Family visit visa

[anuuna]

My husband is planning to sponsor my sister on a family visit visa. I am in the UK on a spouse visa. What is required of him to send to my sister for the application? How many payslips and bank statements are needed? My husband works and has some savings however, my sister back home does not work or study at the moment. She will live with us and we will bear all her expenses whilst in the UK. How will she prove that she will return back home once her visa expires? She currently lives with my father who works and has some savings. Can my father write a letter that she is his responsibility back at home? Or does she need a guarantee in form of cash for that? My sister lives in kenya. Thanks

[MPH80]

It doesn't really matter if her father writes a letter unless there's a reason for her to come back. Saying 'because I say so' doesn't really help.

She needs to show some reason for her to go back. Having family is a good start - but she also has family in the UK. Money, Property, a job, a boyfriend/husband, studies etc would all be valid reasons. The more reasons - the less doubt there'll be. Having reliably travelled to other 'big' countries (US/Canada/Australia/Europe) within the confines of a visa also does help with the opinion (but it's not a guarantee - my mother in law was turned down for Europe despite having a 10 year US visitor visa and a 2 year UK visitor visa).

If you can't provide any of that - I'd suggest there's little chance of approval.

In terms of your husband - he should send a minimum of 3 months payslips and bank statements - ideally 6.

You can't put a cash guarantee in place for the visitor visa - despite all the press on that - it has not come to pass as a permanent option for immigration (yet).

[anuuna]

The problem is that she is not working and doesn't have enough savings in her account. Can she submit my father's bank statements and property papers since he's the one who supports her?
About the cash guarantee, under which circumstances is one required to give cash guarantee and how much is it?

[MPH80]

The cash guarantee never made it out of the planning stages. So you can rule it out.

You can submit her father's documents but remember they are interested in her circumstances not his. All it continues to confirm is that she has no money of her own. Just because someone is supporting her there doesn't mean someone wouldn't do the same in the UK.

Indeed if the family finances are tight there it might hurt get chances as it might be seen as she can't be afforded and is looking to get to the UK so her dad can live better.

Please understand thati don't condone UKBA thinking like this but you have to put on a very cynical hat when thinking about the prospects of an application.

[anuuna]

TThanks for your response. I understand what you mean. What if she enrols in a local college to prove that she has ties back home. How many months does she need to be in before she can apply?

[anuuna]

By the way my sister has a piece of land which is under her name however it is not yet built on. Can she use that as evidence that she will return back home?

[MPH80]

The land is definately a positive in her favour. Having plans to build on it might go further if she could get the appropriate local version of planning permission. So she now has land and family there - this is looking up.

The college is probably not going to help unless she's serious about it - unsurprisingly - UKBA are aware of people who attempt to register at a college just to get a visa.

So to have the college work in her favour - she'd have to be registered, have been attending classes on a regular basis, be travelling in a college holiday (not just randomly in the year - otherwise how can she leave the studies and be a genuine student?) and have a letter from the college confirming she's paid up for the year, has good grades and is returning on date x to study.

In other words - she'd have to actually be attending.

[anuuna]

So do we get rid of the option of enrolling her into a college? She plans to visit us in December and stay for about 2 to 3 months. What are other things that can boost her application to be successful? Can we mention in the cover letter that I am due to deliver in December and that my sister will help me out?
What are the documents needed to prove that she owns the land and for how old should the documents be i.e if she owned it some few months before the application?

[MPH80]

Land ownership documents vary from country to country so I can't help on that. She'll need the proof of ownership and she'll need that translated into English and certified as a true copy as laid out on the UKBA website.

I doubt that a visit in December could result in a course being useful - especially for the timescale of the visit you're talking about - she'd have just started her course and is disappearing for 2-3 months? Think how that looks.

I would also be very cautious about what you say with regard your sister coming to support you in the early stages of a child's life. UKBA take a dim view of someone coming as a child carer if it means you can go back to work. It's considered effective work by the person who is coming in and is against the visa rules. A good number of grandmothers have been rejected on that.

However, if she is just coming to support you during the early stages of the baby's life and you have confirmed maternity leave for that period (assuming you work) then that's ok. Just be clear to highlight that you will be on leave for that period and are looking for the support.

[anuuna]

Thanks a lot MPH80 for your responses and advice. I agree with you enrolling into a course a few months before the application and then disappearing will raise eye brows. We will have to rely on the land and find other evidence to convince ECO that she will return back to her country.
Another question is, we have rented a 2 bedroom house which is under my husband's name and his brother as the tenants however he does not actually live with us. Will this be of a problem since my sister will be living with us? Shall we remove my brother in law and add our baby who is not yet born? We are hesitating to do so coz it's less than a year since we got the house and we are not even assured tenants. It's a council house managed by housing association. Will they agree to put the tenancy agreement under my husband's name and mine?
Lastly since I am on a spouse visa can my husband and I claim child benefit and child tax credit once our baby is born or working tax credit. On my visa it says no recourse to public funds just wondering if that is also included.
Thanks again.

[MPH80]

On the benefits front - your husband can claim whatever he is entitled to - but you cannot. So he'll be able to claim child benefit for your baby - but it can't be claimed in your name (if that makes sense).

See here: https://www.gov.uk/government/publicati ... blic-funds

On the housing - I don't know enough about how housing assoication properties work - but I was under the impression that if someone was named on the house who wasn't living there then that could be considered false information - particularly in light of the 'bedroom tax'. So if your brother in law isn't actually in the property - that could be trouble as you could be in a property that's too big for the people actually living there (but I suspect that'll only really be an issue if you're claiming housing benefit)

If it's 2 bedroom and there's due to be a baby - it's unlikely the property might be considered overcrowded by UKBA (https://www.gov.uk/government/publicati ... ercrowding)

Even if it was - it's not normally too closely looked at during a visitor application.

[anuuna]

Oh yeah it does make sense. Before I was under the impression that both of us cannot claim any benefits until I obtain ILR. It is a relief knowing this although I know we still have to meet the minimum threshold. Oh by the way on this issue will it be 18600 since I'll be applying alone the kids born would be automatically British or are the rules different?
We are planning to remove my brother in law from the house since he moved to another city for studies however our intentions was not to provide false information he moved out after the tenancy agreement was already signed and we were sceptical about leaving the house in just a few months after moving in.
If overcrowding is not that looked into is there any need for an inspection report or is that only for settlement visa?
Sorry for bombarding you with so many questions

[MPH80]

Providing there are appropriate allowances within your tenancy agreement to allow your sister to stay for that length (my last tenancy agreement required landlord approval for anyone staying more than 2 weeks if I recall - it was some years ago) then you won't need any permission letters or anything. Providing that's ok - then you shouldn't need the inspection report - although it is useful. Overcrowding isn't a major factor in a visitor visa, but it might be used as an excuse or factor if needed.

I'm making a bunch of assumptions that your husband is british - but yes - the children are automatically british and excluded from the financial calculation - so yes - it's "just" £18,600.

Keep in mind - of course - that you still have to do the extension before ILR. Even if you were one of the first in July 2012 - it'd only just be coming up to the time for the first extension.

[anuuna]

I will have to check the tenancy agreement if the clause you are referring to is also there in ours. Yes my husband is British and I am here in the UK for 9 months now. It was such a hustle going through the visa process. Thank God it turned out successful on our first attempt. Lol it was like doing a degree course on its own the amount of research work involved. I can't believe we have to go through the same process 2 more times before granted the ILR.