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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My husband and I recently sponsored my unmarried niece who

Resolved Question:

My husband and I recently sponsored my unmarried niece who is 49 years of age, who lives in Sr Lanka to visit us in the UK for a short visit of two to three weeks, and her application had been refused.
We also sponsored her married sister at the same time and her application had been approved.
Have I got a right to appeal against the decision to turn my unmarried nieces visa application down. Whilst the BHC in Chennai contacted us about my niece who was married, they did not contact us at all about the one Who was unmarried.
An unfair decision that the Visa Officer was not satisfied she will not return to Sri Lanka, if she was given a visa, was taken.
I object to the assumption made that my husband and I would support a false visitor application.
please let me know what our rights are.
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.
It is only the niece who could conceivably appeal he application. You cannot appeal it on her behalf as a sponsor.
Additionally, as the visa application is a visit visa application then she is unlikely to have been given a right to appeal unless the decision itself was discriminatory in nature (eg. because of sex, gender, age, disability).
The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds
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 her 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 she has available and evidence of other responsibilities that she has which will continue after the visit. This would usually be contained in either a statement from her or a sworn affidavit or declaration.
It seems that the application has been rejected because the home office are unsure whether she is going to return to her home country, this is usually because the evidence that was supplied is insufficient.
They do not appear to have rejected it because they consider that you would knowingly support a false visitor application, but rather are likely to have done so on the basis that your nieces own evidence that she supplied did not adequately show that she would certainly return home.
Even if an appeal were possibly it would still take over 6 months to hear because it is an out-of-country application. In the circumstances, the quickest way of attempting to resolve the situation would be for her to apply for a further visas by way of a new fresh application correcting the evidential omissions from the first application.
I am sorry, I know it’s frustrating.
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
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 is only the niece who could conceivably appeal he application. You cannot appeal it on her behalf as a sponsor.Additionally, as the visa application is a visit visa application then she is unlikely to have been given a right to appeal unless the decision itself was discriminatory in nature (eg. because of sex, gender, age, disability). The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-· You want to visit the UK for no more than six months;· You intend to leave the UK at the end of your visit;· You have enough money to support yourself during your stay in the UK without working or needing help from public funds 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 her 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 she has available and evidence of other responsibilities that she has which will continue after the visit. This would usually be contained in either a statement from her or a sworn affidavit or declaration.It seems that the application has been rejected because the home office are unsure whether she is going to return to her home country, this is usually because the evidence that was supplied is insufficient. They do not appear to have rejected it because they consider that you would knowingly support a false visitor application, but rather are likely to have done so on the basis that your nieces own evidence that she supplied did not adequately show that she would certainly return home. Even if an appeal were possibly it would still take over 6 months to hear because it is an out-of-country application. In the circumstances, the quickest way of attempting to resolve the situation would be for her to apply for a further visas by way of a new fresh application correcting the evidential omissions from the first application. I am sorry, I know it’s frustrating. 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
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 is only the niece who could conceivably appeal he application. You cannot appeal it on her behalf as a sponsor.Additionally, as the visa application is a visit visa application then she is unlikely to have been given a right to appeal unless the decision itself was discriminatory in nature (eg. because of sex, gender, age, disability). The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-· You want to visit the UK for no more than six months;· You intend to leave the UK at the end of your visit;· You have enough money to support yourself during your stay in the UK without working or needing help from public funds 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 her 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 she has available and evidence of other responsibilities that she has which will continue after the visit. This would usually be contained in either a statement from her or a sworn affidavit or declaration.It seems that the application has been rejected because the home office are unsure whether she is going to return to her home country, this is usually because the evidence that was supplied is insufficient. They do not appear to have rejected it because they consider that you would knowingly support a false visitor application, but rather are likely to have done so on the basis that your nieces own evidence that she supplied did not adequately show that she would certainly return home. Even if an appeal were possibly it would still take over 6 months to hear because it is an out-of-country application. In the circumstances, the quickest way of attempting to resolve the situation would be for her to apply for a further visas by way of a new fresh application correcting the evidential omissions from the first application. I am sorry, I know it’s frustrating. 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
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave feedback.
Kind regards,
Tom
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