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Visit Visa for Family Refused

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Edin
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Visit Visa for Family Refused

Post by Edin » Mon Jan 04, 2010 12:14 am

Hi,

My parents application for a visit visa was rejected based on "not sufficient evidence is provided for suitable accomodation in UK".

We appealed against the decision and sent my tenancy agreement as the proof of the accomodation.

I must admit that I wasn't aware of the law related to overcrowding and thought that my tenancy agreement is a suitable proof of as reasonable or adequate accomodation.

I live with my wife and 2 children (one is 19 month old and other is 3 weeks old) in a 2 bed and 2 bath apartment. Since according to housing act maximun of 3 persons can live in a 2 bed apartment therefore, I think our appeal will be rejected based on this.

I would like to know if any one on the board knows that if I move to a bigger house/flat and send the tenancy agreement of the new place, will the AIT consider the new tenancy agreement as a valid proof of suitable accomodation?

meats
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Post by meats » Mon Jan 04, 2010 12:21 am

You appeal will be rejected yes, you will need a minimum 3 bedroom property in order for your parents to stay with you as part of the visitor's visa.

They will consider any new tenancy agreement for a bigger property yes, but not under this appeal. You will need to re-apply.

batleykhan
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Post by batleykhan » Mon Jan 04, 2010 10:53 am

Remember its the number of rooms that your property has and not solely the number of bedrooms.

So if you have a 2 bedroom flat which has a living room, you can in theory get your parents to sleep there. It would not be classified as overcrowded. ( providing its big enough)

You can not however include the Spam and bathroom.

The tennancy agreement alone is not enough. You should have given details of the number of rooms that you have along with their measurement of each room, to give the ECO whether you do or you dont have enough space for your whole family.

If the worst comes to the worst and if your parents can afford it, they can stay at a cheap hotel during their short stay

Edin
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Post by Edin » Tue Jan 05, 2010 10:00 am

Thanks to both of you for your responses.

Re number of rooms: Can I take the measurements of the room myself and send them to AIT? or Is there any Government Deparment which I have to contact to get the floor plan.

Re staying in cheap hotel: They declared on the form that they would like to stay in UK for upto 4 months to help us with the children especially with the new born. So it is not a short stay.

Their visa was rejected in mid of August last year and we appealed against the home office decision in early September last year. We have received a letter from the AIT couple of weeks ago in which they have said that if we want of submit more documents with our appeal then we can do so by 10th of Feburary 2010.

I was thinking of moving to a bigger place and send the new tenancy agreement to AIT by 10th of Feburary but as said by meats they would not consider that.

batleykhan
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Post by batleykhan » Tue Jan 05, 2010 10:36 am

Thanks to both of you for your responses.

Re number of rooms: Can I take the measurements of the room myself and send them to AIT? or Is there any Government Deparment which I have to contact to get the floor plan.

Yes you can do that yourself. Just take photos of your flat along with photos of each rooms and state the measurements of each of them. If you want it doing professionally ask your local council if they do a "Accomadation report for Immigraion purposes", they will charge around £120. Alternatively you can ask an estate agent, they sometimes do it, and charge around £75

Re staying in cheap hotel: They declared on the form that they would like to stay in UK for upto 4 months to help us with the children especially with the new born. So it is not a short stay.

I dont think they would allow this as a number of people have been refused for this reason

Their visa was rejected in mid of August last year and we appealed against the home office decision in early September last year. We have received a letter from the AIT couple of weeks ago in which they have said that if we want of submit more documents with our appeal then we can do so by 10th of Feburary 2010.

Yes you can submit the above report, it would be accepted

I was thinking of moving to a bigger place and send the new tenancy agreement to AIT by 10th of Feburary but as said by meats they would not consider that.

Thats right, its a bit to late to do that now. Unless you move into a bigger place and then get your parents to reapply again

ElenaW
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Post by ElenaW » Tue Jan 05, 2010 10:39 am

I have known an applicant that was refused a visit visa when she stated that she will help babysit her grandchildren during her stay. Work of any kind is not allowed on a visit visa.
I tell it like it is.

Edin
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Post by Edin » Tue Jan 05, 2010 11:33 am

Thanks.

One more question. My parents were originally coming to UK to be with us on the birth of my son. Since that occassion has now passed if they will visit us they will not stay in UK more than 3 - 4 weeks.

If I state the above and send to AIT would they consider that? or will their decision be based on the original application in which they state that they will stay in UK for upto 4 months?

batleykhan
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Post by batleykhan » Tue Jan 05, 2010 1:23 pm

No need to put in writting , you can say it on the day of the hearing to the Adjudicator listening to your case

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