Visitor's visa for parents refused, gone to appeal.

[Force7]

I'm a naturalised British Citizen, originally from Zimbabwe.

My parents, who are both retired were planning to spend 3 months in the UK this year and 3 in the US with my sister.


Their US visa was approved, however their UK visa was refused. We provided further information to address the points that were raised in the letter of refusal and I wrote a letter stating that they are both over 65 and I could apply for an over 65 dependancy visa for them as our family abroad has been supporting them for several years now, and postulating the question why they would not return in accordance with the terms of their visa if they could stay in the UK long term and permanently (they do not want to be in the UK long term).

I found out that the Embassy has upheld the refusal (some 2 months later) and that documents have just been sent to the Immigration and Asylum Tribunal in the UK.

Has anyone else had this problem? The decision defies all logic and I am struggling to see why their visitor's visa would be refused, if there is a legal, unambiguous way for them to settle in the UK long term.

Can anyone tell me what the next steps are and what I can do to ensure their refusal is overturned?

[batleykhan]

It appears that the Embassy is saying they don't believe that your parents will return home after their visit to the UK.

This is one of the hardest thing to prove on a visitor visa. Unfortunately you haven't helped yourself with the following comments

I wrote a letter stating that they are both over 65 and I could apply for an over 65 dependancy visa for them as our family abroad has been supporting them for several years now,

Unfortunately the only option left to you now is to go through the Appeal procedure and argue your case in an Appeals court in front of an Adjudicator.

The Entry Clearance Manager at the Embassy has reviewed the earlier decision and agrees with it, therefore the refusal stands and it can not be overturned by no one else except an Adjudicator at the hearing.

The Embassy has passed the papers to AIT who will now try and fix an hearing. This could take up to 6 months.

You can try again and make a new application and provide more concrete info that your parents have incentives to return home, you never know they might grant a visa. It has happened before. However I am of the opinion it may still be refused.

[Force7]

Unfortunately you haven't helped yourself with the following comments

I wrote a letter stating that they are both over 65 and I could apply for an over 65 dependancy visa for them as our family abroad has been supporting them for several years now,

Can you explain why this is a bit of an own goal? My logic goes: if they did want to stay permanently, there is a clear, legal and unambiguous route for them to migrate to the UK, however they do not want to take this option up and we have therefore not applied for it. Also we have not applied for an over 65 dependency visa as if they were to have it and continue to only travel to the UK on a visitor's basis that would be misuse of the visa.

[Wanderer]

Unfortunately you haven't helped yourself with the following comments

I wrote a letter stating that they are both over 65 and I could apply for an over 65 dependancy visa for them as our family abroad has been supporting them for several years now,

Can you explain why this is a bit of an own goal? My logic goes: if they did want to stay permanently, there is a clear, legal and unambiguous route for them to migrate to the UK, however they do not want to take this option up and we have therefore not applied for it. Also we have not applied for an over 65 dependency visa as if they were to have it and continue to only travel to the UK on a visitor's basis that would be misuse of the visa.

Because it comes across as a threat. Give my parents the visa or I'll get them here permanently.

[Force7]

Really? Do they give no one any credit for applying for the right kind of visa at the outset?
(It wasn't phrased as a threat - just simply that if they wanted to they could apply permanently, but they do, so we haven't)

Unfortunately you haven't helped yourself with the following comments

I wrote a letter stating that they are both over 65 and I could apply for an over 65 dependancy visa for them as our family abroad has been supporting them for several years now,

Can you explain why this is a bit of an own goal? My logic goes: if they did want to stay permanently, there is a clear, legal and unambiguous route for them to migrate to the UK, however they do not want to take this option up and we have therefore not applied for it. Also we have not applied for an over 65 dependency visa as if they were to have it and continue to only travel to the UK on a visitor's basis that would be misuse of the visa.

Because it comes across as a threat. Give my parents the visa or I'll get them here permanently.

[batleykhan]

I was merely saying that the comments you stated didn't help, because like Wanderer with whom I agree your comments sound like a threat rather than helpful

Also your comments might be interpreted by the ECO, that once your parents are in the UK on a visitor visa, you might apply for their dependency visa whilst they are here in the UK rather than Zimbabwe.

It is obviously much easier to get the visitor visa changed to a dependency whilst you are in the UK, because it is pretty damned hard to get it from abroad. Also it is unfair on those who go about it the proper way

Had you not made these comments, then in most cases those who get a visa to the USA are usually given one by UK.

I don't doubt your honesty and integrity, but I think the ECO and ECM don't and that is why its being refused..

Like I have said before,your only option is tho go through appeal procedure

[arts99]

I was merely saying that the comments you stated didn't help, because like Wanderer with whom I agree your comments sound like a threat rather than helpful

Also your comments might be interpreted by the ECO, that once your parents are in the UK on a visitor visa, you might apply for their dependency visa whilst they are here in the UK rather than Zimbabwe.

It is obviously much easier to get the visitor visa changed to a dependency whilst you are in the UK, because it is pretty damned hard to get it from abroad. Also it is unfair on those who go about it the proper way

Had you not made these comments, then in most cases those who get a visa to the USA are usually given one by UK.

I don't doubt your honesty and integrity, but I think the ECO and ECM don't and that is why its being refused..

Like I have said before,your only option is tho go through appeal procedure

Under the current immigration rules is it possible for parents who have come to UK on visitor visa to switch from visitor visa to a settlement visa without leaving UK?

Thank you

[Wanderer]

I was merely saying that the comments you stated didn't help, because like Wanderer with whom I agree your comments sound like a threat rather than helpful

Also your comments might be interpreted by the ECO, that once your parents are in the UK on a visitor visa, you might apply for their dependency visa whilst they are here in the UK rather than Zimbabwe.

It is obviously much easier to get the visitor visa changed to a dependency whilst you are in the UK, because it is pretty damned hard to get it from abroad. Also it is unfair on those who go about it the proper way

Had you not made these comments, then in most cases those who get a visa to the USA are usually given one by UK.

I don't doubt your honesty and integrity, but I think the ECO and ECM don't and that is why its being refused..

Like I have said before,your only option is tho go through appeal procedure

Under the current immigration rules is it possible for parents who have come to UK on visitor visa to switch from visitor visa to a settlement visa without leaving UK?

Thank you

Not allowed - the very fact they are on a VV will prejudice a settlement application anyway

[batleykhan]

Not allowed - the very fact they are on a VV will prejudice a settlement application anyway

Not only that, they are jumping the queue, which is unfair on those people who do it the proper way by getting the entry clearance before they arrive in the UK, which is the way it should be done in the first place.