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Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

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vaasureddy
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Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by vaasureddy » Sun Apr 15, 2018 12:22 pm

Hi,

I am hoping to be able to obtain a visitor visa for my father who has a pending criminal case in court. He will obtain a short term passport (1 year validity) by getting the courts permission in india.

Is there any problem for him in obtaining a visitor visa to the UK. We will hide no fact when making the visa application and I genuinely wish he can visit me in the UK. Anything I can do in my side to assist him in a successful visa application?

Thank you.

Wanderer
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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by Wanderer » Sun Apr 15, 2018 6:07 pm

vaasureddy wrote:
Sun Apr 15, 2018 12:22 pm
Hi,

I am hoping to be able to obtain a visitor visa for my father who has a pending criminal case in court. He will obtain a short term passport (1 year validity) by getting the courts permission in india.

Is there any problem for him in obtaining a visitor visa to the UK. We will hide no fact when making the visa application and I genuinely wish he can visit me in the UK. Anything I can do in my side to assist him in a successful visa application?

Thank you.
One year? Why? Go for a six month and state the visit to be two weeks, even then it's pretty unlikely to be granted. Suggest you visit him.
An chéad stad eile Stáisiún Uí Chonghaile....

vaasureddy
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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by vaasureddy » Mon Apr 16, 2018 9:21 am

HI Wanderer,

Not quite sure what u mean by : 1 year? And him visiting for 2 weeks?!

My question was asking if a pending criminal case will cause a problem with obtaining a UK visitor visa?

I was not asking for suggestions regarding if its best if I should go and see him in India and the like.

The Indian judicial system is slow and time to get justice has taken more than 20 years. I have been here for more than 10 years and was hoping my father can come and see me for a few weeks.

Thank you.

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Casa
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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by Casa » Mon Apr 16, 2018 11:32 am

Highly unlikely that your father will be granted a visitor visa with an outstanding Court case as the ECO may well consider your father an overstaying risk and a potential absconder from the criminal charges he faces in his home country.

Wanderer was simply playing 'devil's advocate' and is correct that the Home Office may well take the view that your Human Rights won't be affected as you are free to visit your father in India.

His point about applying a 1 year validity visitor visa refers to a 6 month visa being sufficient if your father only intends to visit for 2 weeks. 12 month validity visas are generally only granted if the applicatant has a good history of previous visits. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vaasureddy
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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by vaasureddy » Mon Apr 16, 2018 5:50 pm

Casa wrote:
Mon Apr 16, 2018 11:32 am
Highly unlikely that your father will be granted a visitor visa with an outstanding Court case as the ECO may well consider your father an overstaying risk and a potential absconder from the criminal charges he faces in his home country.

Wanderer was simply playing 'devil's advocate' and is correct that the Home Office may well take the view that your Human Rights won't be affected as you are free to visit your father in India.

His point about applying a 1 year validity visitor visa refers to a 6 month visa being sufficient if your father only intends to visit for 2 weeks. 12 month validity visas are generally only granted if the applicatant has a good history of previous visits. :idea:
Thank you for your response Casa. Yes I know it is very unlikely that my father can get a visa.

But is there anything from my end I can do? Stand as a guarantor or something similar? Should he even bother with making the visa application, since if it gets rejected will it affect his chances for the future. I am hoping he gets the case cleared in the future and can apply then. Any guidance will be very appreciated.

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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by Casa » Mon Apr 16, 2018 6:27 pm

Offering to stand as guarantor for your father won't change anything as a guarantee can't be legally enforced if he chooses to overstay.

If this visa is refused it shouldn't affect future visitor visa applications, providing the information in this application is truthful. Each visa application will be assessed on it's own merits.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by secret.simon » Mon Apr 16, 2018 7:28 pm

I think that there is a bit of a muddle of the various viewpoints in this thread. The OP said that his father's passport validity will be only 1 year, not his visit visa application duration.

However, I am inclined to agree that the visit visa will be declined if your father has a court case pending in another jurisdiction. And it seems that the UK and Indian Home Ministries work closely together in some fields.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by Casa » Mon Apr 16, 2018 7:35 pm

secret.simon wrote:
Mon Apr 16, 2018 7:28 pm
I think that there is a bit of a muddle of the various viewpoints in this thread. The OP said that his father's passport validity will be only 1 year, not his visit visa application duration.
Ah! Thanks, that makes sense now. :idea:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vaasureddy
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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by vaasureddy » Mon Apr 16, 2018 8:32 pm

secret.simon wrote:
Mon Apr 16, 2018 7:28 pm
I think that there is a bit of a muddle of the various viewpoints in this thread. The OP said that his father's passport validity will be only 1 year, not his visit visa application duration.

However, I am inclined to agree that the visit visa will be declined if your father has a court case pending in another jurisdiction. And it seems that the UK and Indian Home Ministries work closely together in some fields.
Thank you for clarifying this. Yes he will be able to obtain a passport only for year with the permission of the court. Thank you for your view points as well. I understand that there is nothing much anyone can do in this case.

vaasureddy
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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by vaasureddy » Mon Apr 16, 2018 8:34 pm

Casa wrote:
Mon Apr 16, 2018 6:27 pm
Offering to stand as guarantor for your father won't change anything as a guarantee can't be legally enforced if he chooses to overstay.

If this visa is refused it shouldn't affect future visitor visa applications, providing the information in this application is truthful. Each visa application will be assessed on it's own merits.
Thank you so much Casa for answering my questions. Yes we will be truthful in our application and I will ask him to go ahead and apply. worst case it might get rejected. I have been waiting for over 10 years for him to visit, so I hope it can go through.

Mtshshah
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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by Mtshshah » Sat Apr 06, 2019 6:54 pm

Hi Vasu,
What happened finally with your father's visa?
Did you apply?
Did he got ?
I have similar case so information will be useful.

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Casa
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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by Casa » Sat Apr 06, 2019 9:37 pm

Mtshshah wrote:
Sat Apr 06, 2019 6:54 pm
Hi Vasu,
What happened finally with your father's visa?
Did you apply?
Did he got ?
I have similar case so information will be useful.
Vaasureddy hasn't visited the forum since Jun 07, 2018 :idea:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by jchuk » Wed Nov 13, 2019 2:27 pm

Hi Mtshshah

Have tried applying this visa. Can you please share your outcome and suggestion? I have similar situation too.

Thanks
JCHUK

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Re: Standard Visitor visa for my father who has a pending criminal case(conviction) in indian court

Post by CR001 » Wed Nov 13, 2019 2:35 pm

jchuk wrote:
Wed Nov 13, 2019 2:27 pm
Hi Mtshshah

Have tried applying this visa. Can you please share your outcome and suggestion? I have similar situation too.

Thanks
JCHUK
Please start your own topic with your circumstances and questions rather than tagging onto a topic from 2018.
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