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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Dear solicitor,I sponsored my brother to visit me in Uk for

Customer Question

Dear solicitor,
I sponsored my brother to visit me in Uk for two weeks but unfortunately his visa got refused as he has no income and assests and funds of his own. And that he has no one dependent on him.
He is a Full-time student and financially supported by father.he is unmarried and lives with his parents in their family home.
We also have send a PAP letter to them but they again came up with the same refusals again that he has no income and assets and fund of his of his own. Although my father was ready to fund his travel trip to uk.
Now I am thinking to lodge a judicial review. Dont you think that it is unreasonable and unjust to demand an income and assests from a Full-time student ? And how can an unmarried student have dependents ?
Will the judge quash those refusals as unfair ? And what is my successs rate in judicial review ?
Waiting for your reply.
kind regards
sonia
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Thomas replied 9 months ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.You cannot apply for JR of a simple refusal of a visa. The only way that you could would be if you appealed the decision first to the immigration appeal tribunal (which you can only do on human rights grounds) and the apply for JR of the actual appeal refusal.Basically, the decision is not unlawful. This is because your student is regarded for the purpose of the immigration rules as an independent adult. This means that he must be able to show that he has his own money in order to pay for the costs of his stay in the UK. An offer of financial support from your father does not mean that he can not have his own money. The offer of financial support must be in addition to him having his own money.I know it’s frustrating but the decision according to the immigration rules is not unlawful.The best way forward to get your brother here as quickly as possible is to apply again, but only after your father has gifted your brother a sum of money in his own account and detailed that such transfer is a pure gift of monies for your brother to do with as he wishes. IN addition your father should still offer financial support as well as transferring him the actual money. 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 9 months ago.
And what we do for assests and income? how to cover it ?
And they also say that he has no one dependent him.
Expert:  Thomas replied 9 months ago.
Hi, Your father should transfer him a sum of money to cover the costs of his stay in the UK. If he is coming for two weeks then he should probably transfer him something in the region of £3000.00. If he does not have any assets then there is nothing he can do about it. 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 you are not a risk of overstay. Things like a letter from your college stating he is studying and and is expected to return to continue his studies, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement or letter). Please remember to leave feedback. Tom
Customer: replied 9 months ago.
Dear *****,
Can I appeal on human ground basis to the Immigration Tribunal ?
OR
Can I go straight to the JUDICIAL REVIEW which I am considering right now. what will be my chances to win on JR ?
Customer: replied 9 months ago.
dear *****,
one last question. After how many months he can apply again after having money transferred in his own account..

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