Repeated Refusals

Can anyone help?

My wife has tried to get a visa for her sister several times and now they seem to deny the application because.... it was denied before!

She has a non EU passport and has applied as a visitor...then as a dependant and most recently for a work permit.

Is her track record always going to be held against her at any further applications?

Is it a waste of time applying again or should we try something else?

Many thanks

You have posted this in the Europe section which begs the question .... which country is the sister trying to gain admission to?

She is trying to enter the UK to be with her sister. who is here.

In view of its subject matter I have moved this to the General UK Immigration section of this Board.

OK, now that we know she is trying to enter the UK ... will those previous applications affect any further application? Well, they will certainly be taken into account, but that does not mean such applications will be refused automatically.

Why visitor's visa applications refused? Because of lack of "reason to return"?

I think that was the main reason for denying her a visit.

It seems totally unfair to refuse a family member permission to visit their closest relative........it seems there should be a bond system to be repaid on departure if they are that worried about overstaying visitors.
My wife has had several other family members come to see her......and subsequently leave as agreed....but her closest sister keeps getting denied!!!

Very frustrating!!

paulo wrote:I think that was the main reason for denying her a visit.

It seems totally unfair to refuse a family member permission to visit their closest relative........it seems there should be a bond system to be repaid on departure if they are that worried about overstaying visitors.
My wife has had several other family members come to see her......and subsequently leave as agreed....but her closest sister keeps getting denied!!!

Very frustrating!!

Whilst I sympathise with your relative's situation it is often useful to remember that:

1. Entry into the UK is a privilege and not a right for those who do not have the Right of Abode (British Citizens and Commonwealth Citizens with Right of Abode).

2. You have the right to be with your family but not necessarily in the UK.

Family members who do not have the right of abode nor are exempt from immigration control must satisfy an official authorised by the British Government i.e. Entry Clearance Officer at an overseas post or an Immigration Officer at a Port of Entry that they meet the requirements of the rules for the category of entry they seek to be admitted into the UK. It would seem your relative has failed to demonstrate this. Without knowing all the facts of the matter it is not possible to comment on the refusals but note that the officials must follow the rules in a fair/ non discriminatory manner.

The bonds you state are not enforceable and they raise complex legal issues to include that of a State holding funds akin to a financial institution. On what grounds have the applications been refused in particular the WP (although I suspect this to actually be a WHV?).

Kayalami wrote: On what grounds have the applications been refused in particular the WP (although I suspect this to actually be a WHV?).

I join Kayalami in this question. It is actually very interesting why the WP was refused unless of course it was working holidaymaker visa? What has ECO written in the refusal of entry clearance letter?

Thanks for you input on this.

We do not have the refusal letter to the appeal...the judge was so unwilling to accept compelling evidence as proof of employment I think it is inevitably going to be a "no".

The work permit was on the basis of my sister in law being employed by us for some time (not against the rules). The entry clearance have changed their objections several times as each previous objection has been shown to be false.

The most recent being that wages transmitted were a gift to a relative and not wages (although they were far in excess of what could reasonably be considered a gift!).

Whilst continuing the pretence of inpartiality the judges are willing to disregard....bank statements....photographic evidence....employers statements ...etc etc etc but accept clearance officers' sketchy recollection of interviews as gospel.....how can they really be taken seriously?

paulo wrote: The work permit was on the basis of my sister in law being employed by us for some time (not against the rules). The entry clearance have changed their objections several times as each previous objection has been shown to be false.

Sorry I am still kinda lost in this.
Do you run your own company? Have you applied for the Work Permit to Work Permits UK? Then you have had to demonstrate the person has the skills no one else has in the EU and that you were advertising this vacancy (you had to supply the copies of the adverts).

If you have not done this what kind of permit is that? I can only think of Sector Based Scheme or Working Holidaymaker.

I know its an unusual one...but the rules do allow the transfer of an existing domestic/housekeeper providing that they....

"have been employed as a domestic worker for one year or more immediately prior to the application for entry clearance under the same roof as the employer OR in a household that the employer uses for himself on a regular basis and where there is a connection between the employer and employee"

It was on this basis that we had applied.

if you guys have british passports, is it not possible for you to approach the local MP, perhaps he /she can help by giving you a letter?

paulo,

the domestic worker category operates by way of concession outside the rules and applications here are rigidly reviewed due to extensive historic abuse. Understandably its hard to comment conclusively on your particular case but that the judicial process found for the ECO indicates that he/she assessed the application correctly.

We do not have the formal response yet but if the ECOs own rules are followed the application fits in with all requirements and previous abuse of the concession should not influence all subsequent applications.

Each case is meant to be assessed on its own merit after all.....so we'll see.