed earning BDT 2,000,000 (£14,871) per year. In
support of your application, you have submitted your trade licenses, property
documents and your personal bank statement (account number ending 764). Whilst I
acknowledge that you have provided a trade license to show you are operating a
business, I note that this document in isolation does not demonstrate that you are
personally earning your yearly income from self-employment, as stated in your
application. I also note that there are a number of unexplained deposits being
credited no your account. Having reviewed the documents you have submitted, I note
that they do not demonstrate the source of these deposits. Furthermore, I note that
your account balance is volatile and that you regularly deplete your funds. This would
indicate that your finances are subject to greater demands than you have set out on
your application form. Therefore, I am not satisfied that your financial circumstances
are as set out in your application, which undermines the credibility of your application
to the extent that I am not satisfied that you are genuinely seeking entry as a visitor
or intend to leave the UK at the end of your visit.
 I have considered the documents and information submitted in your application; and
on the balance of probabilities, I am not satisfied that you have accurately presented
your circumstances or intentions in wishing to enter the United Kingdom. This
undermines the credibility of your application to the extent that I am not satisfied that
you are genuinely seeking entry as a visitor or intend to leave the UK at the end of
your visit. Your application has been refused under paragraph V 4.2 (a) (c) of the
Immigration Rules.
Rate of exchange approx. £1 = BDT 134 (reference www.oanda.com on 13/06/2023)

NEXT STEPS
In relation to this decision, there is no right of appeal or right to administrative review.

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Any suggestion for the way forward will be highly appreciated.

Best Regards,
Amin

[meself2]

To help in the early days of the new born, he applied for his mother-in-law's 6 months Visitor visa.

Did you mention that in the application? That might be considered of taking the job of a tax-paying British nanny.

You state you will be travelling to the UK for 5 months and 19 days to visit your
daughter.

This is an extremely long visit. I would not expect any application with that amount of time stated to be spent to be successful. You need to look at it from the British visa officer's mindset. You don't visit your friend for half a year on the usual.

His mother-in-law has shown a business in Bangladesh and transactions in her account.

What's the business about (in general)? She would be better off explaining the sources of the transactions. For example, if she rents out a flat, if she has a contract that states the rental income and can show it on her bank account, that would be a benefit, as visa officer would understand where the money comes from.

Furthermore, I note that
your account balance is volatile and that you regularly deplete your funds.

Does she completely withdraw all the money from her bank account regularly?

[Sysy]

Next time maybe try apply for a shorter duration, 3 weeks maybe then once you are in there you can stay longer. 5 months visit would always raise concerns and the officer will try look for reasons to refuse.

[Casa]

Next time maybe try apply for a shorter duration, 3 weeks maybe then once you are in there you can stay longer. 5 months visit would always raise concerns and the officer will try look for reasons to refuse.

A longer stay than the intended period declared in the visa application may well adversely affect further applications in the future. The Case Worker will have considered the visitor visa application on the information given. Requesting a stay of 3 weeks and then returning home after an extended period in the UK can raise a red flag. All information given in visa applications is recorded on the HO system.

[Sysy]

Thank you for this. I had no idea, so if you say you are visiting for 3 days, get a 2 year visa and extent your stay to 10 days that becomes a problem?

[AmazonianX]

Thank you for this. I had no idea, so if you say you are visiting for 3 days, get a 2 year visa and extent your stay to 10 days that becomes a problem?

If such stay is extended to an unreasonably lengthy time. Do note that some may declare in application to stay 4 weeks and end up staying 5months with no consequences on subsequent application while another applicant can try same and be told breaching condition....there is no method to this.

[aminmdh1010]

To help in the early days of the new born, he applied for his mother-in-law's 6 months Visitor visa.

Did you mention that in the application? That might be considered of taking the job of a tax-paying British nanny.

You state you will be travelling to the UK for 5 months and 19 days to visit your
daughter.

This is an extremely long visit. I would not expect any application with that amount of time stated to be spent to be successful. You need to look at it from the British visa officer's mindset. You don't visit your friend for half a year on the usual.

His mother-in-law has shown a business in Bangladesh and transactions in her account.

What's the business about (in general)? She would be better off explaining the sources of the transactions. For example, if she rents out a flat, if she has a contract that states the rental income and can show it on her bank account, that would be a benefit, as visa officer would understand where the money comes from.

