Visit Visa refused - stayed longer than stated on prev visit

[rumise]

Hi guys,

sorry for long post but I really do need your help.

My mother visited me back in June 2013 and gone back on 4th Oct 2013. That’s the only time she came to UK.

At that time we stated she will stay here for 2 months but she stayed just less than 4 month due to my marriage (which was totally unplanned). She was supposed to go back in Aug but my marriage date decided in the meanwhile so she stayed till my marriage and gone back straight after.

Now I want my mom to visit me again but HO refused her application by stating these reasons:-

• I note from your previous visa application that you had declared on your application form that the duration of your visit would be for 2 months. However you stayed for 4 months. The documents you have submitted do not explain why you stayed in the UK longer than you said intended to, how you supported yourself in the UK during this extended and apparently unplanned stay or how you met your financial obligations and maintained your affairs in Pakistan during this time.

Yes my mother stayed more than stated time but it was well within visa limit. My mother stayed because of my marriage. She didn’t provide any details why she stayed longer than stated but I couldn’t find any reason to do so. She didn’t break any UK law.

• Whilst I acknowledge that you did not overstay the validity of the visa, the fact that you stayed in the UK for a significantly longer period than you stated undermines the credibility of your application and I am not satisfied that you will leave the UK at the end of your proposed six weeks visit.

• I note that you will be maintained by your sponsor; however, in order to assess your application and intentions, I have to take into consideration your own personal, social and financial circumstances in Pakistan.

• I understand the importance of family ties; however, however, in order to assess your application and intentions, I have to take into consideration your own personal, social and financial circumstances in Pakistan.

• I note by your own admission you are relying on funds from your son in order to meet the cost associate with this visit. This suggests you do not have funds of your own to pay for this visit. I am therefor not satisfied of your intentions in visiting the UK now.

We submitted all relevant documents, including my payslips, bank details, monthly money transfer slips. I have clearly mentioned on application form that this visit will not cost a single penny to my mother. I will bare all expenditure. Even OH rang me for verification and I told her that I will bare all expenses of this visit.


• The documents you have submitted do not demonstrate evidence of how you are supported in Pakistan or how you meet your living costs. I am therefore not satisfied that your circumstances are as you have set out.

I support my mother financially and mentioned in application form as well. She has submitted last six months money transfer slips with the application to show where she is getting money. Money transfer slip clearly stated sender (mine) and receiver (My mother) names. Her circumstances don’t change what so ever since last visa granted and we have submitted similar documents that time as well.

• On your application form you have stated that you are widowed and have no dependent children. The documents that you have submitted do not demonstrate that you have sufficient ties to Pakistan that would encourage you to return after a visit to the UK. I am not satisfied you have shown that, on the balance of probabilities, you ties to Pakistan (or elsewhere) are sufficient to provide you with an incentive to leave the UK at the end of your proposed visit.

B-form submitted with the application stated all family members’ names. An affidavit submitted as well from my brother and sister stating that they’re living with her in her home in Pakistan and also when OH rang me she specifically asked me this question and I told her details of every family member and where they’re live. Her property documents were attached as well.

• I have considered the evidence and information you have provided about your personal and economic circumstance, however, I have not satisfied you have shown that your ties to Pakistan are sufficient incentive to leave the UK at the end of your proposed visit. On balance to probabilities. I am therefore not that you are genuinely seeking entry as a visitor or will to leave the UK after a limited period. Your application for a visit visa is refused under paragraph V4.2 (a) (c) for the immigration Rules.

We have submitted all the relevant documents with the application but OH still has refused it.

Can you guys please advise me what I should do?

• Email/OH to OH to discuss this decision.
• Contact to local MP because I don’t think any of above abjection is valid.
• Re-apply

much appreciated.

[Casa]

Regrettably a common reason for refusal when the visitor exceeds the time stated on the application, even though within the 6 month period. The ECO then doubts the intention to return within the requested time for future visitor visa applications.
This article by Free Movement, explains your options clearly.
https://www.freemovement.org.uk/visit-v ... al-review/

[rumise]

Thanks Casa, I am not sure what is best to do now. I spoke to my local MP yesterday and explained him the whole case and going to meet him tomorrow with relevant documents. I am not sure whether he'll be able to do anything but I'll ask him him to contact OH regarding this case. I am also going to log a complain to OH as well. Thanks once again for your replay.

[Casa]

Who do you mean by 'OH'

[vinny]

My guess: HO?

[Petaltop]

They started tightening up the abuse from visitors in March 2015 (?) Too many visitors who claim they will be staying a short while and then once in the UK, stay for much longer.

I wouldn't be surprised to see the UK reduce it's visitor rules to a 3 month maximum (instead of 6) to bring them in line with other western countries.

[Casa]

A simple analogy:
A stranger asks to park on your driveway for a week and they stay for 2 months. Would you trust their word if they asked to park there again?

