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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, My question is related to Family visit visa, I am in

Resolved Question:

Hi,

My question is related to Family visit visa, I am in UK for last 5 years on Tier 1 general visa and had been trying to call my Mum to UK for 2 months to spend some time with me and my wife who is on Tier 1 Dependent visa.

Up till now I have applied 5 times and it has been rejected base on following reason...

Please check this link, I have upload all the 5 refusal letter here...

https://www.dropbox.com/sh/kujieqz4kp7vj61/0qnadwSGnA

The issue is that every time they have no problem with my documents but always point to some document related to my brother, we have shown in our first application that my brother is also supporting my Mum, and based on this we thought of keep adding documents every time and every time we end up with some stupid reason from UKBA.

As of now my wife is 6 month pregnant and we are expecting our baby in April, I really wanted my Mum to be here when we have our baby.

Can you suggest me that can I now remove my brother from my application and just put my document and my Mom's document and be a sole sponsor. Will UKBA going to reject because I didn't mention anything about my brother this time.

I am submitting my bank statement which has around £6K and also my Mum bank account which has around £4K and also bank statement of me and my wife Fixed Deposit of around £20K, also my Mum's properties document amounts to £100K.

I am renting a flat where my Mum can stay with us. Documents included (rental Agreement and council tax bill) my wife's maternity certificate from NHS Mat 1B, I also have bank statement and employment offer letter for my wife.My wife is on annual salary of £20K and I am earning £55K.

Do you suggest any further documents ???

Thanks,
Anurag
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello, Anurag,

Firstly, you are not qualified to sponsor your mother for a family visit visa as you are currently on a tier 1 visa. You may only sponsor her for a family visitor visa once and if you obtain indefinite leave to remain in the UK.

Your mother should apply for a general visitor visa and you do not need to mention your brother anywhere in the application.

You need to provide the documents set out here:http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/sponsoringavisitor/documents/

At the end of the day, your mother needs to show that she will return back home after her visit to the UK, so evidence of property, family back home, work etc should all help.

At the end of the day, there is no guarantee that a visa will be issued to her, and there is no general right of appeal against a refusal, sorry to say.

Hope this helps
Customer: replied 3 years ago.

hi,


 


thanks for quick reply, I got your point that I cant apply for my mother "family visit visa", out of the 5 application the last one whihc I made was General Visit visa.


 


So can I be Sponsor for my Mum for "General Visa", the link that you gave says something like this ...


 


"If you will supply financial support and accommodation for your visitor, and/or you will pay for their travel to the UK, they will need to provide:



  • copies of your bank or building society statements and payslips for the last 6 months; or

  • a copy of your savings account book."


 


I am sorry but I really wish if it was easy enough to understand from UKBA website, but can you tell me if I can be a sponsorer or not now.


 


One more thing I am now eligible for ILR and have my Life in UK test on next week, do you think its better for me to wait for 2-3 weeks and get ILR and then apply for my Mum's visa ???


 


In any case should I submit any documents related to my wife (Employment, bank statement) ???


 


Thanks,


Anurag

Expert:  UKSolicitorJA replied 3 years ago.
Yes, you may sponsor her for a general visit visa now, you do not need to include your wife's documents.

If you are eligible for ILR soon, then it may be better to apply for a family visit visa for your mother after you receive your ILR as this makes you in a stronger position to sponsor your mother.

You do not need to include your brother or your wife in your mothers application unless they will also be sponsoring her.

All the best
Customer: replied 3 years ago.

Thanks, XXXXX XXXXX I am all set now, just one last thing, if I get my ILR say by end of this month, my wife came to UK on tier 1 dependent on 21 April 2012 and she will be completing her 2 years this April so will there be any problem if she applies for ILR separately say in May 2014.


 


Does this will have any problem for our child, just assuming that we will be going to have our baby in April and say at the time of her birth say I am on ILR and my wife is on Tier 1 dependent, what will be our baby's status in that case???


 


I will mark question as "Answered" upon your reply.....


 


Thanks,


Anurag

Expert:  UKSolicitorJA replied 3 years ago.
Your baby if born in the UK will be British at birth if you have ILR at the time of the birth.

I would suggest that you apply for ILR together with your wife, you may do so 28 days before 21 April, it will get complicated if she applies after you.

All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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