Furthermore, I note that
your account balance is volatile and that you regularly deplete your funds.

Does she completely withdraw all the money from her bank account regularly?

1. With reference to the 1st question: Taken from the submitted sponsorship letter
"My mother-in-law, [], is planning to visit to support my family during this challenging time of my wife’s pregnancy along with 3 underaged children to look after." Is there any other better way of wording this one?

2. Regarding long stay: What happens if in the new application, a reduced amount of stay is mentioned? Say, for example, 4 weeks or so? Would it be an issue as it is different from the original application which was 5 months+?

3. Business: The business which is under her name is related to fisheries. As customary in the local community, family run business transactions are often operated from the personal accounts. Does she need to provide the details of all the transactions (ins & outs) individually? She does not completely withdraw all the money from her account but there is no specific pattern in the account transactions as this account is closely linked to the business operations.

What happens if her son-in-law commits to all the trip expenses from plane tickets to everything incurred during her stay in the UK (accommodation and other expenses)? In that case, does she need to show anything in her account?

Thanks a lot for everyone's prompt responses - very much appreciated.

[secret.simon]

1. With reference to the 1st question: Taken from the submitted sponsorship letter
"My mother-in-law, [], is planning to visit to support my family during this challenging time of my wife’s pregnancy along with 3 underaged children to look after." Is there any other better way of wording this one?

"My mother-in-law, [], is planning to visit to spend time with her daughter (my wife) and grandchildren."

2. Regarding long stay: What happens if in the new application, a reduced amount of stay is mentioned? Say, for example, 4 weeks or so? Would it be an issue as it is different from the original application which was 5 months+?

It can be an issue. The mother-in-law should show commitments in her country of habitual residence that will require her returning in 4 weeks.

3. Business: The business which is under her name is related to fisheries. As customary in the local community, family run business transactions are often operated from the personal accounts. Does she need to provide the details of all the transactions (ins & outs) individually? She does not completely withdraw all the money from her account but there is no specific pattern in the account transactions as this account is closely linked to the business operations.

The ECO will expect the personal and business accounts to be separate and clearly demarcated from each other. If she plans to return in the future, the mother-in-law may need to start keeping accounts as a British person would expect them to be, separate accounts for personal and business purposes, with transactions in bank accounts and not via cash.

What happens if her son-in-law commits to all the trip expenses from plane tickets to everything incurred during her stay in the UK (accommodation and other expenses)? In that case, does she need to show anything in her account?

One of the purposes of providing accounts is to demonstrate that the applicant has something to go back to and that they are not wholly dependent on the British sponsor (otherwise what is there to stop them from coming on a visit visa and not bother going back, as the British sponsor will look after them here?).
The mother-in-law needs to demonstrate that she has a viable life back in her country of habitual residence and that she is not financially dependent on her British sponsor.

[vinny]

1. With reference to the 1st question: Taken from the submitted sponsorship letter
"My mother-in-law, [], is planning to visit to support my family during this challenging time of my wife’s pregnancy along with 3 underaged children to look after." Is there any other better way of wording this one?

"My mother-in-law, [], is planning to visit to spend time with her daughter (my wife) and grandchildren."

Yes. Good wording.

Don’t forget that visitors may have a problem with childcare purposes.

[THO]

If it has already been stated that she will be providing child care, the ECO will very likely not accept a change of reason, to simply wanting to visit her grandchild and daughter. He will consider that a lie (and he will likely be right about it) to try to overcome your inadvertent admission made in your previous application.

A visit visa does not allow for work of any kind, paid or unpaid and they consider helping her daughter with the child as work. It's really rather stupid, since if she had said just visiting in the first place, it might have been granted, as if the mother would not help with the child while she was there.

Secondly, reducing the amount of time from months to weeks might also raise alarm bells, that she just wants a visa, with no intention of returning. Does not help the case IMHO.

I sadly feel that future applications are also likely to result in refusal. You may feel the refusal is based on the financial side of things, overcome that fully on your second application, only to be refused again because of length of stay or reason for being there, I think she is now in a hard place to overcome the result, and should wait a few years before applying again.

To be fair to the ECO, we have numerous examples of people on this board who have come to the UK on one type of visa and then not gone back, and are desperately asking for advice on how to avoid being returned, so the ECO has a tough job to do, and each application must provide very compelling evidence that the applicant will return.