FAMILY VISITOR APPEAL REMOVED

[prince.07]

This is the new Home Office decision on family visitor appeal.

Read:

http://www.ukba.homeoffice.gov.uk/sitec ... oyalassent

[vinny]

See also

Family visit and PBS appeals to be scrapped
What next for family visit/PBS appeal rights?
Family Visitor Appeals
Do family visa appeals cost taxpayers £1 million a week?
Scrapping family visitor appeal rights will save millions
Impact assessment
Immigration: Family visitor visa appeal rights.
Family visit visa reform to save £107 million over next decade

Visit visa refusals: appeal or judicial review?
Visitor appeal succeeds on human rights grounds > Mostafa (Article 8 in entry clearance) [2015] UKUT 112 (IAC) (6 March 2015)
Family visit appeal fails on human rights grounds > Adjei (visit visas – Article 8) (Rev 1) [2015] UKUT 261 (IAC) (6 May 2015)

Inspection of family visit visa system: serious problems remain > The Chief Inspector examined the impact of the removal of full appeal rights on Family Visitor applicants > Report.

[prince.07]

Please, Is the UKBA decision final?

[gdl]

Hello All,

Hope all of us support for this petition to be considered by showing support and frustration caused by UKBA.

http://epetitions.direct.gov.uk/petitions/34835

Please ask your friends and families...as many people as you possibly can...email this link to one and all... as huge numbers are still required for this petition to be considered.

Major numbers will come at this stage from others rather than actual applicants- and they should assist assuming someday in future they could be directly affected by this in action.

Regards

[deleted_user]

Please, Is the UKBA decision final?

Yes this was always the plan. I mentioned this in my post:
http://www.immigrationboards.com/viewtopic.php?t=110182

Here is the crime and courts bill, sponsored by none other than our beloved Mrs Theresa May.
http://services.parliament.uk/bills/201 ... ourts.html

I've signed the petitions.

[prince.07]

This decision is a breach of ECHR Article 8. This action i think can be challenged in Court.

[deleted_user]

This decision is a breach of ECHR Article 8. This action i think can be challenged in Court.

I don't think you can bring family life challenge for visit visa which if issued only allows the visitor 6 months in the UK. Even if you challenge, I believe you will get 6 months visit visa max for all your effort.

This type of change has been done before: http://www.guardian.co.uk/uk/2011/may/0 ... isa-appeal

Appeal rights for family visit visas have a charged political history. They were abolished by Ken Clarke as home secretary in 1992, when he told MPs that while he recognised those who were refused were greatly disappointed they could not come to Britain, this "was not a matter of life or death".

These "new" rules are all very clever and a form of ethnic cleansing in the name of immigration.

[deleted_user]

What is interesting is whether a person applying for a long term visit visa say 5 or 10 years can get a refund of their visa fee (upto £737) if they are not issued the visa.

Since no appeal is allowed another application would require making the payment again.

The payment is made (proportionally more) based on duration of visa. So for single visit its around £80 increasing to £737 for 10yr. Since the long visit visa was never issued, can it be argued (in court) that the "added benefit" for a long term visa (for which the payment was proportionately more) was never granted so the applicant should be refunded the application fee minus £80 (the single visit fee) which is just enough to pay for cost of processing the application.

As per http://www.ukba.homeoffice.gov.uk/aboutus/fees/

One of the factor contributing to the fee is the "the value of a successful application to the migrant". Since the visa was never issued and can't be appealed this value should be refunded.

Can someone knowledgeable look into this. It would be a real kick to government policy as they will be unable to make money off the backs of failed visit visa applications.

[vinny]

The Home Office is removing the full right of appeal for applicants refused leave to enter the UK as a family visitor.

On 25 April 2013 Royal Assent was given to a clause in the Crime and Courts Bill, published on 10 May 2012, which will allow the change to be pushed through.

The change is expected to come into force on or soon after 25 June. The new appeal arrangements will apply to anybody who applies to enter the UK to visit a family member on or after the implementation date.

By removing the right of appeal, we are bringing the family visitor visa in line with all other visitor visa categories. Applicants who are refused can re-apply addressing the reasons for refusal instead of appealing. This will be quicker and cost less than an appeal. In 2011-12 95% of applications were decided within 15 days, whereas the appeal system can take up to 8 months to deliver a result.

[vinny]

Family visit appeals abolished and bonds introduced.

[batleykhan]

Family visit appeals abolished and bonds introduced.

Certain people in these countries must be all rubbing their hands in glee. Pay only £3000, come to the UK and then disappear.

God people pay 5 times that much just to come here illegally and then disappear....but for £3k, its a bargain.

Thanks Mrs May......for once you are doing something that is playing right into the hands of would be illegal immigrants.

However if you look at it from another point of view,If someone who who is willing to pay the bond and the visa will be granted, they may well benefit from this . An example of this would be a mother who comes to the UK because her daughter is expecting. However as she has no land,bank accounts, property etc on her name, the ECO will probably refuse her visa because he feels she has no incentive to return back home.

However the mother will return after the visit and will not abscond. This way she and her family benefits, whereas they probably will not have done under the old rules.

I would gladly pay this amount, if the visa will be granted to my family member if the needs arise.

However my concern is the unscrupulous people who will gladly pay the £3k bond for someone, if that person is willing to pay a further £10k for all the work/profit of the sponsor.

Some people will make a lot of money and believe me a lot of people would gladly pay the £10k from these countries.

[vinny]

Visit visa refusals: appeal or judicial review?

[vinny]

Refusal rate for family visit visas jumped after appeals abolished

[changemaker]

Hello!

I've started the petition "Theresa May, UK Government: Bring back the right of appeal for family visit visas" and need your help to get it off the ground.

Will you take 30 seconds to sign it right now? Here's the link:

http://www.change.org/p/theresa-may-uk- ... isit-visas