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Need Help - Visitor visa

General UK immigration & work permits; don't post job search or family related topics!

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soodrahul
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Need Help - Visitor visa

Post by soodrahul » Wed Jun 09, 2010 11:01 am

Need help

Home office has rejected family visitor visa for my sister in law:

She has shown her as unemployed( but she is working for past 3 years) and i have giving her the sponsorship letter. She has not mentioned about how she is being supported in India (financially).
Home office has given the reason that u have no supporting proof in India and we think that you are going through a financial crisis and that y u are coming to uk , probably will not go back.

Now she is applying for the visitor visa again, we will be sending her parents bank statement and house agreement to show that she is being supported by her parents in India and in no financial crisis!

Question: Should she also show that she is working for past 3 years and prduce NOC & letter of appointment from her employer (She has shown her as unemployed in initial application).

Please advice what to do in this case

Date she applied for visa: 30th April 2010
Date response came from home office: 27th may 2010
Date she is planning to appeal against the decision: 5th June 2010

Please help and advice what should we produce/show to UK home office?

Regards
RS

batleykhan
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Post by batleykhan » Wed Jun 09, 2010 4:23 pm

I think we need to know the wording of the refusal itself , not what you think she was refused for, if you want peoples help.
Date she applied for visa: 30th April 2010
Date response came from home office: 27th may 2010

Date she is planning to appeal against the decision: 5th June 2010

If this is the case todays date is 9th June 2010. Is it not to late to appeal?

You usually have 28 days from the day the Refusal Notice was given to you. The response would be from the post where she applied not the Home Office:?

So confusing


soodrahul
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Post by soodrahul » Fri Jun 11, 2010 1:07 pm

She has dropped the idea of appealing and want to apply again ...

The response she received from the Visa application centre is
*******************
She have no supporting proof in India ( how u are living in India, who bear ur expense, no job ~) and they think that you are going through a financial crisis and that y u are coming to uk , probably will not go back.

*******************

stmellon
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Post by stmellon » Fri Jun 11, 2010 1:11 pm

Are you translating the Visa centre's interpretation of the refusal?

What would help is the EXACT WORDING of the UK Entry Clearance Officer's refusal notice.

soodrahul
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Post by soodrahul » Fri Jun 11, 2010 1:35 pm

word to word reply from UK Entry Clearance Officer is ......

******************************************************
You have applied for entry clearance to visit family in the UK for 1 month, i have considered your application under para 41 of UK immigration rules.

Under the UK immigration rules you must show that's you qualify for a visa by explaining your own circumstances and the plans you have for your visit.I must assess the info you have provided about yourself separately from your sponsors part of your application.In this application i note your UK sponsor to be RAHUL Sood.

You have not provided satisfactory evidence of your personal and financial circumstances with your application form.You have submitted extensive documentation pertaining to your UK sponsor.However, non of these documents confirmed your social or economic circumstance.I must look at all your circumstances when I assess your application for a visit visa.Without the evidence we asked for, i am not satisfied that you plan to leave the UK at the end of your visit or you are genuinely seeking entry as a general visitor for a period not exceeding 6 months( para 41(i)(ii) of HC 395 as amended).

You have provided no reasonable evidence to show that you have family here as claimed.You appear to have no dependent relative, you have provided no reasonable evidence of employment , or of any meaningful ongoing studies you may be engaged in and no evidence of any income or assets you have in India.IN light of these things, i consider that you have failed to show sufficiently strong family, social or economic ties to India.On the balance of probability, i am therefore not satisfied that you plan to leave the UK at the end of the visit, that you are genuinely seeking entry as general visitor for a period not exceeding 6 months or that you are in a financial position to fund part of this visit (para 41(i)(ii)(vi) HHCC 395 as amended).

You have declared that you expect some financial assistance from your sponsor, however you have not provided reasonable details concerning your personal cost, and the cost that your sponsor will be oblige to meet. I am therefore unable to assess your personal expenditure for this trip in relation to your savings, income and domestic responsibility.In the absence of reasonable evidence, i am not satisfied that your personal cost are commensurate with a visit under the circumstances which you describe, and I am therefore not satisfied that you are genuinely seeking entry as a general visitor for a period not exceeding 6 month(para 41 (i)(ii) HC 395 AS AMMENDED).

I have therefore refused your application because i am not satisfied, on the balance of probability , that you meet all the requirements of the above paragraph(S) of the immigration rules.

************************************************************

soodrahul
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Still waiting for reply

Post by soodrahul » Mon Jul 05, 2010 12:20 pm

Hello,

I am still waiting for any reply on my post.I have given word to word description of the rejection letter.Could somebody please help me with this ...

