Mother Visit Visa Refused

[tier2ilr]

Hi

I applied for my mother visit visa for 4th time after 2012,2013,2015 Visit visa's . She got visit visas earlier years without any issue. Every time we mentioned that she intend to leave here for 4-5 months and she always left UK before expiry of 6 Month visa limit so that her stay remain legal. This time visa refused due to the reason that She said she will stay for 4-5 months and she lived i week less then 6 month. I never heard this ind of response as She left Uk every time while having Valid Visit visa.REALLY SURPRISED by visa officer logic.

Now my question is what options do i have.

1. For how long she have to wait before i can reapply for visit visa again?

2.Every time she left UK while having valid visa So what justification i should mention in this scenario why she stayed more then initially mentioned on the visa Form?

Your prompt response is highly appreciated.

Regards

[Casa]

Within the HO guidance for Immigration Officers
Assessing an applicant’s personal circumstances
See paragraph V 4.2 of the visitor rules.
"the duration of previous visits and whether this was significantly longer than they originally stated on their visa application or on arrival - if this is the case, you should not automatically presume that the visitor is not genuine, but this may be a reason to question the applicant’s overall intentions"

The yearly visits of 4-5 months could also have contributed to the decision:
the cumulative period of time the applicant has visited the UK and their pattern of travel over the last 12 month period, and assess whether this amounts to ‘defacto’ residence in the UK

And also:
You should check the applicant’s travel history: how long are they spending in the
UK and how frequently are they returning? You must assess if they are, in effect,
making the UK their main home.
You should look at:
• the purpose of the visit and intended length of stay stated
• the number of visits made over the past 12 months, including the length of stay
on each occasion, the time elapsed since the last visit, and if this amounts to
the individual spending more time in the UK than in their home country

https://www.gov.uk/government/uploads/s ... e_v4_0.pdf

Entry Clearance Officers don't calculate the total period of stay in a calendar year, but within a rolling 12 month period. It may also depend on the dates of your mother's last visit to the UK in 2015.

[tier2ilr]

Hi Thanks for the prompt response.

1. Please suggest when should re-apply for her visit visa ?

2. How early one can apply after refusal based on 4.2(a)-(c).?

3. Earlier i applied for my mother for Family visit but my sister is expecting a child next month and she need mother for her help. Should we apply based on her circumstances this time to bring mother in UK for visit visa as she need her during this time.

Regards

[Casa]

Hi Thanks for the prompt response.

1. Please suggest when should re-apply for her visit visa ?

2. How early one can apply after refusal based on 4.2(a)-(c).?

3. Earlier i applied for my mother for Family visit but my sister is expecting a child next month and she need mother for her help. Should we apply based on her circumstances this time to bring mother in UK for visit visa as she need her during this time.

Regards

IMHO you will stand a better chance if you leave a longer gap between the previous visitor visa and the next application. You haven't said what dates your mother visited in 2015? You aren't precluded from re-applying at any time, but you obviously don't want to face a refusal for the same reason.
Saying that your mother is needed to help with the baby is likely to get an even more negative result, as she is expected to be a genuine visitor and the ECO will view this as unpaid child care.