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Mother's family visitor visa refused

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rkolomiychenko
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Posts: 1
Joined: Sun Mar 29, 2015 10:03 am

Mother's family visitor visa refused

Post by rkolomiychenko » Sun Mar 29, 2015 10:56 am

Good day

I am a British passport holder, originally Ukrainian. My sister, also Ukrainian, has a UK ILR and resides in London. Our mother who resides in Ukraine, had come to visit us in the UK several times, so she held several UK visas, including a 2 year visa in the past. She had never overstayed any of her visas, nor did she ever break any UK immigration regulations. Last year, in July 2014, we invited her over again for yet another visit, but she was refused. Below is a text of the refusal letter:
I have used all the information provided by you to determine if, on the balance of probabilities the Immigration Rules have been met.

You state you will travel to the UK for 1 month and that you are retired and subsist on £100 per month from properties and rents. You have not detailed the source of these funds and have submitted no financial documentation whatsoever to corroborate this. Nor have you demonstrated the £100 you state you have available for your trip.

It is noted that your sponsor in the UK has attempted to demonstrate their financial circumstances by bank statements, but I am not satisfied that your social, economic and financial circumstances are such that you will be likely to leave the UK at the end of your visit.

It is noted that you have previously been issued a UK visa, but each application is assessed on its own merits, and circumstances could have changed since then.

In light of the above I am not satisfied that you are genuinely seeking entry as a visitor for a limited period and that you intend to leave the United Kingdom thereafter or that you therefore meet the requirements of paragraph 41 (i) and (ii) of the Immigration Rules.

Nor am I satisfied that you will be able to meet the cost of your return journey or onward journey from the United Kingdom. You do not therefore meet the requirements of paragraph 41 (vii) of the Immigration Rules.

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.

Your right of appeal is limited to the grounds referred to in section 84(1 )(c) of the Nationality, Immigration and Asylum Act 2002 (http://www.legislation.gov.uk).


Couple weeks ago, my mother applied again. We addressed everything mentioned in the refusal letter. However, the application was refused with the following outcome:

You have claimed you are entering the United Kingdom to visit your daughter for one month. On your visa application form you have stated accommodation will be provided and your visit will be funded to the amount of £500 by your sponsor. As evidence of this an invite letter and a bank statement has been submitted which I have acknowledged. I acknowledge that family visit are important and that you have previously entered the United Kingdom however each visa application is based on its own merits.

UKVI provides information to visa applicants about the types of documents they will be required to produce so that they can demonstrate to the visa officer that they meet the requirements of the Immigration Rules. We advise applicants that the failure to submit such documentation may result in refusal of the application. This decision has been made on the basis of the evidence you have supplied. The onus is on applicants to demonstrate that they meet the requirements of the relevant rules.

I must take into account your personal and economic circumstances when coming to my decision. It is your responsibility to satisfy me that your personal circumstances are such that if granted leave to enter, you will comply with all of the conditions attached to any such leave and that you will leave the United Kingdom on completion of the proposed visit.

As evidence of your personal and financial circumstances in Ukraine you have submitted 3 documents not in the English Language. UKVI website advises visa applicants that documents submitted in support of visa applications which are not in English language, should be accompanied by translations into English. You have chosen not to submit translations however. I am therefore unable to accurately assess your financial circumstances in the Ukraine. You have also provided no evidence to show your personal ties to Ukraine. I am therefore not satisfied that you have established and maintained sufficiently strong ties to Ukraine that would serve as an incentive for you to leave the UK at the end of your visit.

I am not satisfied that you are genuinely seeking entry as a family visitor for a limited period as stated by you, or that you intend to leave the United Kingdom at the end of the period of the visit as stated by you; and do not intend to live for extended periods in the United Kingdom through frequent or successive visits. Paragraph 41 (i}, (ii}, I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.

Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002 (http://www.legislation.gov.uk).



Unfortunately, the fact that the were documents not in English is an oversight on our part. However, there appears to be an underlying theme in both of the refusal letters. They claim she has no ties to Ukraine. We are a bit concerned with this, as we have no idea how to show these ties. She has property in Ukraine. My sister has an apartment in Ukraine. Our mum lets this apartment on my sister's behalf, looks after it and receives rent from the tenants. Our mum has a sister in Ukraine, who lives in a different town. Would any of these facts help in showing ties to Ukraine? I even considered providing the case officer with personal guarantee, that I will ensure our mother's return to Ukraine, but have no idea if it's worth anything.

I am wondering if it's worth appealing these decisions. Perhaps, these decisions are not unlawful, however, we feel her human rights are being affected, because she is not able to see mine or my sisters' kids, her grand kids.

Any feedback on this would be really appreciated.

Mauser1905
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Posts: 311
Joined: Mon Jul 02, 2012 9:35 am
Location: NE Scotland

Re: Mother's family visitor visa refused

Post by Mauser1905 » Sun Mar 29, 2015 4:53 pm

84 Grounds of appeal

(1) An appeal under section 82(1) against an immigration decision must be brought on one or more of the following grounds—
(a)that the decision is not in accordance with immigration rules;
(b)that the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities) [F1or Article 20A of the Race Relations (Northern Ireland) Order 1997] ;
(c)that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights;
As you note the applicants right to appeal is very much limited. ECO can argue that if she wanted to see her grand children they can travel to where the applicant is. In essence no brainer in regards to human rights.

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