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Niece refused General Visitor Visa

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butterfly33
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Posts: 42
Joined: Sat Jun 11, 2011 5:11 pm

Niece refused General Visitor Visa

Post by butterfly33 » Thu Jun 27, 2013 6:00 pm

My niece has been refused a visa to the Uk. She is in her penultimate year at uni and I invited her for a visit providing all my docs. The reason they gave is that there was no input from her parents on their financial situation even though I will be taking care of all her expenses. I will type up the full refusal in my next post. How soon can she reapply and how long does a decision take? This first refusal took 3 weeks.

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Jun 27, 2013 6:44 pm

She can apply immediately and presumably it will take a similar time as the first application. Her ties to homeland are very important and if she is a dependant on her parents, their information is crucial.

butterfly33
Newbie
Posts: 42
Joined: Sat Jun 11, 2011 5:11 pm

Post by butterfly33 » Thu Jun 27, 2013 7:02 pm

Hi all. This the text from the letter in full.

"In accessing your individual application, it has not been necessary to interview you, but I have taken account of:

- the financial and employment information as declared by you on your application form,
- your passport and travel history
- your family circumstance
- the supporting documents you provided

I have used all the information provided by you to determine if the Immigration Rules have been met. In reaching my decision which has been made on the balance of probabilities, I note the following points:

The decision

You have stated that you are a student and supported by your parents. In support of your application, you have provided a university letter and academic transcripts as evidence that you are a student. However, you have not provided any details as to your parent’s income and financial commitments to demonstrate their abilities to support you and I am unable to determine this from the other evidence provided as it relates to your sponsor. I am therefore not satisfied that you have provided an accurate reflection of your personal and financial circumstances in Ghana as stated on your application.

I have noticed that you are single and have not indicated anyone being reliant on you nor have you declared any savings or assets. On the balance of probabilities, this demonstrates only limited ties only to (xxx your country of origin). I have also noted that you have not declared any travel outside of xxx and therefore have had no history of travel to countries directly comparable to the UK. You thus have no evidence of travel and compliance with immigration procedures similar to those of the UK, which might offset my other concerns.

Given the above, on the evidence before me, and the balance of probabilities, I am not satisfied that you have accurately presented your circumstances or intentions in wishing to enter the UK. This means that I am not satisfied that only a short visit is intended or that you will leave the UK at the end of the period stated 41(i)(ii).

I have therefore refused your application because I am not satisfied on the balance of probabilities, that you meet all of the requirements of the relevant paragraphs of the UK immigration board.

Your right of appeal is limited to the grounds referred to in section 81(1)(c) of the Nationality Immigration and Asylum Act 2002."


Anyone know what is meant by the limited right of appeal - what are the grounds in sectioin 81(1)? Can she appeal?

Her parents are going to reapply with their bank details. What happens if they are not showing a lot of money in their account?

I will do another covering letter and scan it to them addressing the fact that she still has her final year to go in Uni - is so far doing very well and is not coming here to stay. I have also previously sponsored another family member who left the UK within the required time period of his visa. How does one address the fact that she has never travelled before - is that a requirement before one gets a visa to the UK?

Any bits of advice as to how to address this would be gratefully welcome. Thank you.

butterfly33
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Posts: 42
Joined: Sat Jun 11, 2011 5:11 pm

Post by butterfly33 » Fri Jun 28, 2013 5:06 am

Thank you Lucapooka

After doing some research I have found out that my niece has no rights of appeal apsrt from isues relating to race or human rights. So we will reapply. Does reapplying involve going through the same process as the first application in terms of photocopying all documents again? Also please could you tell me how to address their comment about this being her first travel abroad. Thank you.

ouflak1
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Joined: Mon Jul 06, 2009 12:59 pm

Post by ouflak1 » Fri Jun 28, 2013 9:36 am

butterfly33 wrote:Thank you Lucapooka

After doing some research I have found out that my niece has no rights of appeal apart from issues relating to race or human rights. So we will reapply. Does reapplying involve going through the same process as the first application in terms of photocopying all documents again? Also please could you tell me how to address their comment about this being her first travel abroad. Thank you.
From the information you have provided, and that is elaborated upon in the refusal letter, it sounds like their decision was correct and consistent with UKBA policy. If you go through the exact same process again, and provide only exactly the same documents again, she will likely be refused in exactly the same way. If her next application gives additional evidence answering the concerns stated in the refusal, and supporting her initial statements made to justify her being allowed a visa in the first place, her chances are much much better.

If she has never traveled outside of Ghana, there is nothing you can really do to alleviate this concern. It's just one thing they will take into consideration again.

butterfly33
Newbie
Posts: 42
Joined: Sat Jun 11, 2011 5:11 pm

Post by butterfly33 » Sat Jun 29, 2013 11:13 am

Thank you ouflak1.

We will be sending extra documents, payslips and bank statements from the parents in addition to the previous documents and addressing their queries. Just have to wait and see what happens.

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