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Refusal of mothers visa

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IBS
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Refusal of mothers visa

Post by IBS » Sat Aug 29, 2009 11:08 am

Dear All,

This is regarding my mother's visitors visa for period of 2 years which was refused. I hold ILR status and my husband is a British citizen.

My mother who is a widow, visited UK for 5 months. She returned back to India on 03/10/2009, we applied for 2 year multiple entry visa on 14/08/09 stating it would be difficult to apply visa every time she visits us. However her visa has been refused for following reasons,

1. failure to provide any credible explanation as to why she needs to return UK so soon after returning.

2. My husband who is a British citizen, while writng a sponsor letter erroeneously wrote 'I would like my mother in law to visit UK and spend 24 months with my family ' According to entry clearance officer this statement damages the creditbility of application and leaves a doubt about the intentions.

with the above statements the ECO states he is not satisfied that my mother is not a genuine visitor for limited period ( 6 months ), or that you will leave the UK at the end of any period of leave granted to you.

We have been sent a appeal letter within 28 days.

I would appreciate guidance as to whether I should appeal or reapply for the visa and anyone suggest a reputed solicitor for furthur guidance for appeal.

Regards,

Shabana Syed.

vinny
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Post by vinny » Sat Aug 29, 2009 11:39 am

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.

batleykhan
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Post by batleykhan » Sun Aug 30, 2009 11:35 am

My advice wouldbe to reapply again giving credible evidence and credence to the fact that she only wants to come as a visitor and not to stay permanantly.

The ECO is clearly stating that he thinks your mum wants to come to stay for good rather than someone who wants to just visit if and when neccesary.

Trying to get ones elderly parents to come for good is very very difficult as they have to meet certain strict criterias.

If on the other hand she is a genuine visitor, then she has to show what incentives/family/job etc they have to return to back home for.

An appeal will take a good 6-8 months to be sorted out.

Your mum is by any chance a time traveller is she?
She returned back to India on 03/10/2009,
:D

vinny
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Post by vinny » Sun Aug 30, 2009 11:36 pm

batleykhan wrote:
Your mum is by any chance a time traveller is she?
She returned back to India on 03/10/2009,
:D
Wish I was one!
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.

drhopeful
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Hi

Post by drhopeful » Mon Aug 31, 2009 8:29 am

I wish, she could have travelled on that date.
Sorry, It was actually meant to be 3/08/2009.

Yes, these kind of errors are the reasons visa being refused :cry:

djb123
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Post by djb123 » Mon Aug 31, 2009 8:56 am

batleykhan wrote:My advice wouldbe to reapply again giving credible evidence and credence to the fact that she only wants to come as a visitor and not to stay permanantly.
As she has only just left the UK after spending 5 months here there is little point in re-applying until next year.

IBS
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Post by IBS » Mon Aug 31, 2009 10:22 am

Dear All,

Many thanks for the reply and correction for the date.

Dear Vinny is the statement you have provided from the rule of UK ?

djb123
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Post by djb123 » Mon Aug 31, 2009 10:45 am

IBS wrote:Dear All,

Many thanks for the reply and correction for the date.

Dear Vinny is the statement you have provided from the rule of UK ?
Try this link (section 3)

http://ukba.homeoffice.gov.uk/siteconte ... iew=Binary

batleykhan
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Post by batleykhan » Mon Aug 31, 2009 11:47 am

batleykhan wrote:
My advice wouldbe to reapply again giving credible evidence and credence to the fact that she only wants to come as a visitor and not to stay permanantly.


As she has only just left the UK after spending 5 months here there is little point in re-applying until next year.
Sorry,yes that is what I meant. Maybe some time early next year. You may want to consider a 2 yrs multiple visa instead of the normal 6 months. That way it would mean she would not need to reapply if and when she wants to come in that 2 yr period..... but they are difficult to get, but I have known people to get them.

IBS
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Post by IBS » Tue Sep 01, 2009 5:44 am

Thanks a lot for your help !!!

