Refusal of visit visa

[Mrs Orchid]

My sister in Sri Lanka recently applied for a visit visa to the UK and was refused. She misunderstood a question where it asked "how long do you intend staying in the UK" and she answered "up to two years" - she was paying £340 for a two year visa, hence her answer. They read it as she was going to stay for two continuous years. Also, they say she shows no strong ties to Sri Lanka and may not leave the UK to go back. She has visited her family in the UK for over 40 years and never been refused visa before. She has never flouted the rules or overstayed. She has a clean immigration history and is very upset she may not be able to see her family. UKVI is asking her to put in a fresh application as there is no right of appeal. I am her sponsor and gave an undertaking that I would take care of all her needs and ensures her safe return to Sri Lanka. We are all upset and don't know what to do. We have emailed UKVI again and they are not budging from their original decision. Any advice as to a way forward so that the decision is overturned and my sister is not blacklisted would be appreciated.

[Casa]

Her only option is to re-apply.

[CR001]

+1 on what Casa said. How can they overturn a decision that appears to be correct. She stated on the form intending to stay for two years and she signed the form to declare it accurate and truthful.

[Mrs Orchid]

She answered "up to two years" as she was applying and paying for a two year visa. She did not say "up to two years continuously". As she has visited the UK for over 40 years, she is well aware that her stay is in multiples of six months. So her answer is not incorrect.

[Casa]

Maybe not technically but it was left up to the Case Worker's interpretation. As a visitor visa refusal can't be appealed, with only the option of a possibly lengthy Judicial Review, it would make sense to re=apply.

[Mrs Orchid]

If she re-applied they will not be satisfied that her ties to Sri Lanka are strong enough for her to go back. She cannot lie about the fact that she lives alone, her kids and family are all out of Sri Lanka and have been for many years. During her 40 odd years of visiting the UK, her circumstances have not changed in this regard, and they never questioned it before, why now? She would not have anything more to add on this, so she may get refused again, and they will keep her money again!

[Casa]

I honestly can't suggest an alternative. The error was in stating 'up to two years'.

[noajthan]

If she re-applied they will not be satisfied that her ties to Sri Lanka are strong enough for her to go back. She cannot lie about the fact that she lives alone, her kids and family are all out of Sri Lanka and have been for many years. During her 40 odd years of visiting the UK, her circumstances have not changed in this regard, and they never questioned it before, why now? She would not have anything more to add on this, so she may get refused again, and they will keep her money again!

There's no appeal for this type of case so all you can do is work within the visa system.

[Mrs Orchid]

Yes that is what we are doing and want to do. But, we don't want to waste more money knowing she may get turned down again. We are happy to be truthful, which she has been over 40 years with no problems, but cannot understand why they are questioning/doubting this now.

[Casa]

I suggest she applies for a 6 month visitor visa. £87 is a cost you may have to be prepared to risk if you wan't to know the outcome.

[noajthan]

..., but cannot understand why they are questioning/doubting this now.

Internal policies and guidance may well change over time.
Caseworkers come and go.
Enforcement and verification strategies may well change focus.
Don't expect anything to remain cast in stone in the world of UK immigration.

[cmsheaky]

My sister in Sri Lanka recently applied for a visit visa to the UK and was refused. She misunderstood a question where it asked "how long do you intend staying in the UK" and she answered "up to two years" - she was paying £340 for a two year visa, hence her answer. They read it as she was going to stay for two continuous years. Also, they say she shows no strong ties to Sri Lanka and may not leave the UK to go back. She has visited her family in the UK for over 40 years and never been refused visa before. She has never flouted the rules or overstayed. She has a clean immigration history and is very upset she may not be able to see her family. UKVI is asking her to put in a fresh application as there is no right of appeal. I am her sponsor and gave an undertaking that I would take care of all her needs and ensures her safe return to Sri Lanka. We are all upset and don't know what to do. We have emailed UKVI again and they are not budging from their original decision. Any advice as to a way forward so that the decision is overturned and my sister is not blacklisted would be appreciated.

Hi orchid any good news yet i am in same problem. Please share with us .