Regards
Rahul Sood

sapvish
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Post by sapvish » Mon Jul 05, 2010 3:02 pm

soodrahul hello...
if she is applying again i would suggest she establishes her employment details, details of any of her personal bank accounts to show that she can partially use those funds for few of her personal expenditure. And also it would be good if she could furnish some strong reason that wud prove that she intends to return back to home country before her visa expires. May be she can give details of any relatives in her home country. Or if she owns any property here then thats a very good reason.

If she was working for 3 yrs then may be she can show her own bank accounts rather than her parents?

bbbb
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Post by bbbb » Mon Jul 05, 2010 3:30 pm

hello

From what I read , the HO said no because she has not nothing to come back to, in another words she has no job (They don t care even if she was working for 10 year), She is doing nothing at the moment in her home country,

If she re-applies they will re-refuse , unless she shows evidences that she is doing something in her home country.

By doing nothing in india she is more likely to overstay in the uk , that is the way they saw it .

soodrahul
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hi

Post by soodrahul » Mon Jul 05, 2010 3:33 pm

She is working for past 3 years(permanent) but unfortunately she didnt show that in the application earlier. Will the be fine to show now ( in re-apply) then she is working for past 3 years.
What if they refer to her last application and see the she has mentioned in her earlier application that she is un-employed and now after 2 months saying she is working for past 3 years ???

please advice ...

bbbb
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Post by bbbb » Mon Jul 05, 2010 3:50 pm

Why on hell did she put that she was un-employed when she was working ?
She didn t have to lie about that. Of course ,They could use that against her by saying she is not credible , that is exactly the kind of things they could use against her and She may face a ban.

She has now to find a way out of it. She needs to show , she was un-employed when she applied the last time.

Was it a mistake??

soodrahul
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Post by soodrahul » Mon Jul 05, 2010 3:53 pm

No she was not unemployed when she applied last time ,,, and it was not a mistake .. just to avoid all the hassell of getting letter from employer n alll ( kinda pretty harsh employers) ..thats y she did mention as unemployed ...

bbbb
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Post by bbbb » Mon Jul 05, 2010 4:26 pm

She didn t have to have a letter from the employer She just had to show bank statments and the contrat , pay slips.

If u lie or submit false documents to the HO , u may face years of ban ...

I really don t know the way out of it. it is tough. Hope the others members of the forum would have their say.

who is she for u??

soodrahul
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Post by soodrahul » Mon Jul 05, 2010 4:27 pm

She is my sister in law ...

bbbb
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Post by bbbb » Tue Jul 06, 2010 10:04 am

hi

If she applies again they will say she lied before and she could face a ban.

She could appeal against the decision BUT she may be asked to say why she lied about it. Go for that she may be lucky , never know.
ask her not to come up with the story about avoiding hassles with the boss cos if she comes in the uk for a few weeks she has to tell to her boss unless she is planning not to go back.

Good luck for the appeal.

Dawie
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Post by Dawie » Wed Jul 07, 2010 12:32 pm

Plenty of people lie about being employed when they are actually unemployed, but this is the first time I've heard of someone lying about being unemployed when they were actually employed.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

dhana6_82
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Rahul

Post by dhana6_82 » Sun Jul 25, 2010 7:57 am

Hi Rahul,

Have you found a solution to the issue of your sister-in-law?I have a similar case with my aunt as well.Can you please advice me if you have found a solution to it?

Regards,
Dhana

batleykhan
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Post by batleykhan » Sun Jul 25, 2010 9:33 am

This type of refusal is typical in Indo-Pak for visitors.

The ECO lays more emphasis on the evidence provided by the applicant rather than the sponsor(as the info supplied by sponsor will be genuine).

The applicant needs to show that they have provided enough information and evidence/incentives to return back home after visit.

This would include employment that they have to return to. They have family (spouse,kids, siblings,parents etc). They have land and property in their own name. Thye have genuine savings in their bank account.

These are things that most genuine visitors would return back to home.

You must provide evidence of this. You must clearly state all the circumstances and facts about your visit to teh UK. This must be done in the invitation letter by sponsor.

As far as the OP is concerned you must be honest with facts. Remember the ECO has all the info from your initial application,so becareful what you say and write if you dont want to end up with another refusal or even a 10 yrs ban.

dhana6_82
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Thanks for the info

Post by dhana6_82 » Sun Jul 25, 2010 10:38 am

Hi,
thanks for that info.Will the UKBA agree if she clearly explain that she mentioned herself unemployed earlier in tourist visa due to her wrong assumption that household work would not be considered as an employment and now she is planning to apply for a domestic worker visa stating she is employed in a house for last 5 yrs?

Regards,
Dhana

soodrahul
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Applying again : any suggestion ?

