Nephew UK general visitor visa rejected, please help!!!

[rhgm]

Hi, first to say thanks for this helpful immigration board and all the members for sharing very valuable information.

my situation is that my wife (British Citizen) and myself (UK resident - ILR), are both working for the NHS in Scotland we have at least what we could call stable jobs, we own our house, we invited my Cuban nephew to visit us for a general visitor visa up to 6 months as this visa type allows, the visa was refused, I will post here the actual refusal letter he got from UKVI, to explain a bit my nephew lives in Cuba is 30 years old, he has strong family ties to Cuba as he has his mum, fiancé, grandmother, friends and other family, they all live on our family home in Havana cuba, since my father passed away 5 years ago my nephew gave up his job to look after my mother which is his grandmother full time and I make here sure I pay him a salary o compensate him as he is the one looking after the family in cuba and looking after out family home. this are the papers we provided

from I and my wifes side we provided: a letter of invitation stating that we will provide accommodation, food and transport for free, and the reasons for his visit (tourism and meet the family here), my wife and I marriage certificate, our mortgage agreement and home valuation, personal and joint bank accounts (6 months), last 6 months NHS payslips from me and my wife stating our salary, we provided an official employment letter is stating everything that this letter always say and we provided to sponsorship undertaking forms (Form SU07/12) confirming that we make ourselves responsible for him and giving assurance we will come back to the family in Cuba after his visit to us.

for his part he provided the application form, birth certificates of my mum (his grandmother), his mum, himself and myself to prove that we are family and also to provide an evidence of family back in cuba, don't know if providing his fiancé marriage certificate as well will make the application stronger. he provided a signed letter from the family (mum, grand and fiancé) stating that he will come back as he really has no reason to stay here in UK and saying that he has strong family ties as they are going to get married on the near future and also he is looking after my mum, he also provided all the money transactions statements on my mums name as that's the way of me from here compensating or paying him for providing fully care and support for my mother back in Cuba, the thing is that he has money saved in cuba which is £1000 that he has in cash and is available for part of his trip but he does not have a bank account or savings account but we provided a letter from my mother confirming that they have this money and is available for my nephew to use on this trip.

the thing here is that on my humble opinion I really think that my nephew has all the requirements to get a general visitor visa, my family has a family house in cuba where he lives since he was born, he does not have financial problems, they live comfortable economically, he has the strongest family ties as I have mentioned, also he has all his friends over there, his life is over there, he has a fiancé, he is a genuine visitor, his job is to look after my mum, I put on the application form that he is unemployed but really his job is to look after my mum and he is compensated financially really well by me, the thing is that even on a balance of probabilities he has no reasons to stay, I compensate him every month economically 3 times more than the average salary for a full time worker in Cuba, he has only me here but over there he has the family, friends the family house, his life, he has over there everything, we want to apply again but we want to make sure we get it right this time, can anyone please advice me of any way of doing this and address the refusal reason given on the letter that I will post below

we explained that in the event that the visa gets granted for the full 6 months then his trip will cost £2500 approx, he has £1000 in cash that he really has, and we explain that my wife and I we will provide him with at least £300 pounds a month for every month that he is here and we also provide a letter for my confirming that she agrees to provide this money and agrees to provided support of any kind to him, we don't know what went wrong, we have a full time salary and we are living fairly comfortable and my family in cuba does not have any kind of financial problems, please can anyone explain or give me an advice of what went wrong, how can we fix it, we can even provide the family house papers, an official letter from the government stating the he lives in our family home, I could even make an employment contract to confirm that I compensate him for the care service he provides to my mum, I really don't know, I want to apply again but I want to get it right this time, is not about wasting the money re applying is just that when you get a refusal like that is sad, my nephew is like my son, we were living together in our family home in cuba for more than 20 years, can anyone give me any kind of advice on what to do next, sorry about the long post is just that we don't know what to do, in advance thanks a lot guys, we really appreciate it, below a picture of the refusal letter, just click on the link below to see the letter, hope is readable, thanks again

[REFUSAL LETTER](https://s26.postimg.org/j8oqeuqx5/0_WP_20170919_001.jpg)

[CR001]

6 months is not a 'visit' it is 'residing'. Stating in the application that he wants to visit for 6 months is the first mistake.

