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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My younger sister have been refused a family visitor visa to

Resolved Question:

My younger sister have been refused a family visitor visa to uk, having been invited by me for a week holiday. What are her options?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

What nationality are both you and your sister please?

What is your immigration status in the UK?

What were the stated reasons for the refusal please?

Kind regards

Tom
Customer: replied 3 years ago.
I am a Nigerian settled in Britain and my wife and son are British. My sister is Nigerian.

They refused her as on the balance of probability that they are not satisfied that she will return and that she have the required fund for her trip. And based on paragraph 41 vi and vii of HC395
Customer: replied 3 years ago.
That is after providing 6 months of bank statement and payslip and letter from her employer. And even having shown her marriage certificate and birth certificate of her son
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Her appeal rights here are going to be limited to human rights or if the decision was made with an element of race discrimination, I’m afraid that I cannot see any of those here. In any event, an out of country appeal would take at least 6 months.

Given this a new application is probably the best way forward.

You have to try and show them that she has continuing obligations in her home country which will continue after the visit and therefore convince them that she is not a risk of overstay. Things like a letter from his employer stating she has a job (if she does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money he has available and evidence of other responsibilities that she has which will continue after the visit.

If she has family ties, such as her husband then she should obtain a statement from him advising that they remain in a loving married relationship and that they both intend for her to return to him before the expiry of the visa.

In addition If you will assist her during the intended stay you should go to a local solicitor to draft a sponsorship declaration in which you state the terms of the visit, that she is to return at the end of it, that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during his stay so that neither of you will need to access public funds. You should also submit evidence of your ability to meet these obligations in bank statement and evidence of your accommodation.




My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.
I don't think return flight ticket is evidence to convince what if they didn't grant her the visa within the date of flight departure. They can clearly see she has the money but not convinced that that money belongs to her and doubt her source of income or earning. So my question is how can she convince them that her job is the source of income? She have provided letter from employer and leave letter.
Expert:  Thomas replied 3 years ago.
Hi,

She needs to supply (as a minimum):-

1. Her Contract of Employment with her employer
2. A letter from her employer referring to the Contract and that she continues to have a job and that she is expected to return to carry on the job
3. Payslips going back at least 6months from her employer showing the deposits of salary in to her account
4. Bank statements showing clearly the pay from her payslips being deposited in to her account.
5. POssibly also end of year tax summary showing the pay for the previous financial year and that tax has been paid on the income
6. A statement from her explaining the chronology of her employment frmo the start of her job up to the current date and referring to the above documents.

Kind regards

Tom
Customer: replied 3 years ago.
She provided most of the things in your list except the end of year tax summary and that her wage payment did not reflect in her bank statement since she collect it cash and deposit it in her savings. The wage slip clearly shows how much tax she has paid.
Expert:  Thomas replied 3 years ago.
Hi,

Then she really needs to submit her statement explaining why the wage payment did not reflect her payslips. This is most probably the primary reason for the refusal.

You have to spell it out to the case officier, you cannot rely on them to investigate in the hope to establish her eligibility.

Please rate my answer.

Kind regards.

Tom
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