Hi Guys,
I want my Mom and Sister to visit me in UK for 4 weeks. They both applied at the same time in Islamabad (Pakistan), HC issued visa for my mom but refused my sister. The basis for refusal is that Immigration officer is not satisfied that my sister will return back to Pakistan and her reasons for applying for visa not genuine.
Obviously it is very sad as I have not been able to visit them for almost 2 years and my circumstances are not going to allow me to go any time soon. Seems very biased to me that one family member is given permission while other is denied based on the fact that they don't have massive amount of property back home.
Some background on circumstances of my sister. She does not work and live with my parents. I sponsored her and sent the following documents to go along with her application.
6 months payslips
6 months bank statements ( showing 11k GBP ).
Tenancy agreement
Sponsorship letter
My passport and visa
There was one mistake that I made, I did not send my ILR visa page along with her application. They have refused her application with limited right to appeal. My questions are below,
1. How can I convince HC that reasons for visit are genuine and that she will return back to UK after her visit?
2. Can I somehow guarantee them that my sister will go back and I will make sure that she does?
2. If I had attached my ILR visa page, would that have made much difference?
3. Should we re-apply or appeal?
Many Thanks
Sheeda
Here is the actual refusal statement.
"I recognise that family visits are important however a full right of appeal should only be given to the applicants who have applied as a Family Visitor and who have a "qualifying" family member in the UK as defined in the immigration Appeals (Family Visitor) Regulations 2012". Although you have a brother in the UK, he does not hold settled status in the UK and he is not therefore a qualifying family member. As a result your application has been refused with a Limited Right of Appeal.
The onus is on you to qualify for entry clearance based on your own circumstances and your own intentions. You have said that your brother in the United Kingdom and your parents in Pakistan will fund the cost of this visit and I am satisfied that they are in position to do so. But whilst I take that into account in assessing your proposed maintenance and accommodation in the United Kingdom that is only one aspect of the visitor rules and this sponsorship does not satisfy me of your own intentions to leave the United Kingdom on completion of your visit.
You have stated that your are supported by your parents in Pakistan. Although you have stated that have savings of PKR 58,000 ( £385 ), the documents and information that you have submitted do not demonstrate that you hold any savings, property or investment. In any case, the demonstration of savings in your name would merely evidence the provision of funds to you by your parents. The documents and information that you have provided indicate that you have no significant ties, in Pakistan or elsewhere, which would encourage you to leave the UK on completion of this trip and this undermines the credibility of your application.
In the light of the above, and based on the documents and information before me I am not satisfied that you are genuinely seeking entry as a visitor or that you intend to leave the UK at the end of your visit (Paragraph 41 (i) and (ii) of HC 395 as amended). "
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