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Family Visa rejected - Appeal or re-apply?

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

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fragnance19
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Posts: 12
Joined: Sun Oct 14, 2012 3:04 pm

Family Visa rejected - Appeal or re-apply?

Post by fragnance19 » Fri Mar 22, 2013 11:47 am

Hello All,
I have read this forum many times and It has been always helpful. However I am not able to find specific information and seeks help urgently.

Could you all please help.
I wanted my parents from India to visit me this summer and has sent the sponsor letter, they currently do not have income of their own and is dependent on my brother. They mentioned that in the application and accordingly explained the income in/out in there saving account. However they did not attached my brother's documents.

The visa got declined stating: You state that you are financially dependent on your son, who sends you money or deposit cash in your bank account. However you have submitted no evidence of your son's employment or of funds derived from his employment. In fact there is no evidence to show your son's whereabouts. Without evidence of his employment I am not satisfied that your circumstances in India are commensurate with your proposed visit. And has been given the option for right to appeal.

Now I have few questions:
1. In the above case is it advisable to appeal with additional documents? With appeal do they need to send the all the documents shared with original application?
2. My brother hasn't file his last two years income tax return and recently those had been filed (i.e. after the rejection decision). Can this be misused against appeal? If so, should they re-apply again?
3. Does the property documents needs to be translated in English? Can someone please provide me a sample. does the transaltion should have the same format?

Appreciate if you can suggest something at the earliest so that I can make a quick decision on what to do next.

Regards
Fragrnace19

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Mar 23, 2013 12:27 pm

In an appeal, you cannot rely on new evidence that postdates the decision.

Probably better to apply again, with all the relevant documents.
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fragnance19
Newly Registered
Posts: 12
Joined: Sun Oct 14, 2012 3:04 pm

Post by fragnance19 » Wed Mar 27, 2013 3:46 pm

Thanks a lot for your input and link provided. It makes sense to re-apply.

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