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Mother VISA refusal 2nd Time

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technical_lemon
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Posts: 37
Joined: Wed Oct 07, 2009 2:23 pm

Mother VISA refusal 2nd Time

Post by technical_lemon » Thu Feb 18, 2010 4:08 pm

Last year in (Feb 2009) I applied for mum 2 years visa and after 8 month of wait it was refused on following grounds
• that the documents were more than 3 month old(ECO ignored the fact that application was sitting UKBA office for 8 month)
• ECO believe she will not leave uk as she not a genuine visitor..(although in the past she had a six month visa in 2008 and she visited uk for 2 months )
• accommodation details are not sufficient(although Property survey ,council tax,and utility Bills were attached)


I Re-applied last month and this time I take extra care and after reading on here I submitted following
• Letter of Sponsorship,
• Copy of my current passport
• Declaration
• Wage slips Current Employment –Pay slips Jan 08- October 2009
• Letter from employer (I am in Full time employment and earn btw 60 to 90K)
• Estimated Monthly expenses
• Bank statements January 2008 to Oct 2009 (10,000 savings for last 1 year)
• Council Tax Bill confirming the address.
• Utility bill- EON/Thame swater
• Property Survey Report from council
• Property report from estate managing Agent
• Tenancy Agreement ( I Renewed the Agreement by paying extra fees so that it is up-to-date and valid for at least 10 month)
• Photographic Details of all the rooms in my house

Applicant related Docs

• One passport size coloured photograph
• Current Passport & Old Passport
• Application for Family Visitor Visa pages 1-10
• Ownership details of properties
• Tenancy agreement as a landlord for one house
• Bank Account containing 1 Million PKR for last 2 years.
• Proof of pension
• employment, Income details of son ( he is a Doctor )
• Family Tree ( which clearly states her 4 sisters 2 brother ,mother,father,1 son 3 daughters are in Pakistan I am the only one who is in UK.. so 99% of her relatives are in PK)
• Explanation letter confirming her age and interests
• Bank Account statement (Son)
• Medical check-up for fatal illnesses and valid Insurance.

It was refused again now on the basis that I can’t support her as my financial situation/circumstances are not good enough.

I have tried my level best to provide sufficient documentation (I have Plus 10,000 Pound in savings and I am earning a good amount.. all information related to this was attached i.e payslip, bank statements, employer reference)..

I really lost the will to fight as it seems they do not want to give the VISA..
Can you guys point out anything which should have prevent this decision..

Do you see any hope of registering a complaint or any other IDEA…….( Off course I am going to appeal against the decision VIS BHC route )

vikramaditya
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Denial

Post by vikramaditya » Thu Feb 18, 2010 5:08 pm

There seems to be a reasonable case for an appeal. A very high number of cases are decided incorrectly at the first stage, so I would suggest lodging an appeal.

batleykhan
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Posts: 3573
Joined: Mon Jul 30, 2007 3:58 pm
Location: West Yorkshire

Post by batleykhan » Thu Feb 18, 2010 5:46 pm

Appeal against decision.

I am suprised that someone earning between 60-90k cant support someone for a few months of which the total cost probally will not exceed a max of £3000 ( even some left over to shop at Harrods).

I have seen so many penniless sponsors whose loved one being granted visa.

Appeal within 28 days ensuring you complete AIT2 and send original refusal notice to preferably the post where she applied if not to AIT in UK.

On receipt teh ECM will review appeal notice and may grant visa without going to appeal hearing, if not then wait for hearing which will take approx 6 monthsand i am confident the decison will be overturned, depending wht and how you write your appeal notice ( yes there is art and technique to this)

Good luck

technical_lemon
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Posts: 37
Joined: Wed Oct 07, 2009 2:23 pm

Post by technical_lemon » Mon Mar 08, 2010 2:59 pm

hello..


I am about to appeal against the decision and here are the literal refusal words and my replies ..( Please I need your help to look up these)..

also any other suggestions( i am going to add my latest payslips and bank statement.)

######Refusal reason 1
41(vi)(vii)
On your application you have stated that you wish to visit your son ...Mr..ABC and that he will assist with your travel cost ,support and accommodation however you have presented no satisfactory evidence from them to show that they are able to do so ..

----------->Reply
ECO clearly mistreated the evidence attached to the application, I seriously think that this is either an administrative error or a human mistake as following docs were attached to the application.
These docs proves sponsor financial capabilities to support his Mums’ visit to UK..