He is unemployed in terms of HO view. He has no evidence of being 'paid' by you and family letters carry little weight in such instances. Anyone can write a letter and say anything, doesn't mean it will be believed.

By stating that you will 'provide him with £300 per month', HO might view this as some sort of 'employment', which is not permitted. And to be honest, £300pm for 'tourism', doesn't go very far does it.

What exactly was he proposing to do in the UK for 6 months??

[rhgm]

Hi CR001, we said on the application that we are applying for a general visitor visa (up to 6 months as its allowed on this type of visa), but we would respect any time given and stamped on his passport, the purpose of visiting is just as tourism, visit me, meet the family over here, being able to know the UK culture, being involved in activities like Christmas and things like that, visiting art galleries, museums and places of interest here in the UK

how can we change or prove that we have the money for him to come, how much time should I put on the application form that he is coming for to visit me?, how can I prove that I pay him for looking after my mother as this is his full time job, he has all his family in Cuba, I wish I could know how to make a stronger application, or are we wasting out time re applying again?, I really don't know what to do, I did not think is was this hard to invite your own family to see you here in the Uk

we are not paying him £300 a month we said that his trip will be afforded in part by his savings and in part by my wife and I, as we will be also providing accomodotaion, food, transport for free, I just don't know what to do next, thanks a lot for your reply I really appreciate it

[edisonpayawal]

Hello RHGM,

I am going to apply for my nephew this coming week. I am just lost as I applied him for family visit visa if this is correct, he is 20 years old. I just copied this requirements from my mom where she came here to visit us last 2015 so I am hoping my provided evidence is same
I provided the following:
1. BRP both me and my wife and my son
2. Bank statements
3. payslips and certificate of employment from NHS
4. tenancy agreement
5.cover letter
6.invitation letter stating he will be here for 1 month only.
7.his employment certificate
8. his passbook with £300 on it for 6 months
9. online application
10. his birth certificate, her moms birth cert. and my birth certificate.
This are the documents provided for my mom before which i edited for my nephew, only thing that put a strong hold before is the property thats in her name.

Did you re apply again for Visit visa for your nephew?

[edisonpayawal]

On the application, I all put 0 for him, because im funding all the ticket, accomodation etc for him.The only thing I put in numbers is his own money going for his trip which is in his bank passbook and my money that I will pay for the trip which is £1500, second I made my statement that he is coming only for a month and I will make sure he will be leaving in UK after.

[rhgm]

Hi edisonpayawal, I have not re apply again for my nephew as we are getting ready all the papers again to re apply, i think all the papers that you are presenting are OK, I am not even close to be an expert in immigration but we presented about the same papers that you are about to present and our papers on our side here in UK were fine, noticed and accepted by UKVI, I think the main problem or challenge is to convince immigration that my nephew or in your case your nephew is going to come back to his home country, I spoke to a lawyer and on my case and application we made several mistakes that we are hoping to fix next time, i am re applying for my nephew again next month so hopefully he could be with me for Christmas, my nephew opened a bank account on his name with almost £1500 and we have evidence of where the money came from, I pay my nephew or facilitate my nephew with some money every month for looking after my mother so we are presenting evidence of this and showing bank statements on his name with the money in it to show that we have the money as this was the main reason of refusal in our case but on my really small knowledge you will need to provide evidence of any money or large amount of money deposited on any account for immigration matters, the other thing is to do a letter and explain properly our family tree behind that my nephew has in Cuba and present evidence that he is leaving behind the whole family including his mum and fiance and this is one of the main reasons he will go back to his home country and the other thing is to reduce the length of my nephews visit from 6 months to 6 weeks and explain to UKVI why are we reducing this, honestly this was another mistake we made as we never intended to apply for him to stay here for 6 months we though that we were applying for a general visitor visa that allows people to come to UK for a period up to 6 months, we misinterpreted this question of the application form, hope this make sense to you, but really 6 or 7 weeks will be enough for my nephew, this is tough to be honest to get a visa, the most important is to show that the person is going back to their home country and this is basically showing they have strong commitments on their countries such university, school, college, job, properties or and family really close family behind and the other one is to show that there is enough money to maintain the person here in UK so they don't need to work here or get access to public funds and also show enough money to afford flights coming and return and the way to do it is through bank statements with some incoming and outgoing money and some positive balance on it, or a saving account with a balance on it but always with evidence of where the money came from, even with all this the visa could be refused, I have 3 or 4 friends here that their family has been always refused the first time and visa granted on the second occasion, don't take my advice as an expert one as I am not by any means, I am just sating my situation and our own case, let me know how you go on with your nephews application and if possible share with us your experience, good luck, hope you get it on the first time and thanks a lot.

