How to apply for Visitor visa after rejected dependent case?

[kasturi75]

Hello,
I have a query regarding my mum’s visitor visa from Sri Lanka (SL). If I tell you my background, I live & work here under HSMP visa (obtained Nov 2006) with my wife & 2 kids. I am the only child in my family & my father is not alive. Currently only my mum lives in SL in a rented property & she is so disparate to live with us. As I heard from few friends we applied her dependent visa early this year stating I am the only son & she lives alone in Sri Lanka. I attached all the supporting docs required to prove that our relationship & importance of her joining with us. But rejected saying I am still not settled in UK and also nothing preventing us to visit her while she lives in SL. I didn’t go for a appeal as it’s a lengthy process & also less probability of winning it. I hope we can apply for dependent once I got ILR probably in early 2012 as I get complete my 5 years in UK.

Now my problem is I want her to apply for Visitor visa for 6 month visit in next summer but I wonder visa officer may consider her rejected visa issue and refuse it again. So could anyone advise me how to approach this situation to get my mum’s visitor visa done correctly?

Many thanks.

[geriatrix]

Was it a dependent visa application that was refused or a settlement visa application?


regards

[kasturi75]

Tier1 dependent,

thanks

[geriatrix]

As you may know by now, parents do not qualify as dependant(s) under PBS.

Having been refused earlier, IMHO, you'll need to provide evidence of applicant's strong ties to home country if you wish the visit visa application to be granted.


regards

[kasturi75]

Below is entry clearance officer’s decision & comment:

In order to reach my decision I have considered,
- The burden of proof is on you, the applicant
- The standard of proof is to a balance of probability
- Your completed application form
- Your passport & original documents that you provided, including
o Your affidavit
o Representation from your sponsor

Relevant immigration rules:
I am also required to assess your application against paragraph 320 (1) of immigration rules which require that I must be satisfied that: Entry is being sought for a purpose covered by the immigration rules.

Entry clearance officer’s decision:

I have refused your visa application at this occasion because I am not satisfied balance of probabilities that meet all of the requirements of the immigration rules. The decision was made on the merit of the application. However if you have a previous application and immigration history this may have been considered.

Entry clearance officer’s reasons & supporting evidence:
You have declared that the information you have provided are true & correct to the best of your knowledge. I have carefully considered your application on the basis of your passport, application form & documents that you have provided. You are seeking entry clearance as the dependent of your son who is residing & working in UK under Tier1 visa valid until 14/01/2012. However there are no provision in immigration rules to grant entry clearance for the purpose stated. I therefore refuse your application under paragraph 320 (1).

In reaching my decision have taken in to compassionate factors stated in your application in that your sponsor is your only child and now you are residing alone in Sri Lanka. However you continue to be supported financially by the sponsor & I don not accept that you have no other relatives in Sri Lanka & I am aware of no reason preventing your sponsor & his family visiting you regularly in Sri Lanka. I am therefore not satisfied that your circumstances are such that warrant consideration of your application outside of rules.

I also have taken account of articles 8 of the Human Rights Act. I consider that refusing this application is justified & proportionate the exercise of the immigration control. I do not believe that refusing this application interfere with family life, for the purpose of article 8 (1), because any disruption has been caused by your sponsor’s decision to take his family to the UK & you could continue enjoy at Sri Lanka or by regular visits by your sponsor.

Your right of appeal:
Your application does not attract the full rights of appeal under 82(1), of the Nationality, Immigration & Asylum Act 2002. Your right of appeal is limited any or all of the grounds referred to the section 84(1)(b)& (c).

[kasturi75]

We have already said that she doesn't have any ties in SL & provided the supporting docs as well. So that means there is no way of taking my mum here before I obtain my ILR?

[avjones]

We have already said that she doesn't have any ties in SL & provided the supporting docs as well. So that means there is no way of taking my mum here before I obtain my ILR?

Almost no chance of a visitor's visa before then, I reckon. Could be tricky afterwards, too - how old is your mother?

[kasturi75]

Sorry for delay in reply, she is now 61 years old.

Can we argue that if they don’t satisfy with dependent requirement then at least allow her to visit us for limited period?? And also can argue that, it will directly affect to my application for ILR if she overstays here…

Please advise me if there any way of getting this case done successfully…

Thanks

[geriatrix]

One of the key criteria for visitor visa is evidence of strong ties to home country, which helps to convince ECO/ECM that the applicant has strong reasons to return to home country before expiry of visitor visa.

In your case, a visitor visa is unlikely to be granted given the fact that you have provided (to the best of your ability) evidence(s) to prove that your mother has nothing to return to in SL.


regards

[kasturi75]

Thanks sushdmehta, if so then what is the possibility of apply ofr dependent again? or is there any other way of doing this?

[geriatrix]

Wait until you are granted settlement and then evaluate whether your mother can apply for settlement visa in an appropriate immigration category open at that time.


regards

[kasturi75]

Ok thanks, another one more year to wait based on current law. Even if I am granted ILR is it still difficult to obtain dependent visa for her as she is under 65 years?

Thanks.

[geriatrix]

Settlement visa for older dependant relatives is one of the toughest amongst the entire lot. Age is just one of the (many) eligibility criteria that must be met.

