ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Appeal against refusal of family visit visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
MrPatel0
Newly Registered
Posts: 2
Joined: Mon Apr 09, 2012 4:03 pm

Appeal against refusal of family visit visa

Post by MrPatel0 » Mon Apr 09, 2012 4:43 pm

I have made an appeal against the refusal of visit visa for my brother and would like to know what kind of question I should be expecting to be asked. Or any other preparation I need to do before hand? There is no solicitors or legal person involved. I filled the appeal myself and will be attending the hearing later in the month.

My parents (both retired) and brother applied for visit visa. My parents were granted visa however, brother was refused. He was refused on not having enough funds in his account even though they clearly stated on their application form that I am taking full financial responsibility for their trip and funded more then enough funds in my dad's UK based bank account and attached the statement with the application form. Other reason for refusal was that he breached his last leave to remain in the UK as a student by working more then 20hours. Visa officer think that his intentions are to stay in UK and not to return back to his home country. Even though after his refusal of student visa he left UK in about a month. Also Prior to his visit to UK as student, he has visited the country couple of time with family and on his own, and did not breach any conditions and only stayed for couple of months on his 6months visit visa.

All my family (sisters, mum and dad) have been visiting UK since childhood and none of us ever over stayed or breached any conditions. I purely appealed on these basis and also that visa office did not took in to account that my brother is running only a very small business which is at very early stages and the revenues which this business is generating is being invested back again. Hence he don't have a healthy bank statement. Furthermore, I am the bread winner for my family and send them money on regular basis and funded their previous trips to UK and to other countries and will be funding this one as well.

I will be grateful if some of you experts can shed some light if I stand a chance or not? and what should I be expecting on hearing day.

Many thanks..!

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

Re: Appeal against refusal of family visit visa

Post by Lucapooka » Mon Apr 09, 2012 4:51 pm

MrPatel0 wrote:Other reason for refusal was that he breached his last leave to remain in the UK as a student by working more then 20hours.
So was he actually refused under general grounds citing a 320 paragraph of the immigration rules?

MrPatel0
Newly Registered
Posts: 2
Joined: Mon Apr 09, 2012 4:03 pm

Post by MrPatel0 » Mon Apr 09, 2012 5:41 pm

On the refusal letter it have "41(i)(ii)" in bold twice which I believe is referring to:

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him;

http://www.ukba.homeoffice.gov.uk/polic ... les/part2/

Apart from that there are no other reference to any paragraphs or acts. Towards the end of the refusal letter, visa officer refer to "...relevant paragraph(s) of the United Kingdom Immigration Rules." and that's about it.

Locked