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Reapplying for Parents Visa after being refused

General UK immigration & work permits; don't post job search or family related topics!

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syankit7
Newly Registered
Posts: 1
Joined: Wed Jun 19, 2024 6:48 pm
India

Reapplying for Parents Visa after being refused

Post by syankit7 » Wed Jun 19, 2024 7:01 pm

Hello,

I had applied for my parent's UK visit visa in April, but it was refused. I understand there is no cooling off time limit around re-applying but given below situation, can someone please advise when is the good time to re-apply and how to best address the refusal points raised. I had provided all the necessary documents related to showing strong ties back home.

"I have refused your application for a visit visa because I am not satisfied that you meet the
requirements of paragraph 4.2 of Appendix V: Visitor because:
• You have applied for a visa to travel to the UK for 5 months 3 days. The onus is on
you, the applicant, to show that you meet the requirements of the immigration rules
based on your overall personal circumstances and that you will comply with all the
conditions associated with any visa. In order to come to my decision, I have
considered all of the documents you have provided regarding your circumstances.
• I note you state in your application you will be travelling with your spouse. The
information provided in support of your application does not show what family you will
have in your country of residence should yourself and your spouse travel to the UK.
The documents you have provided also do not demonstrate you hold any assets or
property in your country of residence.
• You have also stated that you are mainly dependent on money given to you by family
members living in the UK for the purpose of your visit to the UK. In support of this you
have submitted bank statements belonging to family members in the UK. The
documents you have submitted indicate that you have immediate and extended
family in the United Kingdom. As noted above, the information provided in support of
your application does not establish what family you have remaining in your country of
residence.
• I am therefore satisfied that your ties to the UK outweigh those you have in your
country of residence, and on the balance of probabilities I am not satisfied that you
have demonstrated that you have ties to your home country which would encourage
you to leave should you be granted entry to the UK.
• I am therefore not satisfied that you are genuinely seeking entry as a visitor and that
you intend to leave the UK at the end of your visit. Your application is therefore
refused under paragraph V 4.2 (a) and (c)."

Even for mother, I felt the reasons are not satisfactory.
"• You have applied for a visa to travel to the UK for 5 months 3 days. The onus is on
you, the applicant, to show that you meet the requirements of the immigration rules
based on your overall personal circumstances and that you will comply with all the
conditions associated with any visa. In order to come to my decision, I have
considered all of the documents you have provided regarding your circumstances.
• You have stated that you are unemployed and have declared no personal income.
The information provided in support of your application does not demonstrate the
income or finances of any close family members in your country of residence who
may be supporting you financially. You have submitted what looks to be joint bank
statements displaying your details for an account ending XXXX. However, given these
look to be joint statements it is unclear whether any of these transactions relate to
your own personal circumstances.
• The information provided in support of your application therefore does not establish
your financial circumstances to be as declared or establish how you are supported in
your country of residence.
• I am therefore not satisfied that you are genuinely seeking entry as a visitor and that
you intend to leave the UK at the end of your visit. Your application is therefore
refused under paragraph V 4.2 (a) and (c)."

Thanks.

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Casa
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Posts: 25746
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Reapplying for Parents Visa after being refused

Post by Casa » Wed Jun 19, 2024 10:20 pm

Crucial to a successful visa application, the Case Worker will want to see documented evidence of stronger reasons to return to their home country, than they have to remain with you in the UK.
- Other family members living in your parent's home country
- Property ownership and/or employment
- Requesting a stay of almost 6 months will raise a red flag. A shorter period would be advisable.
- Financial self-sufficiency, income/savings etc. Your financial support will actually weaken their application.
- Give compelling reasons for their return home.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
Moderator
Posts: 11101
Joined: Thu Feb 21, 2013 9:29 pm

Re: Reapplying for Parents Visa after being refused

Post by secret.simon » Thu Jun 20, 2024 8:55 am

I agree with Casa's advice above. Way too many mistakes in the application. I presume that this is your parents' first UK visit visa application.

Straight off the bat, stating that you will be in the UK for five months is a bad move. That is almost residence, not a visit. If you were to reapply for them, start with a short visit, 2-3 weeks, maybe a month at the most. They are visiting the UK and should not give an impression that they are effectively living here, which is expressly forbidden by the Immigration Rules.
Genuine Visitor requirement - Appendix V of the Immigration Rules wrote:V 4.2. The applicant must satisfy the decision maker that they are a genuine visitor, which means the applicant:
(a) will leave the UK at the end of their visit; and
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
(c) is genuinely seeking entry or stay for a purpose that is permitted under the Visitor route as set out in Appendix Visitor: Permitted Activities and at V 13.3; and
(d) will not undertake any of the prohibited activities set out in V 4.4. to V 4.6; and
(e) must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds, including the cost of the return or onward journey, any costs relating to their dependants, and the cost of planned activities such as private medical treatment. The applicant must show that any funds they rely upon are held in a financial institution permitted under FIN 2.1 in Appendix Finance.
Typically, when somebody in the UK visits family, that visit lasts a couple of weeks max. Any more and the family starts getting on one's nerves. A five month "visit" doesn't come across as a visit, but as a stay.

What they can say (and should do) is state that they plan to visit you in two different seasons, to get a full flavour of weather in the UK, etc. They will almost certainly be issued with a six month multiple entry visa. They can then join you for a month or so at the start of the six month visit visa, return back to their country of habitual residence and then come back towards the end of their six month visit visa for another month (and leave before the visa expires). That way, you can show that they are not residing in the UK with you, genuinely visiting and always returning back home after each visit.

Secondly, as Casa has already covered, show why they will have to return back to their country of habitual residence. The pull back home must be stronger than having their child living in the UK. Your presence in the UK weakens their visit visa application. They will need something stronger than that back home to make sure that they return.

When I have arranged visit visas for my parents in the past, I have got one of them to visit me, rather than both together. It is thus easier to demonstrate that they will return at the end of their visit.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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