Visitor Visa Rejected - Advice Needed

[harshitguptaiitr]

I am in the UK (on ILR) and I have my wife and daughter in the UK as PBS Dependent.

My father-in-law has three children - I am married to the eldest daughter of his, and other two are in the UK since Sep-2015 for studies.

Feb-2015: My father-in-law applied for Visit Visa along with his two other children and his niece (14 year old) - Visa granted to all 4. They travelled and left the UK as per their plans mentioned on Visa application.

Aug-2015: Other two children of my father-in-law applied for Tier-4 Visa - Granted.

Oct-2015: My father-in-law applied for Visit Visa - Visa granted. He travelled and left the UK as per their plans mentioned on Visa application.

Mar-2016: My father-in-law used his Oct-2015 Visa for a 2 weeks visit.

Oct-2016: My father-in-law applied for Visit Visa for a 2 weeks visit along with his 5 year old nephew - Both Visa Rejected


Nephew Visa Application:

1. Five years age
2. Younger brother of the girl who travelled in Feb-2015
3. Not travelling with parents (same as his sister from Feb-2015)
4. All documents same as for the girl such as letter of consent from parents, holiday letter from school, sponsorship letter from my father-in-law
5. Flight tickets already booked (same PNR number for both father-in-law and his nephew)

My father-in-law now intends to visit for Christmas and New Year (alone).


Is there anything that needs to be done differently on this application?

[Casa]

Impossible to advise unless you post the reasons for refusal.

[harshitguptaiitr]

Refusal Reason for Father-in-law

It has been noted that you have been previously issued a visa for the UK. However, each application has to be assessed on its own merits using the information and evidence submitted.

I am aware of the importance of maintaining contact with family members. However, I am not satisfied that these outweigh my other concerns against the requirements of the Immigration Rules.

I have considered the evidence provided and written statement you have made but I am not satisfied you have met the requirements of the Immigration Rules on this occasion.

You plan to visit your daughter in the UK and have presented a sponsorship declaration from your UK sponsor.

You are planning to travel with a five year old child who you state is your nephew and in consideration your application, I am aware that the Home Office has a duty of care for child welfare under Section 55 of the Borders Citizenship and Immigration Act. It is therefore imperative I be fully satisfied with the reception and care arrangements in the UK for your stated nephew.

I note that your stated nephew's parents are not travelling and hence have written a letter saying that your stated nephew will be rejuvenated after a visit to the UK. I further note that you have not presented satisfactory evidence of how you are related to this child.

In view of the above I am not satisfied of the credibility of your visit and that you have given an accurate account of the purpose and duration of your UK visit.

On balance, I am not satisfied that you have shown your intentions are as stated or that you intend to leave the UK at the end of your proposed visit.

In light of above, I am not satisfied that you are a genuine visitor and will leave the UK at the end of your visit.

We will make sure that going forward my father-in-law travels either alone or with someone who is over 18.

[Casa]

Also prudent to submit evidence of strong ties to your father-in-law's home country.