Read the information carefully. Start collating / prepare the documentary evidence(s) in advance. And, if required, consider seeking professional legal assistance.



regards

[kasturi75]

Thanks sushdmehta, I will read the attached section and prepare for the hurdle again....

Many thanks.

[avjones]

Ok thanks, another one more year to wait based on current law. Even if I am granted ILR is it still difficult to obtain dependent visa for her as she is under 65 years?

Thanks.

Next to no chance of a visitor's visa until you have ILR, I reckon.

Settlement for elderly relatives under 65 is also very difficult indeed.

[NT1234]

May be unwise if you apply for a visit visa knowing you have intention to apply for settlement visa in the next year...the condition of prove for these two types of visa works in the opposit way......you need to prove strong ties back home for a visit visa (so the eco is convinced she will return home after her visit), for the settlement visa one of the criterias (of many) is to prove she has no one to turn to in home country, so no ties (since she is going to be under 65 at the application stage which makes so much harder). If you start doing your work from now, look at all the topics raised under this visa you'll have a better chance when you have met all the criteria. . ...dont risk it by applying for a visit visa unless its absolute essential - go back and see you until then....its a very hard visa to obtain, but knowing your a the only child, if she depends on you, and you meeting all the other criterias then its not impossible.

good luck...

[kasturi75]

Following documents we have submitted with her dependent application. I do continue to support her in many ways specialy financialy, providing her accomadation arrangements etc..

From Applicant end:
-Passport & Photo.
-Original Birth Certificate with English Translation
-Original Marriage Certificate with English Translation
-Original Death Certificate of Applicant's Husband
-Applicant's Affidavit
-Original Rent Agreement of Applicants present Residence and English Translation.
-Letter from the Chief Priest of Applicants Inherited Area
-Letter from the Head of Village Local Authority ( Government Servant) under which Applicant lived with her son.
-Letter from Councilor of the Local Authority
-Applicant Bank Balance and Statement of Accounts
-Photographs taken with Son & his family in Sri Lanka.
-Letters and greeting Cards to Applicant by Grand Sponsor & his family in U.K.

From Sponsor end:
-Letter of Request by Sponsor to the VISA Officer
-Sponsors Birth Certificate
-Copies of Passport Details including HSMP work Permit VISA pages
-Present Employment Agreement
-Last 13 months Pay slips and P-60 Certificate for the year 2008-2009.
-Statement of Bank Accounts- Barclays & Abbey Banks
-Copy of Current Residence Tenancy Agreement.
-Advice from DPC and bills for payment of Resident Tax & T.V. License.
-Receipts of Money Transferred to mother in Sri Lanka for her existence
-Estimated Cash Flow Statement for next 12 months

But finally they rejected.

[geriatrix]

But finally they rejected.

What else did you expect, if not a refusal? Application was made in an immigration category that your mother doesn't belong to, so the amount of evidence(s) you provided at the time is irrelevant!

parents do not qualify as dependant(s) under PBS.

The sad part is that you provided enough evidence(s) at the time to ensure that any future application(s) for visitor visa be refused.

Wrong application, wrong evidence .... big mistake!!



regards

[kasturi75]

But there is a point under most exceptional circumstances you are eligible to apply for... that's why we have loaded lots of supporting docs to weight the point...

[kasturi75]

Hi All,
If you read the ECO's comment above it says he can see that I do support my mum in financially but he cannot accept that there is no relatives in SL. This is totally untrue and he has not made a single attempt to find evidence to prove his decision. We have relatives in SL but they are not capable enough to provide her continues support or regular visits to her due to their own commitments. Our main negative point that I can see is not applying her dependent visa along with my family visa application at the first place.

Ok then, will say we will wait for my ILR to make this case stronger. But still we will have to apply under ‘Most exceptional circumstances’ category as she is still under 65 yrs? Then again ECO can argue that there is no such compelling circumstance as we were waiting 2 years after our first application for dependent visa….

Do you all think that it is better to make another application for dependent visa & try something before I go for my ILR (which may refuse again but make next application stronger under ILR visa)??

Thanks,

[geriatrix]

Do you all think that it is better to make another application for dependent visa

I have mentioned at least twice above that parents do not qualify as dependants under PBS. And you are still asking whether you can apply for a dependent visa for your mother?

[kasturi75]

So you mean that there is no visa type which we can apply for before I get my ILR? And also it is very tricky to apply for settlement visa even after ILR?

[avjones]

So you mean that there is no visa type which we can apply for before I get my ILR? And also it is very tricky to apply for settlement visa even after ILR?

Exactly so. Even after ILR, you will have to prove the most compelling compassionate circumstances to get your mother a visa when she is under 65.

As the original refusal said, "However there are no provision in immigration rules to grant entry clearance for the purpose stated. I therefore refuse your application under paragraph 320 (1)"

Until you get ILR, you have two choices, basically. Live here without your mother, or go to Sri Lanka to live with her there.

Even after ILR, until she's 65, you'll probably have the same choice.

[kasturi75]

Thank you all for your valuable points...

[kasturi75]

Hi All,
I am re-opening this post as we have been granted ILR so I need to apply for my mum's visa again.

We have applied her visitor visa early 2011 and was rejected due to number of reasons. I knew that they could reject it as we already have appled for dependant and rejected it 2 years ago.

Would it be wise to apply for another visitor visa as we are now here under ILR? If so what kind of points that we need to highlight to convince the visa officer this time?

Thanks.