ILR visitor visa for mum refused under 4.3 b

[asadzareef89]

Hi

Apologies! if I have posted this in the wrong place.

I'm on Indefinite leave to remain in the UK, the home office have refused the visa application for my mother under 4.3 b which states that they have failed to show that i'm not and will not be in breach of immigration rules at the time of the decision. She is in Pakistan and has previously visited me for 1 month as well and returned well within time

I understand that ILR constitutes almost the same rights as a british citizen so unable to really understand the theory behind this reason? Also, my sister got her visa but she resides in the USA

I'm slightly concerned by their reasoning that i might be in breach of immigration rules? I am on indefinite leave to remain, work full time and only claim tax credits

Any help will be much appreciated

[CR001]

Can you post the exact wording of the refusal letter removing personal details such as names etc.

[seagul]

Hi

Apologies! if I have posted this in the wrong place.

I'm on Indefinite leave to remain in the UK, the home office have refused the visa application for my mother under 4.3 b which states that they have failed to show that i'm not and will not be in breach of immigration rules at the time of the decision. She is in Pakistan and has previously visited me for 1 month as well and returned well within time

I understand that ILR constitutes almost the same rights as a british citizen so unable to really understand the theory behind this reason? Also, my sister got her visa but she resides in the USA

I'm slightly concerned by their reasoning that i might be in breach of immigration rules? I am on indefinite leave to remain, work full time and only claim tax credits

Any help will be much appreciated

Never heard about that type of visa "ILR visitor visa". There is one called ILE "Indefinite leave to enter" for which your mom certainly won't be eligible simply because you have ILR. Maybe its visitor visa which refused on grounds that entry clearance officer is not convinced that she would leave the UK which is the most common reason of refusal. Also ILR and British citizenship haven't got equalized benefits.

[secret.simon]

Are you sure the refusal is not 4.2(b), which is far more common?

[asadzareef89]

It wasn't an indefinite visa that was refused, it was visit visa.

The exact wording is that I understand that your son will be sponsoring your visit and you have shown that he can afford to pay for that. However, you have failed to show that he will not be in the breach of immigration rules at the time of decision or entry to the UK. So your application has been refused under the immigration rule 4.3 b

I don't understand the basis as i'm on indefinite leave to remain so how can I be in breach of the immigration rules? I did attach a copy of my biometric card as well and have not had any communication from the home office as to any changes in my status

[seagul]

Its seems a unique refusal because how can you breach immigration rules since you are free from them. I will suggest you that you again check your BRP and its accompanying letter which you had received along with it.

[asadzareef89]

Its seems a unique refusal because how can you breach immigration rules since you are free from them. I will suggest you that you again check your BRP and its accompanying letter which you had received along with it.

That is why i am confused, but it is definitely indefinite leave to remain. Accompanying letter and BRP both confirm that. Extremely confusing refusal, my sister has visited me 2 times and she has got her 3rd visa exact same day as my mum's refusal but her visa was handled by the UK embassy in the USA

[seagul]

Its seems a unique refusal because how can you breach immigration rules since you are free from them. I will suggest you that you again check your BRP and its accompanying letter which you had received along with it.

That is why i am confused, but it is definitely indefinite leave to remain. Accompanying letter and BRP both confirm that. Extremely confusing refusal, my sister has visited me 2 times and she has got her 3rd visa exact same day as my mum's refusal but her visa was handled by the UK embassy in the USA

The reason your sister got her visa swiftly because her American visa proved her social ties with USA where she will definitely return to. But I think regarding your mum visa refusal its an error made by ECO.

[vinny]

It wasn't an indefinite visa that was refused, it was visit visa.

The exact wording is that I understand that your son will be sponsoring your visit and you have shown that he can afford to pay for that. However, you have failed to show that he will not be in the breach of immigration rules at the time of decision or entry to the UK. So your application has been refused under the immigration rule 4.3 b

Shows a basic misunderstanding of ILR, unless they think that you may be absent from the UK for more than two years at the time of your mother’s visa decision or entry?