My parents refused family visitor visa-immigration history!!

[lora28]

Hi All,

Hope someone can help me here. I'm a British Citizen and my parents reside in India. They used to have 5 years visitor visa which they used to come to the UK to visit me and stay with me for about 5 months every year ensuring they returned back before 180 days were over. We never once thought that this was wrong!
Anyhow, recently my parents applied for family visitor visa for 10 years thinking that nothing could possibly go wrong of course but after 5 working days they were called back yo collect the documents where they found they have been refused their visa due to their immigration history.
We are all very devasted and dont know what to do. On the paperwork it says they cant appeal either and their current visa which is valid till March 2016 has been curtailed.

What should I do? Appeal is not possible and reapplication could generate the same response and we would also lose all our money! We are all so very sad with this - please please can someone help and advise?

Thank you for your time.

[CR001]

The test is that they are 'genuine visitors'. They should not be using a visitor visa to reside in the UK 'every year' for long periods. If they had visited for 2 months, then likely they would not have had too much of an issue.

What was the exact wording of the refusal (taking out personal details)?

[lora28]

you have spent 34.5 (not true - they spent around 20-25 months) months of the last 53.5 months residing in the UK. I am not satisfied after due consideration that you are not making the UK your home and refuse your visit visa application. (Paragraph 4.2(b))

I am also satisfied that you have been residing in the UK through visit visa in breach of paragraph 4.2(b) of Appendix V of the Immigration rules. The above point are a clear change in circumstances and I therefore curtail your current visit visa.

We can't do appeal or administrative review it says as well

I don't know what to do

[Wanderer]

It's the 'genuine visitor'/'living here half the time' call.

Visit visas are just that, for visits, two weeks here, a month there, the six month validity is allow some flexibility with that, not stay here six months at one pop.

That's residency, not visiting.

[CR001]

UKVI/HO have all the entry and exit details of visitors so it would be unwise to argue the point. They have obviously looked into their travel history and 'visits/residence' in the UK.

[lora28]

I understand. I wish we had been a bit more vigilant and looked into the rules instead of assuming they could stay up to 6 months.
Is there anything I can do in this situation to help? I would love for them to come and stay with me forever which is not possible (I think I might look into SS route but my circumstances are a bit tricky esp the whole 'centre of life' rule)
However, I understand it may never be possible and had high hopes they will be able to at least visit me. I despair thinking I will never be able to see them again unless I visit India which is not an option at the moment.
Please let me know if any of you think of an alternative.
I am thinking of advising them to re apply with a cover letter saying we misunderstood the visa rules but I doubt ECO will believe that argument and we will end up losing £1500 again.

[CR001]

Unfortunately ignorance is no defence when it comes to UKVI and you not being able to visit them is not UKVI problem and sorry if that sounds harsh but UKVI make decisions based on the immigration rules and immigration history, not on emotions.

My suggestion would be to wait a couple of months and try and apply for a 6 month visitor visa. They will have to prove again, if they get a visa, that they are 'genuine visitors'.

[secret.simon]

their current visa which is valid till March 2016 has been curtailed.

I would go quiet for a lot longer than a couple of months. I would give it a couple of years.

Essentially, now that they have it on record that their visit visa has been curtailed, I would suggest rationing their visits to important events, such as birth of a grandchild or significant religious events (such as a bar mitzvah or confirmation). They are more likely to get it if the visits are far and few in between.

To avoid a similar situation with my parents, I have kept their visits to the UK to one in three years and only a month to two at the longest. We have however had joint vacations in Europe and Turkey.

[CR001]

their current visa which is valid till March 2016 has been curtailed.

I would go quiet for a lot longer than a couple of months. I would give it a couple of years.

Essentially, now that they have it on record that their visit visa has been curtailed, I would suggest rationing their visits to important events, such as birth of a grandchild or significant religious events (such as a bar mitzvah or confirmation). They are more likely to get it if the visits are far and few in between.

To avoid a similar situation with my parents, I have kept their visits to the UK to one in three years and only a month to two at the longest. We have however had joint vacations in Europe and Turkey.

+1 - good advice SS

[Wanderer]

We just had the mother-in-law over on a six month visit visa. She stayed 2 weeks. That's 2 weeks in 12 years. Mostly we go there.

I don't get this 6 month visit nonsense, I couldn't wait to get away from the old bat! Love you Mum! RIP Mum....

Culture is different I suppose so you need to adapt.....

[crazytopu]

If you’re applying for a long-term visit visa
You must prove that:

you have a frequent and ongoing need to come to the UK
the reason why you need to come to the UK is unlikely to change while your visitor visa is valid
you plan to leave the UK at the end of each visit
You may be given a visa for a shorter period than requested if you don’t do this. You won’t get a refund of the application fee if you get a shorter visa or your application is refused.

Your visa may be cancelled and you may get a long-term ban on visiting if your travel history shows you’re repeatedly living in the UK for extended periods.

[Wanderer]

If you’re applying for a long-term visit visa
You must prove that:

you have a frequent and ongoing need to come to the UK
the reason why you need to come to the UK is unlikely to change while your visitor visa is valid
you plan to leave the UK at the end of each visit
You may be given a visa for a shorter period than requested if you don’t do this. You won’t get a refund of the application fee if you get a shorter visa or your application is refused.

Your visa may be cancelled and you may get a long-term ban on visiting if your travel history shows you’re repeatedly living in the UK for extended periods.

Doesn't seem like you've read the thread....

[secret.simon]

If you’re applying for a long-term visit visa
You must prove that:

you have a frequent and ongoing need to come to the UK
the reason why you need to come to the UK is unlikely to change while your visitor visa is valid
you plan to leave the UK at the end of each visit
You may be given a visa for a shorter period than requested if you don’t do this. You won’t get a refund of the application fee if you get a shorter visa or your application is refused.

Your visa may be cancelled and you may get a long-term ban on visiting if your travel history shows you’re repeatedly living in the UK for extended periods.

I think crazytopu meant to highlight the last paragraph.

[rahulmisra204]

Visit visas are just that, for visits, two weeks here, a month there, the six month validity is allow some flexibility with that, not stay here six months at one pop.

That's residency, not visiting.

Where did you find that info from? Please quote the guidelines source. 6 month visit visa has the number of days listed as 180. There is a difference between the validity of the visa and the number of days allowed.

[secret.simon]

Wanderer was merely pointing out that while you can stay in the UK legally for six months, it is in your best interest to not stay repeatedly in the UK for the full six months, as the OP found out, unfortunately, to her cost.

Staying in the UK for extended periods of time, even when within the legal limits, would look suspiciously like trying to reside in the UK under the guise of a visit visa and hence attempting to frustrate the immigration rules.