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Family Visit visa for Mother Rejected and appeal dismissed

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r007
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Family Visit visa for Mother Rejected and appeal dismissed

Post by r007 » Wed May 26, 2010 9:31 am

Hi All,

Please advice on the below case

I stay in UK with T1 visa, my dad passed away and I wanted my mother to stay with me in UK.

I have applied her a dependent Visa (Which was my mistake in applying as dependent), and it got rejected in 5 days saying mother cannot be dependent.

In the same week of rejection i have applied a Family Visitor visa, and the same got rejected saying the intention of the application is not genuine and she may not leave UK after visa expiry. Also i have stated her as financially dependent on me. (Which was incorrect, as she has her own income from properties, but i failed to show that)


I have appealed for visitor visa in UK, last month First tribunal has heard the case and have rejected my appeal on the above two grounds again.

My solicitor says we can appeal once again in Upper tribunal

or

Also we can apply freshly a visitor visa showing her bank statements and proving that she is financially independent.


(Its been 8 months the visitor visa got rejected)

Can Any one suggest if we make a fresh application now, will that suceed?

Are there any chances of getting visitor visa after TWO rejections?

Wanderer
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Post by Wanderer » Wed May 26, 2010 9:40 am

No chance I'm afraid, the dependant visa app screwed things up - the UKBA is gonna assume any visit visa application will result in an attempt to settle.

I'd think it very unlikely UKBA will back down on this.
An chéad stad eile Stáisiún Uí Chonghaile....

r007
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Post by r007 » Wed May 26, 2010 9:46 am

So, you don't see any chances of getting visitir visa in near future?

Let me know any possbile way, so that i can try and get her here.

batleykhan
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Post by batleykhan » Wed May 26, 2010 1:51 pm

I am sorry to say you have cocked things big time by both applying for a dependant and visitor visa at the same time. You should have gone for or the other.

Now its unlikely you will get a dependents parents visa in the future as these are the most difficult to get unless you comply with the requirements 110%.

As someone who already stated here that any further visitor applications would almost certainly end in a refusal as the ECO will believe that if he issues a visa, the applicant will not return back home in view of her previous attempts and application.

If you have the opportunity to take it up to to Tier 2 level at the hearing, then take it, as that is your only hope of getting your mum any visas in the future.

If you look through the forum someone from India, succeeded in getting the visa for his mum in similar circumstances to yours :(

Guy_mk
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Post by Guy_mk » Wed May 26, 2010 9:57 pm

r007--Yes, you have messed it up-"Big Time", as others suggested. Do not blame yourself completely because you had the best interest in your heart for your mother, but the planning and approach was wrong.
I understand immotions are high especially after death in the family.

Afraid, your case have no chance of winning. Accept tribunal"s decession or go for upper tribunal but end result will be the same plus your solicitor fee and mental torcher for 12 months.

There are two options you have now.

1. Work hard and make your mother as comfortable as possible, keep regualr contacts and occasional visits.
Until you are permanant in the UK or you return.
2. Once you are permanant and your mother is 65 then you deceide as per immigration rules then.

Ofcourse lot of other requirements to meet too.
Best Wishes.

r007
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Post by r007 » Thu May 27, 2010 10:58 am

Thank you all for your replies.

I know am asking same queries again and again, but can any one reply for the following:

If i apply for a visitir visa again in another 2 months, with some property on the name of my mother and also some bank balance in her name (Say 10000 £).

Will there be any use in applying freshly with the above documents as proving that she has some attachement / obligations in her own country and then return after UK visit ?

Thanks again for answering

Wanderer
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Post by Wanderer » Thu May 27, 2010 12:12 pm

r007 wrote:Thank you all for your replies.

I know am asking same queries again and again, but can any one reply for the following:

If i apply for a visitir visa again in another 2 months, with some property on the name of my mother and also some bank balance in her name (Say 10000 £).

Will there be any use in applying freshly with the above documents as proving that she has some attachement / obligations in her own country and then return after UK visit ?

Thanks again for answering
You can try but the same assumptions will remain. Why not meet in Schengenland - France or somewhere?
An chéad stad eile Stáisiún Uí Chonghaile....

djb123
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Post by djb123 » Thu May 27, 2010 2:18 pm

r007 wrote:Thank you all for your replies.

I know am asking same queries again and again, but can any one reply for the following:

If i apply for a visitir visa again in another 2 months, with some property on the name of my mother and also some bank balance in her name (Say 10000 £).

Will there be any use in applying freshly with the above documents as proving that she has some attachement / obligations in her own country and then return after UK visit ?

Thanks again for answering
So when applying for a dependant visa your mother was totally dependant on you, and now when applying for a visitor visa she will have her own income and £10000 in the bank.

