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Parents general visitor visa refused on 41 i,ii,vii grounds

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

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nrj
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Parents general visitor visa refused on 41 i,ii,vii grounds

Post by nrj » Tue Oct 28, 2014 12:30 pm

Hi,

I am on short term ICT visa to uk and applied for parents visitor visa to uk but it got refused on the grounds of 41 i,ii,vii.

The right to appeal is limited to 84 (1)(b)(c)

Please let me know how to proceed without reapplying new.

Is there an option to ask British high commission to reconsider the decision or ask them to call us for an interview to explain the same.

Also, let me know is there an appeal process for general visitor and how much does it cost. Thanks in advance.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Parents general visitor visa refused on 41 i,ii,vii grou

Post by vinny » Tue Oct 28, 2014 1:29 pm

I've added links in your post so that you can see more clearly what they were referring to.

See also Guidance and Visit visa refusals: appeal or judicial review?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nrj
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Joined: Tue Oct 28, 2014 12:00 pm

Re: Parents general visitor visa refused on 41 i,ii,vii grou

Post by nrj » Tue Oct 28, 2014 3:11 pm

Hi,
Thanks Vinny.
Actually is there an option where I can tell that my parents need not spend anything from their side. All the tickets, accomodation, every cost would be taken care by me. They have refused the visa. So how do I approach the british high commission to give the details. there was no interview to mention the same. Please let me know. Thanks.

nrj
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Joined: Tue Oct 28, 2014 12:00 pm

Re: Parents general visitor visa refused on 41 i,ii,vii grou

Post by nrj » Tue Oct 28, 2014 10:01 pm

Please let me know the process for appeal and if I have the right to appeal and how much would it cost for two applications of my parents.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Parents general visitor visa refused on 41 i,ii,vii grou

Post by vinny » Tue Oct 28, 2014 11:48 pm

They have a right of appeal, but only on two limited grounds - Human Rights and Race relations.

Note that [quote="CDS (PBS "available" Article 8 ) Brazil [2010] UKUT 305 (IAC) (25 August 2010)"]... it is unlikely that a person will be able to show an article 8 right by coming to the UK for temporary purposes.[/quote]

They may be better off concentrating on satisfying 41 and reapplying, rather than challenging the decision. What strong ties did they show to their home country?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nrj
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Joined: Tue Oct 28, 2014 12:00 pm

Re: Parents general visitor visa refused on 41 i,ii,vii grou

Post by nrj » Wed Oct 29, 2014 12:42 pm

I mentioned that my father is employed but as it is a very small amount, we don't have it in bank statements. It is all in cash.

On 1-10-2014 I deposited 1500£ amount. So they are not satisfied on the source of the amount and that it could be used by them.Also, they mentioned that they are not satisfied that my parent would be able to meet the cost of the journey to UK
On basis of 41 i, ii, vii they have refused.

My questions is, why they have not considered me as the sponsor and considered parents as sponsors.

So, does this come under human rights, as they are denied on the basis of sponsor when they need not spend a penny.

Also, for showing human ties I mentioned they have a son working in India,grandparents in India and the pictures of a big joint family.

vinny
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Re: Parents general visitor visa refused on 41 i,ii,vii grou

Post by vinny » Thu Oct 30, 2014 1:12 pm

I think that they tend say that Human Rights isn't an issue because you can visit your parents.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nrj
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Posts: 5
Joined: Tue Oct 28, 2014 12:00 pm

Re: Parents general visitor visa refused on 41 i,ii,vii grou

Post by nrj » Sun Nov 02, 2014 1:11 pm

1. The applicants A and B are my parents are they are visiting

me, their daughter (C) and not their son. I strongly feel that the documents have been

overlooked as it is mentioned in the letter, section XXX that they are going to visit their son when it is not their

son that they are visiting but their daughter.

2. The applicants have shown their bank statements not because they are sponsoring themselves but to show

the assets they possess. The sponsor is C, their daughter who is currently staying in

UK for her work commitments on a short term ICT Tier -2 Visa. Every expense of their travel – onward

and return journey, accommodation and food expenses, medical expenses, if any that arise would be taken

care. My bank statements and financial position is strong and is reflected by my payslips of both India and UK.

I am on short term ICT STAFF – Tier 2 Visa working for XXX which states that I would return to India

before the visa expires by July 2015.I could not apply for a family visitor as I am a temporary resident to UK

and hence have applied for a general visitor visa for my parents.

3. The employment letter has been provided for the applicant A, my father who is

working for XXX. The employment letter mentions the work duration and the leave period

details. As the salary is a non taxable income, it is given as cash in hand.

4. Regarding the strong ties, the applicants have their son 'D' who is working for an Indian

company and they currently stay with him and are supported financially by him which is the amount they get

in cash. The bank statements of son are also shown. Also, applicant ‘B’s parents and

family reside in India. Pictures of the family have been submitted for showing strong ties.

Anything other than this can I mention while sending a letter to reconsider, please let me know. They have incorrectly mentioned that they are visiting theor son instead of daugther and have refused on 41 i, ii, vii.

ouflak1
Senior Member
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Re: Parents general visitor visa refused on 41 i,ii,vii grou

Post by ouflak1 » Tue Nov 04, 2014 8:26 am

nrj wrote:1. The applicants A and B are my parents are they are visiting

me, their daughter (C) and not their son. I strongly feel that the documents have been

overlooked as it is mentioned in the letter, section XXX that they are going to visit their son when it is not their

son that they are visiting but their daughter.

2. The applicants have shown their bank statements not because they are sponsoring themselves but to show

the assets they possess. The sponsor is C, their daughter who is currently staying in

UK for her work commitments on a short term ICT Tier -2 Visa. Every expense of their travel – onward

and return journey, accommodation and food expenses, medical expenses, if any that arise would be taken

care. My bank statements and financial position is strong and is reflected by my payslips of both India and UK.

I am on short term ICT STAFF – Tier 2 Visa working for XXX which states that I would return to India

before the visa expires by July 2015.I could not apply for a family visitor as I am a temporary resident to UK

and hence have applied for a general visitor visa for my parents.

3. The employment letter has been provided for the applicant A, my father who is

working for XXX. The employment letter mentions the work duration and the leave period

details. As the salary is a non taxable income, it is given as cash in hand.

4. Regarding the strong ties, the applicants have their son 'D' who is working for an Indian

company and they currently stay with him and are supported financially by him which is the amount they get

in cash. The bank statements of son are also shown. Also, applicant ‘B’s parents and

family reside in India. Pictures of the family have been submitted for showing strong ties.

Anything other than this can I mention while sending a letter to reconsider, please let me know. They have incorrectly mentioned that they are visiting theor son instead of daugther and have refused on 41 i, ii, vii.
From the detailed information you've given, and assuming you presented this information with your application, it doesn't seem that the Home Office made in an incorrect decision. They could have just as well decided to grant the visa and been on about as solid ground to defend that. They definitely messed up by referring to you as a 'son' instead of a 'daughter', but that would simply be a matter of them re-issuing a copy of their decision with typos fixed. Sorry that there isn't better advice to give. It's your call. I don't believe there is much ground for appeal (and it is very limited anyway to options that don't appear to apply in this case). See if you can't shore up their ties to return to their home country. Maybe have your brother, who supports them, provide a letter and any extra evidence that he is their primary support and that he expects them to return home. Apply again. Good luck.

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