• Employment letter (confirming permanent status with employer)
• Salary slips
• Bank statements (10k+ deposit) 1 year bank statements

ECO clearly ignored the evidence attached to the application again, I seriously think that this is either an administrative error or a human mistake as following docs were attached to the application and they have detailed information about sponsor abilities to provide adequate accommodation

• Tenancy Agreement
• Property Inspection report from Property Managing Agency
• Council Survey report
• Utility bills

#####Refusal reason 2
41 (i)(ii) you have provided no satisfactory evidence of your personnel circumstances and no satisfactory evidence of your income asset or savings in your country of residence. I have also noted that you have not included anyone being reliant on you and therefore consider that you have failed to show sufficiently strong family, social or economical ties to country. Given your personal circumstances I am not therefore satisfied that you are genuinely seeking entry as general visitor for a limited period as stated by you , not exceeding 6 months …

------------>Reply
PERSONAL circumstances were explained during the last application and available supporting documents were attached at that time..

ECO clearly ignored these documents, I seriously think that this is either an administrative error or a human mistake as following docs were attached to the application last time and they provide detailed information and ties which are reason for applicant to return home...



• Ownership details of properties
• Tenancy agreement as a landlord for one house
• Bank Account containing 1 Million PKR for last 2 years.
• Proof of pension
• employment, Income details of son ( he is a Doctor )
• Family Tree ( which clearly states her 4 sisters 2 brother ,mother,father,1 son 3 daughters are in Pakistan I am the only one who is in UK.. so 99% of her relatives are in PK)
• Explanation letter confirming her age and interests
• Bank Account statement (Son)
• Medical check-up for fatal illnesses and valid Insurance

immigrationuk2009
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Post by immigrationuk2009 » Mon Mar 08, 2010 6:44 pm

technical_lemon wrote:hello..


I am about to appeal against the decision and here are the literal refusal words and my replies ..( Please I need your help to look up these)..

also any other suggestions( i am going to add my latest payslips and bank statement.)

######Refusal reason 1
41(vi)(vii)
On your application you have stated that you wish to visit your son ...Mr..ABC and that he will assist with your travel cost ,support and accommodation however you have presented no satisfactory evidence from them to show that they are able to do so ..

----------->Reply
ECO clearly mistreated the evidence attached to the application, I seriously think that this is either an administrative error or a human mistake as following docs were attached to the application.
These docs proves sponsor financial capabilities to support his Mums’ visit to UK..

• Employment letter (confirming permanent status with employer)
• Salary slips
• Bank statements (10k+ deposit) 1 year bank statements

ECO clearly ignored the evidence attached to the application again, I seriously think that this is either an administrative error or a human mistake as following docs were attached to the application and they have detailed information about sponsor abilities to provide adequate accommodation

• Tenancy Agreement
• Property Inspection report from Property Managing Agency
• Council Survey report
• Utility bills

#####Refusal reason 2
41 (i)(ii) you have provided no satisfactory evidence of your personnel circumstances and no satisfactory evidence of your income asset or savings in your country of residence. I have also noted that you have not included anyone being reliant on you and therefore consider that you have failed to show sufficiently strong family, social or economical ties to country. Given your personal circumstances I am not therefore satisfied that you are genuinely seeking entry as general visitor for a limited period as stated by you , not exceeding 6 months …

------------>Reply
PERSONAL circumstances were explained during the last application and available supporting documents were attached at that time..

ECO clearly ignored these documents, I seriously think that this is either an administrative error or a human mistake as following docs were attached to the application last time and they provide detailed information and ties which are reason for applicant to return home...



• Ownership details of properties
• Tenancy agreement as a landlord for one house
• Bank Account containing 1 Million PKR for last 2 years.
• Proof of pension
• employment, Income details of son ( he is a Doctor )
• Family Tree ( which clearly states her 4 sisters 2 brother ,mother,father,1 son 3 daughters are in Pakistan I am the only one who is in UK.. so 99% of her relatives are in PK)
• Explanation letter confirming her age and interests
• Bank Account statement (Son)
• Medical check-up for fatal illnesses and valid Insurance
My question is why you had not appealed when you were refused in first time.You have a very good case and you have won now.Anyway appeal now and you would win.


UK_Banned_Member
Please always seek legal advise from OSIC consultant or immigration solicitor.These are my personal views gain through experience or study.


UK_Banned_Member

batleykhan
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Posts: 3573
Joined: Mon Jul 30, 2007 3:58 pm
Location: West Yorkshire

Post by batleykhan » Mon Mar 08, 2010 9:55 pm

TL, there is a technique to writting the appeal notice. It is complicated and can make all teh difference between getting the ECM to overturn the decision or refuse it,

reading your response, I am afraid to say that its not good enough.

