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Visitor visa - Dilemma with sponsor letter EEA national

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eldane
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Joined: Tue Jan 06, 2009 3:32 pm
Location: Milton Keynes, UK
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Visitor visa - Dilemma with sponsor letter EEA national

Post by eldane » Tue Sep 01, 2015 12:16 pm

Hello folks,

I am a bit in a dilemma with a short time familly visit visa application and I was hoping to get an outsiders opinion on my plan of action.

Application country: Colombia
Nationality of applicant: Colombia
Applicants family relationship to sponsor(s): daughter / Son-in-law
Sponsors entitlement to be in the UK: Colombian married to EEA with permanent residence card

Objective: Have the applicant come to visit for a period of up to 6 months. Event reason is birth of child of the sponsors and upcoming surgery of one of the sponsors who will require a bit of help while recovering from surgery.
Potentially also applying for residence card due to the applicant being dependent of the sponsors.

Past events: When my girlfriend (now wife) back in Nov 2012 applied for a visitor visa she was turned down due to not being able to demonstrate she would return to Colombia after the visa experied despite she had attached a document from her local uni confirming she was to start a course there.
However, that document misteriously disappeared from the bundle of documents handed in withthe visa application. The ECM was not very willing to assist and I had to get my MP and finally the Visa HUB area Operation Manager involved though they all denied the existence of said document. I assume the document had been removed from the bundle in order to make sure there were valid grounds for a refusal which I mentioned to al nvolved. This caused a huge cry from all related to UKVI as being a proposterous allegation hence my girlfriend was offered to reapply with the "missing" document.
In the mean while we decided that we did not want to get shafted once more so we moved to the EEA FP route and advised the Operation Manager of this.
As we had faily short time between wedding and planned travel plans I managed to convince the OPS manager to make the ECM process the application on a priority basis i.e within 2 days.
This went through and we have since been living in the UK.

Now we want my NON EEA wifes mom (my mother-in-law) to come overr to the UK when my wife gives birth and is to go through surgery for another matter.
I don't feelk like being screwed over again so I wrote a bit harsh sponsor letter which I then shaped to be a bit more friendly however, I am not sure if I should mention the struggles we had when applying for my girlfriend/wifes visa. Would it perhaps cause ECO negativity and causeg him/her so issue a refusal for what ever stupid reason? Or would he(she think I better watch out how I do this?

I have pasted the letter below so feel free to give me guidance as to what to correct. Mind you I need the letter sent by end of the day tomorrow as my mother+in+law has her appointment on Wednesday morning.

British Embassy in Colombia Xham, 1st September 2015
Cra 9 # 76-49 Piso 9
Bogotá
Colombia


For ECO, ECM and the OPS manager,
A heads up for the ECO; as the sponsors of this visa application we would like to draw attention to the struggles we experienced in applications GWF0174317XX and GWF0166869XX pertaining the daughter of the applicant now residing in the UK as a family member to an EEA citizen with permanent residence in the UK. It would be rather disappointing if we again would have to get our MP, the ECM and the Americas Operations manager involved, as we had to in the above mentioned applications, in order to overturn a refusal to issue D the family visa she is applying for.

This is our letter of sponsorship for:

D E RodXXXX CXXX
Cra. 7X #X2-119
Paraíso
080001 Bham
Passport number: AR04XXXXXX

Who is applying for entry clearance for a short stay of up to 6 months as a family visitor.
We, the sponsors, would like to elaborate on the basis of which this sponsorship has its merits. I, MXXXX LXXXX, am a Danish citizen with permanent residence in United Kingdom for the last twelve years; exercising treaty rights per EU Directive 2004/38/EC or The Immigration (European Economic Area) Regulations 2006 with amendments. KXXXX CXXXXX JXXXX RodXXX, who is my Non EEA spouse with residence in virtue of being married to an EEA citizen exercising EU treaty rights as per above is enjoying the same rights due to her marriage to an EEA citizen.
We have for the reasons mentioned above enclosed several documents from the EEA spon¬sors together with the actual visa application from KXXXXX’s mother, DXXX EXXX RodXX CXXXX. These form the basis for this visa application. We have also enclosed documen¬tation to prove how we are related family wise.
As KXXXXX, the applicants daughter, is due to give birth to our first born child on the 26th of October 2015 (please see midwife MAT B1 certificate) she is quite keen to have the most confident person in her life (her mom) present during birth as well as being able to provide KXXXXX with emotional support and act as her guide through the ordeal of giving birth for the first time in her life – you could almost categorised this as a human right. Mind you to KXXXXX this is entirely unknown territory.
May I also add that I, the EEA sponsor, am travelling quite a bit in my job in BXXX SXXXX and it could very well happen that I would be in the bank’s head quarter in Spain or in one of the UK Data centres when KXXXXX is due to give birth which is another reason why KXXXXX is keen that her mom is present in this, for KXXXXX, challenging time.
Obviously we are all excited for the new baby boy’s arrival and we have therefore planned to celebrate Christmas with the EEA citizens’ parents in Denmark. The family in Denmark is very keen getting acquainted with my wife’s mom i.e. the EEA citizens mother-in-law while she is in the UK. So; as KXXXXX’s mom hopefully is getting her visa for the UK my par¬ents has of course extended the invitation to include D, KXXXXX’s mom, and you are wel¬come to check that D has a freshly issued Schengen visa in the passport.
We will return to the UK after X-mas so we can celebrate the New Year in England and so D can be present when KXXXXX is admitted for surgery start of February/March 2016. D has her return back to Colombia booked for 9 of April 2016.
With regards to the applicants income; the applicant is not able to find employment in Colombia due to her age and has therefore been retired from the labour market for several years. Thus, she has neither funds available nor savings and lives in a dwelling purchased by us i.e KXXXXX and myself. The house KXXXXX’s mom used to live in was repossessed a bit more than 1 year ago. The deed has been enclosed for your perusal to confirm that the ap¬plicate does not have other expenses but those related to personal subsistence which is also covered by the sponsors on a monthly basis of approx. £120 which can also be con¬firmed if the bank extracts from Barclays are scrutinised for Western Union entries.
Hence allow us to confirm that we the sponsors cover ALL expenses incl. the airfare to/in Europe, expenses relating to obtaining the visas, food, accommodation and entertainment.
The remaining evidence of our bona fide intentions is documented as follows:
1. I am enclosing documentation of our residence card as EEA citizens in United Kingdom
2. To substantiate the claims above I am enclosing the following documents:
• A copy of our passport’s data page to demonstrate our identities
• A copy of our marriage certificate in Spanish translated into English both legalised (please bear in mind you already have the original on file when you processed KXXXXX’s EEA family Permit application GWF01743XXXX.
• A copy of the EEA employment contract in the UK
• Copy of my National Insurance cards and UK drivers licenses
• Copies of the last three months’ pay slips in my current employment and KXXXXX’s sole trader business invoices for the last 4 months.
• Copies of three months bank statements from our Barclays account.
• A copy of the lease agreement for our house (2 ensuite bed rooms, 1 bed room, 1 study, liv¬ing room, hallway, a family bath room, garden and garage) in MK.
• A copy of my council tax statement and Utility bill as reference to our residence.
• Copies of KXXXXX’s medical records to confirm she indeed is due on the date claimed and that she is scheduled for surgery after she has given birth.

