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Long term Standard Visa refused

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dkm
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Long term Standard Visa refused

Post by dkm » Tue Mar 08, 2016 2:39 pm

Hi,

I ( British Citizen, so is my wife and Child) had recently applied for a Long term ( 10 Year) Standard Visitor visa for my mother(an Indian Citizen). The Visa was approved but only for 6 Months.

The Letter from the High commission Stated

" To qualify for a Long term visa you must show that you intend to travel to the UK often. You need to provide information and supporting evidence to satisfy the entry clearance officer that your circumstances are likely to remain very similar for the full duration of the visa validity, and tha over the duration of your proposed visit you can afford to stay in the UK without working. Most Importantly you need to staisfy the officer that you will be making short trips to the UK and will leave at the end of each visit.
Furthermore it is evident from your application that you have travelled to the UK to provide Child care for 5 months previously and that appears to be the main reasons for your ongoing visits to the UK. Where a Family member coming to look after a child in UK is premitted provided its for a short visit and does not amount to the relative being employed as a child minder.
I am not satisfied that this is the case."

There seems to be a misunderstanding i think from the officer who reviewed this case, please correct me if you think that is not the case.

1. The Reason for the visit i mentioned in the Invitation letter was that we are expecting our 2nd child and in the future to come to the UK to visit both the grandchildren.
2. My mother visited UK in 2013 but my wife was not pregnant nor did we have a Child.
3. This is her 2nd visit to the UK and my 1st child was born in 2015 in the UK.
4. Since my mother is unemployed i did mention that i would be supporting her financialy, which was the case with her previous application as well.
5. My Mother has been travelling for more than 10 years as i have sibling living in USA and Australia. ( May not be relevant but has a good travel History).

My question is.
1. Am i right in thinking that the Case officer got the Child minder thing wong or is it that the case officer is looking at it from a different prespective which i cant see..?
1. Is there a way i can appeal this though she has got the visa?
2. If not do i need to mention this, about this the next visa application.?
3. What according to you is the main reason for the refusal.
a. That she is coming as a child minder
b. She is unemployed and my financial support is not good enough to sustain her.
c. That she does not have a travel history for the UK.?
4. Should i attempt to apply for another 10 year visa on the next application?

Sorry about the long post, all suggestions and advice welcome.


thanks
dkm

Wanderer
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Ireland

Re: Long term Standard Visa refused

Post by Wanderer » Tue Mar 08, 2016 3:11 pm

Visit visas are for 2/3 week visits a couple of times ad hoc, they are not child-minding visas nor are they to be used as residency visas.

Case worker was spot on, you're lucky you got the six month one and if you mother stays for five months on this one you probably won't get another.
An chéad stad eile Stáisiún Uí Chonghaile....

vignezh
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Re: Long term Standard Visa refused

Post by vignezh » Tue Mar 08, 2016 3:41 pm

Wanderer wrote:Visit visas are for 2/3 week visits a couple of times ad hoc, they are not child-minding visas nor are they to be used as residency visas.

Case worker was spot on, you're lucky you got the six month one and if you mother stays for five months on this one you probably won't get another.
I think if you try the 10 year visa once your mother has visited UK for 2-4 times, the chances are higher. It would help if you have a sibling or close relative in India that your mother depend on (adding strong reason to return home following the UK trip)

I disagree with Wanderer when he says your mother's future visas will be hampered if she stays for five months in the UK. There are many who travel to UK on visit visas and stay the full length. As far as they can afford the stay (with/without help from sponsor) and return before the visa expiry, you will be fine. Perhaps while travelling, it might be a good idea to get a return ticket in 2 months time and may be postpone this later.

You should have included a line on the cover letter to say, "this visit is not for childcare purpose and is merely to spend time with the family during the joyful time of the birth of a grandchild".

noajthan
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Re: Long term Standard Visa refused

Post by noajthan » Tue Mar 08, 2016 3:50 pm

dkm wrote:The Letter from the High commission Stated

" To qualify for a Long term visa you must show that you intend to travel to the UK often. You need to provide information and supporting evidence to satisfy the entry clearance officer that your circumstances are likely to remain very similar for the full duration of the visa validity, and tha over the duration of your proposed visit you can afford to stay in the UK without working. Most Importantly you need to staisfy the officer that you will be making short trips to the UK and will leave at the end of each visit.
Furthermore it is evident from your application that you have travelled to the UK to provide Child care for 5 months previously and that appears to be the main reasons for your ongoing visits to the UK. Where a Family member coming to look after a child in UK is premitted provided its for a short visit and does not amount to the relative being employed as a child minder.
I am not satisfied that this is the case."

...
There seems to be a fundamental misunderstanding here of the meaning of "visit".

This seems to be the key:
Most Importantly you need to satisfy the officer that you will be making short trips to the UK and will leave at the end of each visit.
Based on other members' experiences, as posted in forum, a 6-month stay is (in HO terms) not a 'visit' but is 'residence'.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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CR001
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Re: Long term Standard Visa refused

Post by CR001 » Tue Mar 08, 2016 7:58 pm

Also, very ambitious of you to apply for a 10 year visit visa (which does not permit her to stay for long periods) if she has only visited the UK once.

Most people do a few visits with the 6 month visa and then 1 or 2 year visa and then 5 year and all the trips are 'visits' and not 6 months 'residence'. They then shoot for the 10 year visa.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dkm
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Joined: Thu Mar 13, 2014 9:49 pm

Re: Long term Standard Visa refused

Post by dkm » Wed Mar 09, 2016 5:03 pm

Thanks for the replies, all of the replies some how seem to highlight the length of the stay.
The gov website clearly states
https://www.gov.uk/standard-visitor-visa/overview
How long you can stay
You can usually stay in the UK for up to 6 months.

Also i have friends whoes parents have stayed for similar and longer lengths many times.

Also what about the child minder comment is that right..? dont you think that that was a mistake.?


thanks
dkm

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