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visitor visa entry clearance refused

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rx3000
- thin ice -
Posts: 9
Joined: Wed Nov 28, 2012 2:33 am

visitor visa entry clearance refused

Post by rx3000 » Wed Nov 28, 2012 2:45 am

Application for visitor visa entry (Mum & sister) clearance - India to UK.
Application refused - as financial sponsor is my father in India. Entry Clearance Officer was not satisfied re - savings as large deposits made into my mum and sister's account for spending money/ airfare/ expenses for their trip to the UK. bankbook does not demonstrate that funds can be used for the trip, the money is theirs to use. failed to demonstrate economic circumstances are as claimed in India. you may not be a genuine visitor who will leave the UK on conclusion of the visit.

The money was transferred to my sister and mum's account so they could spend it for their trip.

Paper appeal made - refused by ECM review. What happens now?

What do we do now? any suggestions as to what steps we can take to convince the ECM?

Can we now apply for a full oral appeal?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Nov 28, 2012 7:44 am

The ECM review is over so it's now a matter for the judge at the FTT (in some months). Otherwise, you can try a new application but if the mindset of the refusal is a risk of non-return due to lack of ties it's generally not easy to reverse that at the visa post and only an appeal court will do this.

rx3000
- thin ice -
Posts: 9
Joined: Wed Nov 28, 2012 2:33 am

Post by rx3000 » Wed Nov 28, 2012 10:57 am

Thank you for your reply.
A hearing b4 a judge Even though we paid for a paper appeal?
Is there anything we could do in preparation?
Think the main issue is the money that my dad has put into my mum and
Sis bank account about the time the initial app was made.
My dad is a farmer there is no bank nearby so cash is
The main way of doing things. My dad put about £5000
In my mum and sisters account for them to shop buy
Tickets and take £ with them.
The refusal says because this £ was put in for the purpose
Of the application there's a worry they may not return to India.
My mum is elderly and has every reason to return as does my sister who is my mums main carer.

My main worry is if I as the sponsor need toe plain things before a judge or would I just write to them?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Nov 28, 2012 11:01 am

rx3000 wrote: A hearing b4 a judge Even though we paid for a paper appeal?
Which is read by a judge!

peppekalle
Senior Member
Posts: 558
Joined: Thu Jul 14, 2011 1:38 pm

Post by peppekalle » Thu Nov 29, 2012 2:30 pm

rx3000 wrote:Thank you for your reply.
A hearing b4 a judge Even though we paid for a paper appeal?
Is there anything we could do in preparation?
Think the main issue is the money that my dad has put into my mum and
Sis bank account about the time the initial app was made.
My dad is a farmer there is no bank nearby so cash is
The main way of doing things. My dad put about £5000
In my mum and sisters account for them to shop buy
Tickets and take £ with them.
The refusal says because this £ was put in for the purpose
Of the application there's a worry they may not return to India.
My mum is elderly and has every reason to return as does my sister who is my mums main carer.

My main worry is if I as the sponsor need toe plain things before a judge or would I just write to them?
If you need to explain things to the judge put everything in your bundle.It is always good to go for oral hearing as the judge may ask you to explain your side of the story unlike paper based hearing where the judge reads your papers and makes his or her decision based on the papers you provided .

rx3000
- thin ice -
Posts: 9
Joined: Wed Nov 28, 2012 2:33 am

Post by rx3000 » Fri Nov 30, 2012 2:03 am

Hi in preparing the bundle do I put everything we have submitted so far
And a letter explaining things?
Is it too late to go for a oral hearing?

peppekalle
Senior Member
Posts: 558
Joined: Thu Jul 14, 2011 1:38 pm

Post by peppekalle » Fri Nov 30, 2012 11:07 am

You can always re apply again addressing the issues that were raised in the refusal decision.

When sending the appeal bundle you send everything you can that proves the ECO decision was wrong.

I highly recommend you get professional help with your appeal .They will prepare your bundles on your behalf and will talk to the judge on your behalf .

You can always withdraw your appeal but you must inform the courts as soon as possible.

Chances of success are much higher if you get representation with your appeal.

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Sun Dec 02, 2012 5:20 pm

If you employ a solicitor to appeal on behalf of you, his charges will far outweigh what it would cost you to reapply again for your family.

You must address the earlier refusal points clearly and concisely and back it up with evidence,otherwise it will be refused for the second time.

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