I wonder I would have a option of reapplying while the appeal is in process :?:

vinny
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Post by vinny » Tue Sep 01, 2009 8:31 am

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.

IBS
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Post by IBS » Tue Sep 01, 2009 1:37 pm

I plan to appeal, as my mom has still option of applying for the visitors visa later. I would be grateful if one could help me by addressing a good solicitor. :(

batleykhan
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Post by batleykhan » Tue Sep 01, 2009 2:40 pm

Personally speaking I think you will be wasting your time and money appealing. Solicitors doing full appeals wont come cheap.

What is your mums real intentions?. I mean does she just wants to be a visitor who may want to come and spend 3-6 months every couple of years or so, or do you want your mum to stay longer or wants to come over permnantly?.

If it is the first, then an application for a multiple entry visa would be the best route for your mum to take.

If it is the latter that you want, appealing against the decision is a waste of time. You might as well make a fresh application (elderly dependent parents category visa) and hope that you succeed.

I am interested to know on what grounds of your refusal notice that you are going to appeal?

waqar001
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Post by waqar001 » Tue Sep 01, 2009 2:54 pm

Hi,
Problem with ur visa application was asking them that ur mother wanna stay for 2 year, by law even if a vistor got 2 year multipal visa still they cant live in uk for 2 years continuse they have to leave the country after 6 months and r-enter again and by asking them she wanna live for 2 years got you in this problem.

IBS
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Post by IBS » Tue Sep 01, 2009 3:02 pm

Firstly, I want my mom to stay with me as visitor ( 3- 6 months ) as we have house warming ceremony so that she could attend.

At back of my mind I always would want my mother to stay with me for longer later as she stayes alone by herself and she is a widow. my sis ter snd brother are away.

And it is by mistake my husband wrote 24 months instead of 6 months

any suggestions

batleykhan
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Post by batleykhan » Tue Sep 01, 2009 10:59 pm

At back of my mind I always would want my mother to stay with me for longer later as she stayes alone by herself and she is a widow. my sis ter snd brother are away.
You have two options. If you want above then a visitors visa is not suitable, as that would not allow your mum to stay more than 6 months. You will need to apply for dependent parents visa.

Here are the requirements for that,but must warn you that they are very difficult to obtain because of the strict requirement.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The alternative and easier one is the family visitor visa. This could be for 6 month, 2 & 5 years....... but remember the she can not stay a day longer than 6 months. she will have to leave and then re-enter again.

The 2 & 5 yrs one are slightly harder to get the one off 6 months, becaus you have to give good reasons why she would want to come to the UK so many times without making it obvious that she would like to spend as much time with you because there is no one to look after her back home.

If I was in your shoes, I would make a new application for a family visitor visa rather than appealing,making sure you dont make the same mistakes as last time

IBS
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Post by IBS » Wed Sep 02, 2009 3:27 pm

Mny thanks for reply,

What would be the strong reasons to convince ECO :roll:

batleykhan
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Post by batleykhan » Wed Sep 02, 2009 4:30 pm

What would be the strong reasons to convince ECO Rolling Eyes
You would know the answer better than anybody else, as you know your personal circumstances better than anybody else.

Show what she has to return for, from where she came.Example her brothers, sisters, sons, daughters, grand kids,her home, her land, her pension, her savings, her friends etc.

If you cant prove she has incentive to return to her country , then I think you are wasting time and money applying or appealing in view of her recent refusal

navbulls
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Post by navbulls » Wed Sep 02, 2009 8:18 pm

Hi!
Sorry to hear about your mother's refusal... I know someone who personally went through all this.. Mr Khan is right in saying dependent visa for parents are very hard to obtain. Most of these cases go to appeal and it’s very hard to convince as the home office have a point that "You have other brother and sisters who can look after your mother".

If your mother is over 65 there would have been a strong chance that she would have got 5 year visitor visa second time she applied.
Blessed are those who can give without remembering and take without forgetting...

IBS
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Post by IBS » Fri Sep 04, 2009 8:21 am

If I dont appeal now and reapply later for her visa later will it not be considered a bad mark for accepting what ECO has claimed

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