[edisonpayawal]

I made a mistake on his application. Under standard visitor visa, i chose family visit visa instead of tourist. I think this will make an impact for ground of refusal as nephew, niece uncle and aunt is not considered as family anymore. On your first application for standard visitor visa, did you choose family visit visa or tourist for your nephew?

[rhgm]

Hi edisonpayawal, I put on the application as a general visitor visa, not family visa as nephews and nieces are not classified as close family which I think in some cases is a bit not fair, my nephew is only 8 years younger than me and we grew up together in the same house and we are like brothers, I would say that is one of my closest family member, let me know how you get on and if possible share your experience, I have heard that sometimes choosing the wrong type of visa could end up on a refusal but again I am not sure, you can only wait and be prepared for any answer or decision you get and in case of bad news just apply again fixing the error and maybe explaining that it was a genuine mistake that you made on choosing the wrong type of visa, don't take my advice as the right one as i am not an expert honestly, thanks and good luck.

[edisonpayawal]

What i chose was standard visitor visa. Under it i chose family visit. I will let you know how it goes.. he will apply on wednesday next week

[edisonpayawal]

So i got the decision today and ... they refused my nephew as well.. because:
he has not provided nothing else showing his personal circumstances in my country, not shown sufficiently strong family ties, social or economic ties outside the UK or reasons to return to your home country.


What else does he need to provide? He is 20 years of age and dont have any properties at the moment.
and this family ties, I already explained them through my letter of invitation.

Godamn this people!

[edisonpayawal]

Consulted one of solicitors today, for update
My nephew is likely to be refused because i only presented certification of employment and business permit.
To prove that he is coming back i didnt present enough evidence.
Payslips, income tax return, NI in my country. Proof of income from passbook.. i think im going to give up for this thing.

[Kclark]

Hello, I think the problem is that UKVI will reject a visa application if you say you’ll travel for more than 2 weeks as they find it hard to believe that employers will give you that length of time off work. We are also in the process of applying for my partners nephew to visit us. When you apply online , where does the sponsorship send their supporting documents? Cuba or Uk UKVI? Thanks

[vinny]

my situation is that my wife (British Citizen) and myself (UK resident - ILR), are both working for the NHS in Scotland we have at least what we could call stable jobs, we own our house, we invited my Cuban nephew to visit us for a general visitor visa up to 6 months as this visa type allows, the visa was refused, I will post here the actual refusal letter he got from UKVI, to explain a bit my nephew lives in Cuba is 30 years old, he has strong family ties to Cuba as he has his mum, fiancé, grandmother, friends and other family, they all live on our family home in Havana cuba, since my father passed away 5 years ago my nephew gave up his job to look after my mother which is his grandmother full time and I make here sure I pay him a salary o compensate him as he is the one looking after the family in cuba and looking after out family home. this are the papers we provided

Who is going to look after your mother full time for six months while he is in the UK? If he is able to be absent for at least six months, then it seems that giving up his job for the purpose of looking after your mother full time was unnecessary. This negated his strong ties.

[Kclark]

Hello,
we are in the process of preparing my partners nephews visitor visa, (a general visitor). Once we apply online, where do we send the documents to? If sending to Cuba, how long does it take them to arrive in Cuba (Express) ? Any advice will be appreciated. Thank