UK Visitor visa refusal - urgent guidance needed

[Rakesh16]

Hi

My father's visitor visa was refused on 01st July 2016, I am reproducing the refusal letter word for word below for reference, would be grateful if I can receive guidance on whether I can reapply now i.e. 10 months since the refusal especially if a similar case has been resolved earlier.

''Your application for a visit visa to the UK has been refused.

In deciding whether you meet the requirements of Appendix V:Immigration rules for visitors, I have considered:
- your application and any additional relevant information that you have provided with it
- your immigration history
- that you have stated that you intend to visit your son in the UK for 5 months

The decision

I have refused your application for visit visa because I am not satisfied that you meet the requirements of paragraph(s) V4.2 of appendix V: Immigration rules for visitors because

I note in the last 3 years (36 months) you have resided in the UK for a total of 26 months: 15th March 2013 to 17th August 2013, 29th June 2014 to 19th December 2014, 24th January 2015 to 21st July 2015, 23rd August 2015 to 21st February 2016 and 29th February 2016 to 17th June 2016. You are now wanting to return within 6 weeks of your previous stay for a further duration of 5 months. I note that you are a widow, are retired and that immediate family members have sought to settle overseas. In view of this, I consider that you have failed to demonstrate that you have sufficient ties to India and that you are spending more time in the UK. It would appear that you are seeking to make the UK your habitual abode and in view of the above I am not satisfied that you are living in settled domestic and economic circumstances in India.

This undermines the overall credibility of the application to the extent that I am not satisfied that you are genuinely seeking entry for a purpose that is permitted by the visitor routes, that you will not live in the UK for extended periods through frequent or successive visits or make the UK your home or that you intend to leave the UK at the end of your visit. Your application has therefore been refused under paragraphs V4.2(c), V4.2(b) and V4.2(a) of Appendix V 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.

date of refusal 01st July 2016

[Casa]

Unfortunately not surprising due to the frequent and lengthy visits to the UK your Father has been making.

Visitor visas have become far more difficult to obtain for parents following the tightening on the Immigration Rules in July 2012 for adult dependent relatives.

This is official guidance for Entry Clearance Officers when making 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
"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
the purpose of return trips to the visitor’s home country and if this is used only
to seek re-entry to the UK"

Pages 8, 10/11
https://www.gov.uk/government/uploads/s ... s-v5_0.pdf

[Casa]

It may be wise to leave it another 2 months or more before submitting another application. Also so I suggest that your father only requests a stay of a few weeks, not several months

[Rakesh16]

Thanks for the prompt response. Do you know of a similar case where this has happened and when re-applied after a gap of 6-12 months the applicant has been successful?

I want to get the documentation ready in time for making application in 2 months so would be really helpful if you could answer the further questions:

1. Should I apply for just 6 months or longer? My gut feel is 6 months to ensure they don't see a longer term request as a plan to live in the UK for extended periods.

2. What should I enter as the reason for refusal? At the moment, I have filled in ''failure to demonstrate sufficient ties to India?''

3. Would showing dependant information help or strengthen the case that my father has sufficient ties to India? My sister who is married but separated lives with my father in India. She is 45 years of age but only now completing her education. I am wondering if it would help mentioning that she is my father's dependant and is in full time education in India. She wont be travelling with my father. We can produce her birth certificate, passport showing my father's name under parent name and a letter from her college saying that she is in full time education. I am not sure if this would help or prove that she is separated and dependant on my father.

4. Would providing details of any other children who are in India help if they are not dependant?

[Rakesh16]

Also, I am thinking of providing a separate cover letter explaining that

- the application has been made after a gap of 10-12 months since the last refusal,
- that the visit is only planned for a few weeks unlike his previous travel history i.e. for a full duration of 6 months at each visit
- that the intention is to return on 06th October i.e. that my father plans to leave the UK and has no intention to return for several months after this visit.

I am hoping that would further strengthen the case as a genuine intention to rectify the mistakes made in the past and ensuring adherence to the new/changed visitor visa rules.

[Casa]

Also, I am thinking of providing a separate cover letter explaining that

- the application has been made after a gap of 10-12 months since the last refusal,
- that the visit is only planned for a few weeks unlike his previous travel history i.e. for a full duration of 6 months at each visit
- that the intention is to return on 06th October i.e. that my father plans to leave the UK and has no intention to return for several months after this visit.

I am hoping that would further strengthen the case as a genuine intention to rectify the mistakes made in the past and ensuring adherence to the new/changed visitor visa rules.

Submit all evidence of ties as you proposed in your earlier post, together with your letter of explanation and request a few weeks stay on a 6 month standard visa.

[Rakesh16]

very helpful indeed, many thanks.

One last question that is unanswered, pls could you help with this one as well?

2. What should I enter as the reason for refusal? At the moment, I have filled in ''failure to demonstrate sufficient ties to India?''

[Casa]

very helpful indeed, many thanks.

One last question that is unanswered, pls could you help with this one as well?

2. What should I enter as the reason for refusal? At the moment, I have filled in ''failure to demonstrate sufficient ties to India?''

The application was refused under V4.2 of the Immigration Rules - Genuine intention to visit.
https://www.gov.uk/guidance/immigration ... itor-rules

Therefore I would give the reason as 'doubt that the intention to visit is genuine'

The ECO will cross-check information with previous applications held on the system, so it would be wise to state the exact reason your father has been refused. You could also include "V4.2 of the Immigration Rules".