How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Law Question Here...
UK_Lawyer is online now

Can you appeal against refusal of a family visa on the grounds

Resolved Question:

Can you appeal against refusal of a family visa on the grounds that they do not have enough funds The reason I ask is that it was made clear that I being the mother in law had advised them that I would be paying for ALL expenses during their visit including flights.
As my daughter in law has been a British Citizen for more than seven years this was going to be a very special Christmas to get her brother and sister to visit for a period of two months stay with her during the Christmas Holidays.
They will take leave from their jobs to come over.
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.
Was the refusal only due to lack of funds?
What funds did they show?
Kind regards
Customer: replied 3 years ago.

Hi Thank you

They asked for details of their bank accounts and also we sent a letter stating that we would be paying ALL costs I also sent a photocopy of my bank statement together with a copy of my sons banks account. During this time I tried to send some money to my daughter in laws sister to help with the visa fees. This was returned by the Indian banks a they were not satisfied that I was not money laundering (the amount was £100 only!)

I was going to pay for the airfares from this end or send them the funds after the visa approval. I don't understand what their problem is I know that she has only £500 in her bank account but she and her brother were not expected to pay anything towards their keep.

I and my son have enough income each month to cover their living costs and sightseeing trips while they are here. My daughter in law does not work because when my son is working abroad she often travels with him They have no children so it is quite easy for them. The main reason we wanted the sister and brother over is to show them what Rai's life is like in the UK . NOT for them to come over and stay permanently.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.
I totally understand your stress regarding the refusals. You should appeal the decision, although the process could take at least 9 months.
The home office is now being very strict with visit visa applications, they are not only inquiring about the maintenance in the UK but also the financial situation in the home country of the applicants.
The fact that they have been refused a visa is also due to the length of visa they have applied for, I believe had they applied for a 2 or 3 week visa then this would have been granted. The fact that they applied to remain in the UK for 2 months may have put some doubt in the mind of the immigration officer ( whether correct or not ).
The immigration officer may also doubt the fact that any employer would give their employee continuous holiday for 2 months.
I believe that although you are sponsoring their trip, if there financial circumstances were not transparent in the application the immigration officer may again have doubted their finances ( although I agree that this assessment is incorrect)
I believe that if you wish for them to be in the UK for christmas then they should reapply and not wait for an appeal, but in the new application state their frustrations and reconfirm the fact that they believe the refusal was incorrect.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you