UK 2 year Visitor Visa - Refused. Need Help!

[pgsaslam10]

Hello All,

I had applied for 2 year visitor visa for my mother in law and it got refused today. She had successfully got two 6 months visa before in 2013 and 2014.

The reason for refusal was that last time when she had come for being us during our son's birth, we had specified two months as stay duration and she actually stayed for 3 months 22 months.

Visa officer has specified that although she has not stayed more than 6 months so no problems legally but stayed more than specified and this time not given proof as to how she managed to stay and handle financially for the stay and also take care of indian expenses. Also they have said they dont believe that she would go back to india....

But in the refusal letter she has got shown below, it is saying her place as sri lanka although she applied from bangalore in india.... not sure pointing this error will help?

As we had seen in multiple cases, giving longer stay periods like 4 or 5 months resulted in rejection, we had given 8 weeks last time and this time 6 weeks as duration of stay. Even this time she was planning to stay for 3-4 months.

Now i guess only option left is to reapply and explain what resulted in overstay and show bank statements for that period. She overstayed as pregnancy had complications and hence we wanted her to stay for some more time.

Kindly let me know what you think we should do while reapplying? and what sort of documentation we need to give this time to get it succeeded?

Please find the actual refusal letter below:

Your application for a visit visa to the United Kingdom has been refused.


How your application was considered


You have app. for a visa to visit the UK


• your application, and any additional relevant information you have Provided with if

• your immigration history


The decision
I have refused your application for a visit visa because I am not satisfied that you meet the
requirements of paragraphis, 4 2 - 4,10 of Appendix V Immigration Rules for Visitors because


You have applied for a visa to visit your daughter in the UK for a period of forty-five days VVhilst I
acknowledge the importance of family ties and recognise your desire to spend time with your family,
it is your responsibility to provide sufficient supporting evidence to demonstrate that you meet the
appropriate immigration rules I acknowledge that you have submitted an invitation from your
daughter and evidence of her funds however it is your own Circumstances which are of Paramount
importance in the assessment nt your application. it is yOUr reSpOnSibility tO SatiSfy me that your
circumstances in Sri Lanka are such that if granted leave to enter you will comply with all of the
conditions attached to any such leave and that you will leave the UK on completion of the proposed
visit

you state that you are married with no dependent children and that you are retired I am satisfied
that yOur personal circumstances are as stated


However, I also note that in 2014 yOu were issued a visit visa that expired on 17/MAR/2015 As Per your previous visa application yOU intended to visit the UK for two months. As per your current application form, and passport, you arrived in the UK on 24 SEP/14 and left, 15 JAN,2015 - a period of almost four months,
Whilst you did not overstay the period Your visas were valid for, applications are duration of time that you state you intend to remain in the UK For example,assessed against intended duration of stay. In your case. your previous application against your confirmation that you intended to stay for 2 months (until 01 DEC 14). As per your previous extended stays in the UK and in the absence of information to explain why you stayed in the UK longer than you said you 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 family in Sri Lanka during this time.

Taking all of the above into account I am therefore not satisfied that you are a genuine visitor and will leave the UK at the end of your visit or who is genuinely seeking entry for a purpose permitted by the visitor route I have therefore refused your application in accordance with paragraph V 4.2 (a) and (c) of the Immigration Rules.

Future Applications
Any future UK visa applications you make will be considered on their individual merits, however you are likely to be refused unless the circumstances of your application change.

[secret.simon]

As we had seen in multiple cases, giving longer stay periods like 4 or 5 months resulted in rejection, we had given 8 weeks last time and this time 6 weeks as duration of stay. Even this time she was planning to stay for 3-4 months.

I am not entirely certain that habitually lying about intent is the best way forward. These things do remain on record and can adversely affect future applications.

Try to understand how a UK-born caseworker would look at a "visit" application. They would typically spend a week over Christmas, maybe two. For other special occasions (birth in the family, christening, bar mitzvah), they would be looking at somebody staying for 2-4 weeks, not for 2-4 months. And these expectations are as true of second-generation migrants as they are of people who have been here generations.

Visit visas are meant to be for short, memorable and sweet visits, not residing in the UK.

only option left is to reapply and explain what resulted in overstay and show bank statements for that period. She overstayed as pregnancy had complications and hence we wanted her to stay for some more time.

Reapply with the explanation. Have a short (3-4 weeks stay max) visit for the next couple of visas and then retry for the 2 years visa. Even then, keep the visits short. So, something like 2-4 weeks thrice a year. Don't try the 4-6 months otherwise visas can be cancelled/revoked even after being granted.