We have estimated the costs of D’ visit to be as follows:
Air fare to the UK £800.00
Air fare to Denmark £50.00
Meals £250.00
Schengen Travel health insurance £75.00
Entertainment and Misc. £250.00
Total for 5-6 months visit £1,425.00
I hope you find the arrangements suggested suitable and without further grants D the requested entry clearance she seeks. It is our belief that D has a right to socialise with her daughter as grandchild which is tantamount to a human right.
Should additional information be required please do not hesitate contacting us by email or telephone which can be found in the header.
We believe we have managed to demonstrate that this application is made by a bona fide applicant and that we as well as the applicant have provided sufficient evidence to substantiate that she is returning back to Colombia before the 6 months family visit visa elapse. Please also be advised that there is no reason claiming recourse to public funds by the applicant. In fact the EAA citizen has been resident in the UK for 12 years and never claimed any sort of public funds nor has KXXXXX the 2 ½ years she has been in the UK. It is basically not in our nature scrounging on the benefits system.


Yours sincerely,

XX YY



Any opinions highly desired,
El danes
Good intentions are appreciated but results are what matters..

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Dilemma with sponsor letter EEA national

Post by noajthan » Tue Sep 01, 2015 12:49 pm

eldane wrote:Hello folks,

I am a bit in a dilemma with a short time familly visit visa application and I was hoping to get an outsiders opinion on my plan of action.

Application country: Colombia
Nationality of applicant: Colombia
Applicants family relationship to sponsor(s): daughter / Son-in-law
Sponsors entitlement to be in the UK: Colombian married to EEA with permanent residence card

Objective: Have the applicant come to visit for a period of up to 6 months. Event reason is birth of child of the sponsors and upcoming surgery of one of the sponsors who will require a bit of help while recovering from surgery.
Potentially also applying for residence card due to the applicant being dependent of the sponsors.

...

Now we want my NON EEA wifes mom (my mother-in-law) to come overr to the UK when my wife gives birth and is to go through surgery for another matter.
I don't feelk like being screwed over again so I wrote a bit harsh sponsor letter which I then shaped to be a bit more friendly however, I am not sure if I should mention the struggles we had when applying for my girlfriend/wifes visa. Would it perhaps cause ECO negativity and causeg him/her so issue a refusal for what ever stupid reason? Or would he(she think I better watch out how I do this?

I have pasted the letter below so feel free to give me guidance as to what to correct.

...

Any opinions highly desired,
El danes
I would treat this as a self-contained & independent application.
No need to rake up old battles - why confuse the issue.
Keep your powder dry until/unless something goes wrong this time.

It seems a comprehensive letter but quite dense & hard to read.
Formatting & spacing would make it easier to read (I understand you posted it unformatted in this forum).

I'd leave out the final sentence about "scrounging".
You could replace it with a form of thanks if you felt like it.
How about "Thank you for your patience and understanding of our case" or something along those lines.

With a new baby I've found first 21 years the most challenging.
Best of luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

eldane
Member
Posts: 184
Joined: Tue Jan 06, 2009 3:32 pm
Location: Milton Keynes, UK
Mood:
Denmark

Re: Visitor visa - Dilemma with sponsor letter EEA national

Post by eldane » Tue Sep 01, 2015 1:20 pm

Cheers for the advise. That was also what I was kind of thinking but was a bit unsure it it was resonable to expect a fair application case working.

The thing about having a child I must admit I found the first 12 years plesant and the remaining less so :-)


Many thanks
Eldanes
Good intentions are appreciated but results are what matters..

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