PM me and Iwill send you a sample of one taht I did for a friend of mine. It will give you an idea, but be quick as you only have 28 days to lodge appeal from day of refusal
I applied for mum 2 years visa
Whats this , there is no such as 2 yrs visa- visitors visa is for 6 months max

technical_lemon
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Posts: 37
Joined: Wed Oct 07, 2009 2:23 pm

Post by technical_lemon » Mon Mar 08, 2010 11:09 pm

HI Khan,

Sent you PM...

Quote:
I applied for mum 2 years visa

Long term multiple entry ( there are visa's valid for 6 month,1 year,2 year and 5 year--- i understand max stay is 6 month in a year)

When we get refusal last year we appealed but decided to apply fresh as well ..as in case of refusal we will already have appeal in the pipeline..(Correct me if this was not allowed)
Now for previous refusal ... appeal is already on way .. we now got a hearing date (last wk of April.).

Will new appeal invalidate the old appeal ?

bunty1
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Posts: 8
Joined: Tue Mar 09, 2010 10:36 am

Post by bunty1 » Tue Mar 09, 2010 11:03 am

Hi all,

the same thing happened with the visa of my parents. I applied for them last year but was refused on the basis, that the sponsor didn't provide the documents to prove his earnings, savings nd accomodation ( I have provided all docs & received back from them as well)
and the other point was ECO was not satisfied that they will return back after completion of their stay.

My parents have already visited uk earlier in 2008 for three months.

Unfortunately I could not appeal due to some domestic problems. But now planning to apply again.

T L, Mr Khan or any other senior members, can you please guide me how should I prepare my case now?

How and what should I write so that It will clear to ECO the points of previous objection?

Please guide me, I will be very thankful to you.

I have seen on the forum, a number of people ve got good advices and have a hope that I will get some help as well.

thanks

bunty1
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Posts: 8
Joined: Tue Mar 09, 2010 10:36 am

Post by bunty1 » Tue Mar 09, 2010 3:24 pm

any advice please ?

immigrationuk2009
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Post by immigrationuk2009 » Tue Mar 09, 2010 7:37 pm

technical_lemon wrote:HI Khan,

Sent you PM...

Quote:
I applied for mum 2 years visa

Long term multiple entry ( there are visa's valid for 6 month,1 year,2 year and 5 year--- i understand max stay is 6 month in a year)

When we get refusal last year we appealed but decided to apply fresh as well ..as in case of refusal we will already have appeal in the pipeline..(Correct me if this was not allowed)
Now for previous refusal ... appeal is already on way .. we now got a hearing date (last wk of April.).

Will new appeal invalidate the old appeal ?

You did the right thing.
No new appeal would not invalidate new appeal

Even you can make third application. :D

Best Luck

UK_Banned_Member
Please always seek legal advise from OSIC consultant or immigration solicitor.These are my personal views gain through experience or study.


UK_Banned_Member

batleykhan
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Posts: 3573
Joined: Mon Jul 30, 2007 3:58 pm
Location: West Yorkshire

Post by batleykhan » Tue Mar 09, 2010 9:19 pm

I applied for mum 2 years visa
I hope its not first time multiple 2 yrs visa, as the chances of getting that are practically nil.

You need at least 2-3 six months visa befores you stand a chance of getting 2 or 5 yrs multiple visa

batleykhan
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Location: West Yorkshire

Post by batleykhan » Tue Mar 09, 2010 9:24 pm

and the other point was ECO was not satisfied that they will return back after completion of their stay.
Common reason in Indo subcontinent- Sponsor spends so much attention to prove why she should come to UK and forgets to prove that she will go back.

The latter is more important to me than the first

bunty1
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Post by bunty1 » Wed Mar 10, 2010 3:01 pm

hi Batleykhan,

thanks, yeh u r right it s more important to give prove tht they will go back after visit.

Now i have to write and clarify in new application, the previous refusal points.

will that be ok if i write those points and PM you for your checking, so that if there is any need to amend you can advise me.

thank you very much.

batleykhan
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Location: West Yorkshire

Post by batleykhan » Wed Mar 10, 2010 9:21 pm

Yes I will do a quick check for you. :wink:

bunty1
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Post by bunty1 » Fri Mar 12, 2010 10:26 pm

thank you very much batleykhan, I have sent PM to u.

batleykhan
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Posts: 3573
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Location: West Yorkshire

Post by batleykhan » Mon Mar 15, 2010 8:47 am

I have checked and emailed it back to you. Check your email.

bunty1
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Post by bunty1 » Mon Mar 15, 2010 2:04 pm

yeah I have received that, thank you very much batleykhan for your help.

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