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would be grateful for any help :)

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help-me-out
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would be grateful for any help :)

Post by help-me-out » Fri Oct 28, 2011 9:11 pm

This is my first post and I would be grateful for any input large or small to make head and tail of a family visit visa which has been refused.

The background of the case is as follows:

In 2008 my sister in law, (husbands sister) was sponsored by us for a medical visit to UK since she needed to be seen for medical treatment. Her visa was refused on the basis of some documentary evidence which was missing. The consultant who was going to treat her in UK had not provided evidence of the cost of or the amount of time that her treatment would take. These were obviously parameters that were required but which the consultant did not add since they were unknown until he saw the patient. However the case wasnt continued as my sister in law remained in Pakistan for her treatment and no further action was taken by us.

This December 2011 my daughter is due to get married. So my husband sent a sponsorship for his sister to come for the marriage. In the application every detail of the marriage, accomodation, money, earnings etc were included from our side. From her side she included her bank statement, a letter from her doctor to say she was fit and well and recovered from her previous medical ordeal, a statement from her husband to say he doesnt mind her going for a visit (they have no children) and the application form and a list of all the relatives whom she will see in UK who are british, including a brother, nephews and nieces (some of whom she has never seen since birth) and an uncle aand cousins.

Today her application was refused based on 2 grounds.
1) She hasnt provided details of her husbands income although she wrote how much the family earns through agriculture and animal farming.
2) She has shown a personal bank statement over some years which shows 5 entries of deposits which she hasnt proved where the money came from. The money she has in UK pounds is about £2900.

Questions I need to ask are these.

1) She and her husband are farmers with a small holding which grows wheat and keeps animals for milk and meat. She declared an annual income approximately £3000 pounds of which their expenditure is around £2000 a year. In Pakistan farmers dont keep accounts nor do they have a monthly income. the money comes whenever anything is sold.

I wish to ask what proof can be given for this? Would an affidavit of a proffessional person from the village who confirms this be enough proof?

2) The deposits in her bank account have nothing to do with her husband or his income. That money comes from inheritance that her parents left her such as jewellery and livestock and land which she sold as well as monetary gifts from her brother. She owns inherited land in her own right from her parents some of which she has sold. What proof does she need to give? Can she provide a signed affidavit from herself explaining this money or a letter from the union council? The good thing which I can see is that this money is spare and accumulated over some years. Surely that suggests that she is not desperate for money.

Every aspect of the sponsor was accepted by the ECO that he (her brother) would provide every single penny of her expenses to come and go.

The Entry Clearance officer seems to think that she will not return after her visit to UK.

Could it be that although he hasnt mentioned the 2008 application he thinks that she still requires medical treatment? He hasnt actually specified this suspicion in his refusal though.

I really think that her brother (my husband) would find it cheaper to keep her in Pakistan rather than UK if he really had to support her. But the fact is she is happy and supported by the income she and her husband earns in Pakistan.

Please can someone help in telling us what would constitute the best evidence to convince the ECO that she has financial ties with Pakistan so maybe they will allow her to attend my daughter's wedding in time.

Thank you all in anticipation. (sorry about the long winded case :( i just thought i would give full background)

Lucapooka
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Re: would be grateful for any help :)

Post by Lucapooka » Fri Oct 28, 2011 9:42 pm

help-me-out wrote:The Entry Clearance officer seems to think that she will not return after her visit to UK. Could it be that although he hasnt mentioned the 2008 application he thinks that she still requires medical treatment?
I don't think the two situations are related. Unfortunately, your sister has fallen into the trap that is very common with applications from Pakistan. In the eyes of the UKBA she does not have a sufficiently enriched lifestyle that might motivate her return after the visit rather than abandon this and simply remain in the UK with her family. This general policy of suspicious doubt handed out to applications made in that part of the world can perhaps be attributed to the thousands of people who have previously applied for visit visas on the basis that they will return and then have not done so. All you can do is appeal and leave it for a judge to decide if she represents a risk of non-return (or not). Good luck.
Last edited by Lucapooka on Fri Oct 28, 2011 9:59 pm, edited 1 time in total.

help-me-out
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Post by help-me-out » Fri Oct 28, 2011 9:58 pm

Thanks for swift reply Lucapooka :)

Are you then saying that there is no further evidence that can be submitted which may proove to the ECO that she and her husband do farming and have no written accounts and the source of the money in her account is from sources other than the family income and belongs to her alone?

I am just thinking that if we can give solid proofs now to the ECO he may change his mind and allow a visa in time for the wedding, and even if he was still not convinced then the proofs which are given now will be given to the judge for appeal and we need to get best evidence in now.

Do you therefore have any idea what can be sent in these terms?

Lucapooka
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Post by Lucapooka » Fri Oct 28, 2011 10:07 pm

Yes you can try further evidence (literally anything that will show she has motivation and preference to return to her life there) but, unfortunately, if the ECO sees insufficient ties as the reason, there is often very little you can offer by the way of embellisment to change that and you have a better chance with a judge at the FTT appeal. Obviously if you have previously omitted something very significant then it can have a bearing.
Last edited by Lucapooka on Fri Oct 28, 2011 10:17 pm, edited 1 time in total.

help-me-out
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Post by help-me-out » Fri Oct 28, 2011 10:15 pm

Obviously if you have previously omitted something very significant then it can have a bearing.
What kind of things could those be? I am not sure if something significant is missed if I dont know what they consider significant :(

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