Visitor Visa Refusal-Advice Required - URGENT Please !!

[tier1_king]

Hi everyone,

We are in a difficult situation now , need your advice on this please ...

I live in UK under a Tier 1 visa and my wife stays under Tier1 dependant visa. We are expecting a baby around mid to end of November.

We applied for a general visitor visa for my father in law and mother in law last friday (25/10/13) (fast track application) and it has been refused today(30/10/13). They had earlier visited us this year for 3.5 months between 15 Feb 2013 and 31 May 2013.

The main reason for refusal seems to be that they are trying to stay for 8 months in a calendar period of 13 months, hence they intend to stay for longer periods with minimum stay in India.
I have attached the text in the 'refusal of entry clearance' document at the end of this message.

We have provided enough evidence for both my in-laws (both are retired government servants with pension income, savings as fixed deposit, savings in bank account, property, etc). They were put as sponsors for their travel and other expenses while we will provide accommodation & food.

We have sent enough supporting documents from our side as well (my wife's maternity leave for next 1 year, employee reference letter, bank statements, etc )

Never in our covering letters and application we have mentioned that they are going to help us during the pregnancy instead we clearly mentioned that they would feel happy to be with us during our first pregnancy.

From our situation, it would be very helpful and great to have my in-laws during the delivery of our baby .

Now we are not going to appeal as it generally takes longer time.
Instead we are planning to lodge a new (fast track) application this Friday (01/11/13) .
The only difference in the application would be that we would be requesting the duration of the stay for 2 months (by which they could only stay for cumulative 6 months in the calendar year).

Few questions
1. What are the chances that it would get rejected once again due to re-applying in a week's time ?
2. Does it make a difference to apply individually for my mother in law first and father in law later?
3. Any other ideas to make the application successful.

As always, thanks everyone for the valuable information that is available on the site. It would be really helpful if we can get some quick replies and it would be very much appreciated ! Thanks for your time in advance !!


Refusal of entry clearance text
You have applied for an entry clearance as a general visitor to the United Kingdom for 5 months. I
have considered your application under Paragraph 41 of the United Kingdom Immigration Rules.
You can read these rules at:
vvvvvv.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrulesl
The Decision I
You have applied for an entry clearance to the UK in order to visit your daughter ***
*** who lives in the UK as a Tier 1 PBS dependant and is expecting a child. You state that
‘ you are retired and receive pension. I note that you have visited the UK recently and the
immigration stamps in your passport show that you entered the UK on 18/02/2013 and returned to
India on 01/06/2013. You proposed to travel to the UK again for 5 months from 04/11/2013 until
21/03/2013. I note that this means that during a period of 13 months you would spend in the UK
approximately 8 and half months. Because you would like to spend such extended period of time in
the UK and stayed in India for only 4 and half months before applying for a UK visa again, I am not
satisfied that you have portrayed that you have sufficient ties in India and that you have presented '
an accurate picture of your personal circumstances in your home country. From the evidence
provided by you It appears that you propose to live in the UK during frequent long term visits and
spend minimal time in India. In the light of the above I am not satisfied that you intend to leave the
United Kingdom at the end of the period specified by you and that you do not intend to live for
extended periods in the United Kingdom through frequent successive visits. In the light of the above
I am not satisfied that you meet the requirements of the Paragraph 41(i) and (ii) of the UK
- Immigration Rules HC395 (as amended).
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 Paragraph of the United Kingdom Immigration
Rules.

[loveman]

Hi

here are answers for some of the questions
Few questions
1. What are the chances that it would get rejected once again due to re-applying in a week's time ?
they will look into the previous refusals but that doesn't affect the present application if it is genuine.

2. Does it make a difference to apply individually for my mother in law first and father in law later?
there will be no difference if you apply individually as they have all the records so it doesn't have any affect.

3. Any other ideas to make the application successful.
I would say you can add the words like, " we would like to share the happiest moment of our daughters life". and you could also add we are afraid we could not be with our daughter when she needs us the most. or she needs our moral support as she does not have any one in this country apart from you.

in the GP letter as well they mentioned the same points like she doesn't have anyone in this country to look after her.

i put some of these words in my application and got the visa.
but i am only unsure about they giving visa for 2 months as i don't know if they give for 2 months.if they do then that's good.

all the best
Lax

[ban.s]

i would reapply with revised intended duration of stay 2-2.5 months. include a covering letter stating that based on the refusal decision they have changed their travel plan and would be returning sooner. though travel ticket is not required but in this instance a return travel ticket would be helpful. if not submitted previously also include property and any other relevant evidence in support of the ties with home country.

ps: the rule of 6 months stay in a 12 month period doesn't exist anymore. also see frequency and duration of visit.

[vinny]

There was never any such Immigration Rule for visitors, specifying 6 months in a 12 months period. It was just guidance for Immigration and Entry clearance Officers to help determine who were genuine visitors. The guidance was probably amended after the Upper Tribunal found it to be unsustainable.

[tier1_king]

Thanks Vinny, ban.s and loveman for the useful information.
At times, the replies and information on the forum are as supportive as they are useful

We are planning to re-apply this Friday with 2.5 months as the duration of the stay and a supporting cover letter, hopefully they are considerate this time ..