[secretmsg]

Thanks for sharing your case, as my parents are here for holidays and we mentioned 90 days , instead we were planning to make it for 120 days. Now won't be doing it .

[rumise]

I met my local MP on Friday to discuss the whole case. He said he will contact HO regarding this case but wasn't very convinced for any outcome. I'm now thinking to re-apply with a covering letter explaining the situation in which My Mother stayed for four month.

I am not sure what else we can provide to cover these finance and ties objections?

documents we submitted were,

6 months money transfer slips
property documents with evaluation,
affidavit from my brother and sister.
family certificate.

what else we can provide to cover those objections.

Would really grateful any help.


Regards,

[awpal]

I am appalled by reading this post.

I actually logged back after good 8 years, since I had my HSMP application days and reading a newspaper article today by Dr. Ayesha Siddiqa that UK is deliberately cutting down issuing visit visas to Pakistanis. Now this post shows an excellent example of how an awful excuse was found to reject a legitimate visa application. I am also shocked by one of moderator’s car park analogy. My simple argument is that UK has legislated that it issues 180 days visit visa. It does not materially affect, what a person has wrote in his/her application, as long as person is not in breach of any law / statute, which is this case, person has left within 180 days time limit.

Infact, my mother has visited us twice and both time she stayed 5+ months, where (I’ve rechecked) first time she wrote 3 months and second time 4+months possible stay in her application. Last year, my mother visa application was rejected initially, with an absurd reason that my mother has not declared finances of my father (who did not applied). We re-applied within a week with all the same documents + my father’s bank statement and pension book copies. And visa was issued within a week of application.

Now in your case, you must re-apply by explaining the situation your mother stayed last time. And if I were you, I will argue that she left within the lawful and permitted timeframe of the visa, which proves that she abided by the law.

Please keep us posted with the progress.

[noajthan]

As is often the case with HO, past behaviour is used as one indicator of credibility and future behaviour.

Assessing residence through successive visits
You must consider the following factors to assess whether the visitor is residing in the UK because of frequent, successive visits:
The purpose of the visit and intended length of stay stated on the visitor’s visa application form or to the Border Force Officer;

The number of visits made over the past year (rolling 12 month period), including:

• the length of stay on each occasion;
  the time elapsed since the last visit, and whether this amounts to the individual spendingmore time in the UK than in their home country;
  The purpose of return trips to the visitor’s home country and whether this is used only to be readmitted to the UK;

Archive guidance: https://www.gov.uk/government/uploads/s ... 5.0EXT.pdf

[rumise]

Thank you Awpal for your reply.

I am going to re-apply in a week time just waiting for my up to date bank statement. I am going to attach a covering letter from me explaining the reasons why she stayed over the stated time with the copy of my marriage certificate.

will keep you update with the progress.

Many thanks once again.

[cmsheaky]

Hi please let us know about any outcome. People just ask question and run away and don't share end story. I am in same situation. I will keep everyone update

[tmk174]

Thank you Awpal for your reply.

I am going to re-apply in a week time just waiting for my up to date bank statement. I am going to attach a covering letter from me explaining the reasons why she stayed over the stated time with the copy of my marriage certificate.

will keep you update with the progress.

Many thanks once again.

Hi, Could you give me any update on your mother's uk visa application? I stayed in the UK for full 6 months while applied for 1 month. I decided to extend my stay because my boyfriend in the UK found out he got terminal cancer and was to have chemotherapy treatment. I intend to apply for visa to come back after 9-12 months and am now afraid my visa might be refused. I had been to the UK before on student visa, stayed for 2 years and went back before visa expiry. Did your explanation work? did your mom get the visa?

[jyopav126]

Thank you Awpal for your reply.

I am going to re-apply in a week time just waiting for my up to date bank statement. I am going to attach a covering letter from me explaining the reasons why she stayed over the stated time with the copy of my marriage certificate.

will keep you update with the progress.

Many thanks once again.

Hi rumise,
I am in a similar situation like you. My mother came on visit visa, in the application we requested for 3 weeks however as the plan has changed and stayed for 2 months and she left UK with in valid visa period. Now need to apply for her visit visa again. Can you please
tell me the outcome of your mothers application. Thanks

[garu09]

Hey,
Were you able to get your Visa. Were there any problems with it. I am in a similar situation like this.


Hi, Could you give me any update on your mother's uk visa application? I stayed in the UK for full 6 months while applied for 1 month. I decided to extend my stay because my boyfriend in the UK found out he got terminal cancer and was to have chemotherapy treatment. I intend to apply for visa to come back after 9-12 months and am now afraid my visa might be refused. I had been to the UK before on student visa, stayed for 2 years and went back before visa expiry. Did your explanation work? did your mom get the visa?
[/quote]

[Vik0916475]

Hi,

Can you please share about the outcome of the visitor visa application as I have also the same situation.

Regards,
Vik