Post by soodrahul » Fri Nov 12, 2010 2:48 pm

Need help

Home office has rejected family visitor visa for my sister in law:

She has shown her as unemployed (but she is working for past 3 years) and i have giving her the sponsorship letter. She has not mentioned about how she is being supported in India (financially).
Home office has given the reason that u have no supporting proof in India and we think that you are going through a financial crisis and that y u are coming to uk , probably will not go back.
The reason they gave is

******************************************************
You have applied for entry clearance to visit family in the UK for 1 month, i have considered your application under para 41 of UK immigration rules.

Under the UK immigration rules you must show that's you qualify for a visa by explaining your own circumstances and the plans you have for your visit.I must assess the info you have provided about yourself separately from your sponsors part of your application.In this application i note your UK sponsor to be RAHUL Sood.

You have not provided satisfactory evidence of your personal and financial circumstances with your application form.You have submitted extensive documentation pertaining to your UK sponsor.However, non of these documents confirmed your social or economic circumstance.I must look at all your circumstances when I assess your application for a visit visa.Without the evidence we asked for, i am not satisfied that you plan to leave the UK at the end of your visit or you are genuinely seeking entry as a general visitor for a period not exceeding 6 months( para 41(i)(ii) of HC 395 as amended).

You have provided no reasonable evidence to show that you have family here as claimed.You appear to have no dependent relative, you have provided no reasonable evidence of employment , or of any meaningful ongoing studies you may be engaged in and no evidence of any income or assets you have in India.IN light of these things, i consider that you have failed to show sufficiently strong family, social or economic ties to India.On the balance of probability, i am therefore not satisfied that you plan to leave the UK at the end of the visit, that you are genuinely seeking entry as general visitor for a period not exceeding 6 months or that you are in a financial position to fund part of this visit (para 41(i)(ii)(vi) HHCC 395 as amended).

You have declared that you expect some financial assistance from your sponsor, however you have not provided reasonable details concerning your personal cost, and the cost that your sponsor will be oblige to meet. I am therefore unable to assess your personal expenditure for this trip in relation to your savings, income and domestic responsibility.In the absence of reasonable evidence, i am not satisfied that your personal cost are commensurate with a visit under the circumstances which you describe, and I am therefore not satisfied that you are genuinely seeking entry as a general visitor for a period not exceeding 6 month(para 41 (i)(ii) HC 395 AS AMMENDED).

I have therefore refused your application because i am not satisfied, on the balance of probability , that you meet all the requirements of the above paragraph(S) of the immigration rules.

************************************************************


Now she is applying for the visitor visa again( after 6 months since she received rejection letter), we will be sending her employer letter stating the she is permanently employed with such n such company with that much salary, her investments/deposit in india, parents to show that she is self sufficient – in financial crisis and will return back to India!

Question: is there anything else she should show to Home office or any other suggestion regarding her application for visitor visa??

geriatrix
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Re: Applying again : any suggestion ?

Post by geriatrix » Fri Nov 12, 2010 3:02 pm

What do you mean when you say:
soodrahul wrote: she is self sufficient – in financial crisis

regards

soodrahul
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Post by soodrahul » Fri Nov 12, 2010 3:05 pm

Sorry My mistake ... i want to say

" that she is self sufficient and in no financial crisis and is supporting herself with a permanent job and investments"

Regards
Rahul

t1s2010
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Post by t1s2010 » Fri Nov 12, 2010 3:32 pm

Will you be stating that she was in employment for 3 years or after last rejection date?

Don't try 3 years employment esp 'this was the reason of rejection'.. no financial support.
Very easy to get detected by case worker.
Too big a risk dear.

we will be sending her employer letter stating the she is permanently employed with such n such company with that much salary

soodrahul
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Post by soodrahul » Fri Nov 12, 2010 3:36 pm

she will be showing the employment from after the last rejection date ( approx 6 months) !!

soodrahul
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please advice

Post by soodrahul » Sat Dec 04, 2010 7:28 pm

My Sister-in -law has reapplied ( please refer my post above) on 19 nov 2010 for uk family visitor visa. Its been 15 days she didn't got any response. on online application tracking system its still showing "application under process". Usually we get response for family visit visa in 2-4 days. why its taking such long time? does family visa takes this long time? does this mean her visa has been rejected again?

please advice

Rozen
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Re: please advice

Post by Rozen » Sat Dec 04, 2010 9:47 pm

soodrahul wrote:My Sister-in -law has reapplied ( please refer my post above) on 19 nov 2010 for uk family visitor visa. Its been 15 days she didn't got any response. on online application tracking system its still showing "application under process". Usually we get response for family visit visa in 2-4 days. why its taking such long time? does family visa takes this long time? does this mean her visa has been rejected again?

please advice
It probably means that her application is being scrutinized more than usual because of her previous refusal.

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