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Visitor visa - gross oversight by case worker. My options?

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crazytopu
Newbie
Posts: 37
Joined: Mon Jan 06, 2014 3:55 pm

Visitor visa - gross oversight by case worker. My options?

Post by crazytopu » Thu Jun 08, 2017 1:51 pm

Hi all,

Hope someone can help me figuring out a way to challenge gross oversight made by the case worker. I am aware that no administrative review is granted with visitor visa application so what would be my possible options?

Please read on..

My mum's visitor visa application has been turned down today. From their reasoning it's clear the caseworker has paid very little attention in reading the application form properly which is really unfortunate. So, these are the key facts from her applications:

1. She is a housewife and the sole applicant
2. My dad hasn't applied with her
3. I am her main and the only sponsor (living in the UK - British citizen).
4. She has quite clearly laid out her plans and provided sufficient supporting documentations that demonstrate her economical and social circumstances.
5. I've provided everything possible as proof that I've sufficient fund and accommodation to support her during her stay in UK (passport copy, bank statements, payslip, tenancy agreement etc etc)
6. My younger brother who (once used to live in the UK) currently resides in the Netherland has gifted her some money for the trip and that was evidenced by documents (copy of his passport and Dutch biometric were included in her application).

So, what do the case worker's reasonings say?

They have got it mixed up with who is the sponsor (which is quite impossible to do if you just read the application form with due attention). This is the exact phrase from the refusal letter:
I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) V 4.2 - 4.10 of Appendix V: Immigration Rules for visitor because:

* I have considered the evidence and information you have provided about your personal and economic circumstances. However, under the UK immigration rules, you must show that you qualify for a visa by explaining your own circumstances and the pans you have for your visit.

* You have applied for entry clearance with your spouse (She did clearly say she is the sole applicant and that one of her key reasons for her to be back home is that she is leaving behind her husband) to visit your son my_brother_name (Not me!). However, Home office records indicate that your son's (not me my brother's !! ) permission to remain in the UK expires on ...... . I have carefully considered (really?!)
your application and taken into account details of your sponsor's personal circumstances: however,
as you have requested a visit to the UK for a period beyond the validity of your sponsor's leave to remain in the UK I am not satisfied that the circumstances surrounding your trip are as claimed or that you will leave the UK at the end of your visit. Your application has therefore been refused under paragraph V4.2(a) of Appendix V of the immigration rules.

In relation to this decision there is no right of appeal or right to administrative review.

Route to ILR
Member of Standing
Posts: 273
Joined: Mon Apr 20, 2015 9:11 pm

Re: Visitor visa - gross oversight by case worker. My option

Post by Route to ILR » Thu Jun 08, 2017 2:20 pm

crazytopu wrote:Hi all,

Hope someone can help me figuring out a way to challenge gross oversight made by the case worker. I am aware that no administrative review is granted with visitor visa application so what would be my possible options?

Please read on..

My mum's visitor visa application has been turned down today. From their reasoning it's clear the caseworker has paid very little attention in reading the application form properly which is really unfortunate. So, these are the key facts from her applications:

1. She is a housewife and the sole applicant
2. My dad hasn't applied with her
3. I am her main and the only sponsor (living in the UK - British citizen).
4. She has quite clearly laid out her plans and provided sufficient supporting documentations that demonstrate her economical and social circumstances.
5. I've provided everything possible as proof that I've sufficient fund and accommodation to support her during her stay in UK (passport copy, bank statements, payslip, tenancy agreement etc etc)
6. My younger brother who (once used to live in the UK) currently resides in the Netherland has gifted her some money for the trip and that was evidenced by documents (copy of his passport and Dutch biometric were included in her application).

So, what do the case worker's reasonings say?

They have got it mixed up with who is the sponsor (which is quite impossible to do if you just read the application form with due attention). This is the exact phrase from the refusal letter:
I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) V 4.2 - 4.10 of Appendix V: Immigration Rules for visitor because:

* I have considered the evidence and information you have provided about your personal and economic circumstances. However, under the UK immigration rules, you must show that you qualify for a visa by explaining your own circumstances and the pans you have for your visit.

