ILR Refusal/exist visitors visa

[Kenny001]

My dad's ILR application(under exceptional circumstance as he had a car accident) has been refused.

His original visitors visa(2 yrs) does not expire until sept this year.

How does the above refusal affect his existing visa and his ability to return back to the uk for a visit.

thank you

[SYH]

My dad's ILR application(under exceptional circumstance as he had a car accident) has been refused.

His original visitors visa(2 yrs) does not expire until sept this year.

How does the above refusal affect his existing visa and his ability to return back to the uk for a visit.

thank you

It doesnt

[sunnyday]

Can he not appeal?

[sunnyday]

how could his case be refused if he had exceptional circumstances? can you tell us a bit more maybe we could help?

[Wanderer]

Can he not appeal?

Don't think you can appeal on visitor visas can you?

[Mr Rusty]

If I understand the OP correctly, his dad came to the UK as a visitor holding a 2-year multiple-entry visit visa, which allows the holder to stay for a maximum of 6 months on any one entry. His dad had an accident, so decided to have a crack at ILR, but that's been refused, and he can still seek entry until September this year.
I assume that he's now been here for much longer than 6 months, but of course was entitled to do so whilst the application was being considered.

I would advise the OP to read the refusal letter very carefully - perhaps he'd like to post it here. If it says the applicant should now leave the UK within 28 days, I would strongly advise him to do so.

But I think that unless the refusal letter specifically cancels the remainder of the visit visa, it should still be valid, and his dad should use it - ie he should leave the UK, wait a few weeks, or possibly until just within 6 months of expiry of the visa, and then come back. He might be held up on entry for a while, but as long as he can demonstrate plans to leave the UK at the end of his visa there should be no credible reason to refuse him.

Similarly, it would be open to him to apply for further visit visas - after all, he might have made an inappropriate application, but having been refused, he'd have left the UK and then made another visit and complied with his visa. In those circumstances it would be very difficult to refuse him.

That way, whilst he can't live here in the future, he could make further visits. The worst thing he could do in my opinion is to appeal (if he's entitled) or make another application here. Once that was refused, he could forget staying or getting back here, even for a visit.

[sunnyday]

so you're saying his dad made an application of ILR without actually qualifying, thus has been rejected?

[paulp]

so you're saying his dad made an application of ILR without actually qualifying, thus has been rejected?

The OP applied under the exceptional circumstances clause for ILR, which requires discretion. The HO uses the word "truly" exceptional but what is exceptional to somebody may not be to somebody else.

As long as his visitor visa has not been curtailed, it shouldn't be a problem. The question I have here is whether Immigration Officers at the airport can see failed applications such as the OP's father's.

[Wanderer]

Ahh, I didn't read the OP's question properly.

I think we need to know more details about the seriousness of the car accident, was the OP's father's accident so bad he couldn't be flown home, or indeed, was it life-threatening?

Even so, and ILR application seems a bit chancy given the Gov is unlikely to grant it on someone who will be an immediate burden to the State. Well, the NHS anyway....

Perhaps an VV extension app would have been more appropriate in this case?

[Kenny001]

Thank you for your posts.

I think Mr Rusty got the gist of the situation. When we made the ILR application, my dad was in a bad way and the doctors predicted that he would need long term hospital help. Fortunately he recovered considerably. And we could not forward the ho with further evidence of his ill health as he had been discharged and his discharge note said he was doing well .... hence the refusal.

The refusal letter did not give him 28days to leave. It just says that he can stay in the country and appeal against the decision, but should the appeal be refused, and he fails to go home, then he will be removed from the country.

As Mr Rusty says, staying on to appeal may spoil his chances of coming back to the country. If however his chance of coming back is affected, then he may be better off staying on to appeal.

Also does anyone have the answer to paulp's question?

The question I have here is whether Immigration Officers at the airport can see failed applications such as the OP's father's.

[paulp]

Also does anyone have the answer to paulp's question?

The question I have here is whether Immigration Officers at the airport can see failed applications such as the OP's father's.

I vaguely remember a while back somebody on the board was in this particular situation (failed ILR) but I can't remember if the IO at the airport did or didn't ask him questions about it. Maybe somebody can do a search.

[Wanderer]

Also does anyone have the answer to paulp's question?

The question I have here is whether Immigration Officers at the airport can see failed applications such as the OP's father's.

I vaguely remember a while back somebody on the board was in this particular situation (failed ILR) but I can't remember if the IO at the airport did or didn't ask him questions about it. Maybe somebody can do a search.

What about after this two yr visa expires and he applies for another? Won't he have to declare this refusal, or even will it be visible to consulate staff then?

[jes2jes]

Also does anyone have the answer to paulp's question?

The question I have here is whether Immigration Officers at the airport can see failed applications such as the OP's father's.

I vaguely remember a while back somebody on the board was in this particular situation (failed ILR) but I can't remember if the IO at the airport did or didn't ask him questions about it. Maybe somebody can do a search.

They do see it. I was once asked about a refused WP application before by an IO and I answered in the affirmative. So, long as the application was made In-Country, BIA officials can see the details or summaries of a person by scanning their passport or entering their DOB into their system.

[Mr Rusty]

OK, assume that your dad leaves and returns on the basis of his still-valid visa, and that the IO is aware of his previous application.
It's perfectly reasonable to argue that an ILR application was brought about by a major trauma and change of circumstances after he arrived -i.e. he hadn't been intending to stay here when he applied for the visa or came originally. So he asked the HO if he could stay, they said he couldn't, so he left. Now he's coming back for another visit. It's important to show that he has plans to leave, i.e. there are things to do when he gets back, and obviously he has a return ticket.
The important thing to remember is that with a valid visa he has a presumptive right of entry and a right of appeal (which would probably get him a far longer stay than 6 months) - so the odds on him being granted entry or winning an appeal should be quite good. And if he complies with that visit, there's much less ground for refusal of another visa, which would also attract a right of appeal (family visit).
Unless there's something you haven't told us - like his visa was refused and granted on appeal first time round?
If you decide to appeal the ILR refusal, you should get high quality legal advice on the chances of winning it, because you've got one shot and that's it - if you lose, you'll never see your dad here again.

[Kenny001]

Thanks guys,

I think the best course of action from what you have all said is for him to fly back and come back to visit.

I am afraid to go for appeal as if he is refused, he will have problems coming back. At least, he will still have a right to family visit.

Thank you all for your advise..... I guess I should call the airline now.