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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Who may I speak to with regards ***** ***** visa application from

Customer Question

Who may I speak to with regards ***** ***** visa application from my son in South Africa?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Telephone contact is prohibited but I can provide general answers to questions you have about your son's situation.
Can you please briefly explain your son's situation?
Kind regards,
Tom
Customer: replied 2 years ago.

My sons first visa application was denied, because he did not state his criminal record, which was questioned by him and myself, it was an error in the application form by Harvey Travel in South Africa, they told him that it was not necessary? They then did another application with a letter stating that it was their mistake, and even paid for the 2nd request and all the costs, I have all the evidence and documentation on hand, the 2nd request was applied for, and have just had the second refusal, to quote the denial form, 'You were refused entry clearance for using deception on the 11th August 2014. You have failed to address your reasons for doing so' I question this as the letter from Harvey Travel should have explained the reason? Also they state that his job does not earn enough money in South Africa for him to return home????? I supplied letters to state that I was paying for this holiday, all costs incurred by me!!!!!! I am a pensioner and am 68 years old, all I wanted was for my son to visit me here in the UK, I am a British Citizen and he has never been here to visit me,, I feel that my Human Rights have been evoked,,,,,,, he would not stay here in the country, he has a job and commitments in South Africa!!!! His petty crimes ie, drunken driving and resisting arrest, he spent 6 months in jail and served his suspended sentence 3 years ago, he is not in the high risk criminal category, and I am most aggrieved that the Home Office would not let him visit me for 10 days!!!!!! I had arranged for transport to and from Heathrow for him, I live in a studio apartment and could not possible accommodate him for any length of time. No one at the home office bothered to phone or contact me with regards ***** ***** if they had, they would know that he would have gone back to South African, he has no ties in the UK and at this stage, could be bothered to live here anyway!

Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
Was it a visitor's visa that he has applied for?
Kind regards,
Tom
Customer: replied 2 years ago.

Yes for 14 days

Expert:  Thomas replied 2 years ago.
Hi
Thanks. Drafting your answer now. 5 mins please.
Tom
Customer: replied 2 years ago.

Do I still hold on to this page or will you email me your reply?

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It sounds like whoever he arranged to fill out his visa application form has placed him in great difficulty now.
Basically, if they stated that he did not have any criminal record in the form but in fact he does have a criminal record then the home office would view this as a deception because the criminal record has not been disclosed.
I appreciate that it was not your son’s fault that it was not disclosed, but the home office take the view that if an applicant instructs someone else to prepare the application form then they are nevertheless responsible for what it contains.
Basically the best way forward is for a new application to be prepared. It should correct the mistakes made. I would certainly get an acknowledgement letter from who completed the form on your son’s behalf stating that it was not your son’s fault and that the error was there’s.
You have to try and show them that he has continuing obligations in his home country which will continue after the visit and therefore convince them that he is not a risk of overstay. Things like a letter from his employer stating he has a job (if he 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 he has which will continue after the visit.
If you will assist him during the intended stay you should ask them to go to a local solicitor to draft a sponsorship declaration in which you state the terms of his visit, that you are 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 nether of you will need to access public funds. This would cost around £50 + Vat from a local UK solicitor.
Please note though that the home office are entitled to refuse a visa application on grounds of criminality if the applicant:-
(a) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or
(b) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or
(c) has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.
However, if you correct all the mistake with the application and the above criminal refusal grounds do not exclude him and it is still refused then he should consider appealing under Article 8 Right to Family and Private life.
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 2 years ago.

A letter from Harvey Travel was included in his second application stating the information supplied in his first application was their error!

Please read my above correspondence carefully.

How do we proceed from here,, another application is not an option!

What is Article 8? and how do we go about doing this?

I have already supplied the Home Office with 2 letters stating that I am responsible for all his accommodation and welfare. This is also not an option! How do I go about claiming my Human Rights in this matter?

There must be a way, besides writing letters to the press and to the Government!!!!!!!

Expert:  Thomas replied 2 years ago.
Hi,
Okay. The refusal letter should state that his appeal rights are limited to s86 of the Nationality, Immigration and Asylum Act 2002. This means that he can only appeal on human rights grounds.
Basically to do this you will need to instruct a solicitor. Forget about writing to the press or government.
In order to be confident of an appeal, you must be sure that there are no other grounds on which they can rightfully reject. This means that your lawyer must check to confirm the documents were sufficient to deal with the finance grounds of objection and the mistake made by the travel company.
If the solicitor confirms that the documents are sufficient then they will confirm the likelihood of success on appeal. They will then appeal for you.
You need to check if the refusal letter states a time by which your son's notice of appeal should be submitted. If it states a time and you have missed it then you will have to apply again.
If it has not expired then you need to see a solicitor immediately in order to get your notice of appeal in.
Please note that out of country appeals can take quite a long time to sort out, so if the requirement for him to travel is urgent/time-sensitive then your solicitor may nevetheless advise you to submit a further application due to it being quicker.
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your answers, but I have gone the attorney route in South Africa, this I knew from the start, but hoped that there was another route to go in the uK,,,,,

Expert:  Thomas replied 2 years ago.
Hi,
Fair enough. Good luck.
Tom

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