The ECO is going to have great difficulty trusting you and your mother....

batleykhan
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Post by batleykhan » Thu May 27, 2010 2:59 pm

If i apply for a visitir visa again in another 2 months, with some property on the name of my mother and also some bank balance in her name (Say 10000 £).
I am afraid by doing this, you are just digging a bigger hole for yourself as well as your mother than you did before.

You think by depositing a large sum of money in her account now that you are applying for a visitors visa, when she probally didnt have a penny because she was dependant on you, when you were applying for her dependant stay. will get her a visa, then you better think again my friend.

I hope you dont think I am harsh on you, but you need to sit down , calm yourself and think carefully about what you should do. I understand how desperately you want your mum to be with you in UK, but if you dont play your cards right, the only time and way you will be able to see her will be if you returned back home for good.

I still think your best and only hope is to take the matter to the 2nd tier of appeal procedure and hope and pray that it gets granted.

r007
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Thanks djb123 & batleykhan fro your replies.

Post by r007 » Fri May 28, 2010 9:57 am

Thanks djb123 & batleykhan fro your replies.

I have a small update on the status of my mother, my dad has set a WILL which inherited her a huge property and also some lease rental income of 500£ per month.

Also the bank statement of my mother which we submitted @ the time of initial application is having a deposit of the amount of 3000£. Now that according to WILL, bank deposits balances of my dad has been transferred to my mother , she is already having roughly 6000£ now, and also yet to receive another 3-4 k £ from other debtors.

So she can show atleast 10000£ in her bank account and the property of my dad which is recently got trasnferred on her name.

Also she is a co owner of the flat i own in india, which i have official documents.

All the above documents i can produce without any issues, will that help the visa application in any ways?

Your replies are much appreciated here.

Thanks again.

Wanderer
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Re: Thanks djb123 & batleykhan fro your replies.

Post by Wanderer » Fri May 28, 2010 9:59 am

r007 wrote:
All the above documents i can produce without any issues, will that help the visa application in any ways?
In my view no, the damage has already been done.
An chéad stad eile Stáisiún Uí Chonghaile....

batleykhan
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Re: Thanks djb123 & batleykhan fro your replies.

Post by batleykhan » Fri May 28, 2010 10:32 am

Wanderer wrote:
r007 wrote:
All the above documents i can produce without any issues, will that help the visa application in any ways?
In my view no, the damage has already been done.
I agree too much damage has been done to get anything done now. Anything you do now will raise doubts in the mind of the ECO looking at any subsequent application.

Saying that there is no harm in applying if you want to. All you have to loose now will be the fees you have to pay for the application. :(

r007
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Post by r007 » Tue Mar 08, 2011 3:22 pm

Finally have applied family visitor visa for my mother in feb 11 and got that stamped last week for 6 months.

So after 2 rejections and an oral appeal dismissal as well still the visa application was sucessful.

Troops
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Post by Troops » Thu Mar 10, 2011 8:49 pm

Hi, I am in the same situation as you.

As a matter of background, my mother is a widow and dependent upon me. She had a Dependent Visa which was valid between August 2005 till August 2010. She was with me in the UK between June 2006 till Oct 2007 but couldn’t stay long as she couldn’t sustain the cold weather in the UK.

Now she plans to come to the UK as we are expecting a baby in august and hence i applied for a family visitor visa on 28 Feb which was eventually rejected on the ground that she has not indicated which children actually supports her (i have mentioned in the form i have two sisiters in india) and also she has not submitted any documentation about her circumstances in india and the ECO is not satisfied that she is genuinely seeking entry as a visitor ?

She don’t have any intention to stay long although she didnt when she had a dependent visa.

We now have option to re-apply or make a appeal. The appeal process will take long so I think I should reapply.

Please could you let me know what documents you submitted after the two rejections?. Your urgent help will be much appreciated.

r007
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Post by r007 » Fri Mar 11, 2011 4:05 pm

We have submitted some property documents on her name, IT returns for last 2 years, bank balance in savings account and fixed deposites locked in for one to two years.

Along with these financial document, have submitted passport copies of my sister and her family to show that she has family attachment in india and she would retun back.

paige22
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Post by paige22 » Sat Mar 12, 2011 6:57 pm

I know a friend of mine who won her case after she had initially applied for a settlement visa for her mother. Your fresh application should be treated on its own merit. You will need a good solicitor to fight your case though!!

divyakhadye
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Post by divyakhadye » Thu Apr 21, 2011 7:01 pm

Hi Everyone. I just read the all the above comments. It Scares me.
Im 17 years old. I applied for settlement of child under 18. since my mother is an idefinite residant in London.
but my Application got rejected saying you need both the parents settled in Uk. my parents marriage brokedown years back but not legally. i have no contact with my father, but they rejected saying they need a Legal evidence.

I dont wish to appeal since its lengthy. and im too Eager to meet my Mother.

i was thinking about to apply for a "child visitor visa" so that i can live with my mother for few days.

but I saw the above few cases and that puts me in a Dilemma. Should i go for it?
Or any other ways?

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