* You have applied for entry clearance with your spouse (She did clearly say she is the sole applicant and that one of her key reasons for her to be back home is that she is leaving behind her husband) to visit your son my_brother_name (Not me!). However, Home office records indicate that your son's (not me my brother's !! ) permission to remain in the UK expires on ...... . I have carefully considered (really?!)
your application and taken into account details of your sponsor's personal circumstances: however,
as you have requested a visit to the UK for a period beyond the validity of your sponsor's leave to remain in the UK I am not satisfied that the circumstances surrounding your trip are as claimed or that you will leave the UK at the end of your visit. Your application has therefore been refused under paragraph V4.2(a) of Appendix V of the immigration rules.

In relation to this decision there is no right of appeal or right to administrative review.
I think u have complicated the visa application by attaching your brother passport and dutch biometric card. How they come to know that your brother lived UK before and his leave has expired? Did u also attached his expired UK visa copy or u mentioned it somewhere in the application?

These days they r just looking for baseless reasons to refuse the visa. I sympathies with u but don't lose hope

Your best bit is to reapply and write a cover letter and explain what last ECO has done. And that u r the main sponsor not your brother and u attached his details because he send money back home.

Also attached proof of your mother social ties in home country. Does your dad work or have business? if yes than attach documentary evidence to satisfy ECO that he is not travelling with ur mom and staying back home because he is busy doing his work or business.

crazytopu
Newbie
Posts: 37
Joined: Mon Jan 06, 2014 3:55 pm

Re: Visitor visa - gross oversight by case worker. My option

Post by crazytopu » Thu Jun 08, 2017 5:23 pm

Thanks for your reply.

No we didn't include his UK biometric or mentioned he ever lived in the UK. I suppose they had done search on him when they concluded he is the main sponsor and they wanted to establish his immigration status in UK.

No, my dad is retired and we showed some social ties - just thinking perhaps need a little more showing. But you got it right with my brother details - the only reason why we included it so they can be sure why the money went to her account all of a sudden before the visa application and what is the relation between them (i.e mum-son).

So, without a fresh application can I not challenge their decision?

Route to ILR
Member of Standing
Posts: 273
Joined: Mon Apr 20, 2015 9:11 pm

Re: Visitor visa - gross oversight by case worker. My option

Post by Route to ILR » Thu Jun 08, 2017 9:04 pm

crazytopu wrote:Thanks for your reply.

No we didn't include his UK biometric or mentioned he ever lived in the UK. I suppose they had done search on him when they concluded he is the main sponsor and they wanted to establish his immigration status in UK.

No, my dad is retired and we showed some social ties - just thinking perhaps need a little more showing. But you got it right with my brother details - the only reason why we included it so they can be sure why the money went to her account all of a sudden before the visa application and what is the relation between them (i.e mum-son).

So, without a fresh application can I not challenge their decision?
No way. No appeal and no review option. Only options is Judicial Review but it too costly and time consuming practice with Zero result as HO will say that its better if you visit them.

Apply again and first involve your newly elected MP. Tell him about your case and get his advise. I did the same and got positive result. Obviously MP can't force them to grant visit visa but when he asked them about the new visa application status, Relevant British High commission will deal your case fairly as they know that MP is also involved.

Write a strong covering letter detailing each refusal point with good explanation.

crazytopu
Newbie
Posts: 37
Joined: Mon Jan 06, 2014 3:55 pm

Re: Visitor visa - gross oversight by case worker. My option

Post by crazytopu » Fri Jun 09, 2017 3:13 pm

I was thinking exactly same - involving MP. But I feel gutted what poor service they provide with people's money and inconvenience caused by such poor decisions ends in a lot of disappointment. All good sdvice thanks ever so much.

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