ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Visit visa refused because stayed more then mentioned.

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

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
cmsheaky
Newly Registered
Posts: 9
Joined: Sat Sep 24, 2016 3:52 pm
Contact:

Visit visa refused because stayed more then mentioned.

Post by cmsheaky » Sat Sep 24, 2016 5:32 pm

Hi folks
My mum and sister's visit visa has been refused because in 2015 they mentioned in file they will stay for two months but they stayed for 5 months. They done this many times before but always got visa but this time they refused stating paragraph V4.2 - 4.2 something like this.
Also they mentioned that future visas will be refused unless circumstances change.
Any suggestions regarding this. They took 4 months to reply this when they mentioned 1 week on their website.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Visit visa refused because stayed more then mentioned.

Post by noajthan » Sat Sep 24, 2016 5:35 pm

cmsheaky wrote:Hi folks
My mum and sister's visit visa has been refused because in 2015 they mentioned in file they will stay for two months but they stayed for 5 months. They done this many times before but always got visa but this time they refused stating paragraph V4.2 - 4.2 something like this.
Also they mentioned that future visas will be refused unless circumstances change.
Any suggestions regarding this. They took 4 months to reply this when they mentioned 1 week on their website.
They haven't made it easy for themselves as credibility is in doubt; how can caseworker believe details submitted on the application.

Nothing to be done about UKVI response times, presumably department is under-resourced; it is what it is.

Similar case:
http://www.immigrationboards.com/genera ... redibility
All that is gold does not glitter; Not all those who wander are lost. E&OE.

desertman
Member
Posts: 128
Joined: Tue Sep 19, 2006 12:57 pm

Re: Visit visa refused because stayed more then mentioned.

Post by desertman » Tue Sep 27, 2016 10:22 pm

so what should be done in this case, if re-apply what reason should provide that why they stayed longer than what was mentioned initially in the form? If they didn't accept the reason it means it will get rejected again.

Is that worth to go for Judicial review but that will take long time.

Is there any one in the forum who re-applied and got succeeded?

please advice

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 11:59 am

Re: Visit visa refused because stayed more then mentioned.

Post by ouflak1 » Wed Sep 28, 2016 6:40 pm

desertman wrote:so what should be done in this case, if re-apply what reason should provide that why they stayed longer than what was mentioned initially in the form? If they didn't accept the reason it means it will get rejected again.
That's pretty much it.
desertman wrote:Is that worth to go for Judicial review but that will take long time.
What would the argument in front of the judge be? Especially in light of the fact that they've apparently done this 'many times' before? This time they really mean it when they say they will leave on the time they state on the application? You have a trust issue. Did the previous excessive stays involve medical emergencies directly affecting your mother and sister? You mentioned 'many times'. Was it a medical emergency every one of those 'many times'? At some point credibility has to be called into question, even for valid reasons.
desertman wrote:Is there any one in the forum who re-applied and got succeeded?
This level of scrutiny has ramped up a lot in the last couple of years. There aren't going to be many, if any at all, who have similar circumstance, have been subsequently later allowed in, and have posted about it on this forum. It may be some years before we get a cleaeerr picture on what exactly is going on. Right now, we are just seeing refusals.
desertman wrote:please advice
Visit them in their country or meet them in another country. The UK may be out of bounds for a while until the atmosphere lightens up a bit.

desertman
Member
Posts: 128
Joined: Tue Sep 19, 2006 12:57 pm

Re: Visit visa refused because stayed more then mentioned.

Post by desertman » Wed Sep 28, 2016 10:09 pm

thanks for the reply.

In the refusal letter ECO only asked the reason of over stay during their last visit in 2015, he didn't mention any thing about their previous visits in 2013, 2012 and before that, in the new application do we only need to tell the reason of overstay during last visit?

And during their visit in 2015 my father had some private medical consultancies and treatment in private hospitals that we have paid for, we can explain the reason that because of father's treatment my mom nd sister couldnt travel back. But again we have not mention in the initial application of 2015 before visiting to UK that he will be having some medical checkup, will that be a problem now if we mention about the medical treatment?

So if we re-apply by mentioning the reason of father's treatment, will that be helpful?

I also bought some house during their stay here, we can mention that as well that i want my parents to be here when getting the house key.

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 11:59 am

Re: Visit visa refused because stayed more then mentioned.

Post by ouflak1 » Fri Sep 30, 2016 11:16 am

desertman wrote:thanks for the reply.

In the refusal letter ECO only asked the reason of over stay during their last visit in 2015, he didn't mention any thing about their previous visits in 2013, 2012 and before that, in the new application do we only need to tell the reason of overstay during last visit?
No. But that information is available to them anyway. If they want more clarification, they may well ask.
desertman wrote:And during their visit in 2015 my father had some private medical consultancies and treatment in private hospitals that we have paid for, we can explain the reason that because of father's treatment my mom nd sister couldnt travel back. But again we have not mention in the initial application of 2015 before visiting to UK that he will be having some medical checkup, will that be a problem now if we mention about the medical treatment?
By medical emergency, I meant if your sister or mother had a medical emergency themselves. Your father's pre-arranged medical visits are hardly a reason for either of them to stay longer than what they stated unless they are a primary care giver, which would have to have been mentioned anyway.
desertman wrote:So if we re-apply by mentioning the reason of father's treatment, will that be helpful?
I don't think it will be relevant, no. But that's just my opinion. If for example, he received news after the first/second consultation that he was dying and needed constant around-the-clock care for x period of time, that might be relevant. Obviously something drastic like that would have to be backed up with plenty of hard verfiable evidence.
desertman wrote:I also bought some house during their stay here, we can mention that as well that i want my parents to be here when getting the house key.
I think this will be fine. But keep in mind how that might look to a case worker. Especially if they go digging into the past and see the previous periods of staying longer than stated.

Locked
cron