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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Employment Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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UK Visitor Visa - Rejected 5 times

Resolved Question:

Hi, I am in UK for last 4 years on T1G General visa and had been working full time, I need some advice for my mothers family visit visa/general visit visa. So far it has been refused 5 time in last 4 years and recently got rejected last month. In the initial application we have shown that my brother who runs a business in India is sponsoring her, we have shown that she has property other assets worth £100,000 in India. Everytime the refusal was over concern about my brothers business ownership, they had been stating that we have not provided any proff that my brother owns the buisness, we kept business registeration and other document and finally in the last refusla they stated that though my brother owns the business and have around £50,000 in the account their is no proof that this money will be available to my mother on her visit. They have also stated that my brothers personal account shows only £200 balance so they are not sure that my mom will able to stay in uk without working. I need to know what shall I do now as the appeal system is also closed now, I dont know what to do my mother is 45 year in age and I really want her to come and stay with me for 2 months, I am working and earn £50K salary so I can take care about her, I am renting a flat as well in london. I need to know how to present my case this time so that visa officer get clear idea that my mother is genuinely going to visit me and leave in 2 months time and she wont be working. Thanks, Anurag

Submitted: 1 year ago.
Category: UK Employment Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Why are you not sponsoring her visit to the uk?
Is your brother able to put money in her account?

Kind regards
Customer: replied 1 year ago.

Hi,


 


About me sponsoring my mother is not a problem but since the initial application we have shown as my brother is sponsoring, so if now I will show as I am the sponsorer that would create a doubt in visa officer's mind...


 


My brother can put money in her account but the thing is my mother already has a balance of £3000 but they are not considering, in the last refusal they said that my brother is having only £200 in his personal account, the reason for that is that he keeps all his money in his business account that has balance of £50,000, they are not sure how this £50,000 will be available to my mother for her visit...

Expert:  UK_Lawyer replied 1 year ago.

Thank you for your reply.

 

The issues with this application is that you are reliant on monies which neither you your money or your brother have. The money you are referring to belongs to the company because a company is a separate entity. Therefore any money in the company can not be accessed by your mother, that is why the home office is not sure how it will be available for your mother.

 

What I suggest you do is support your mother's application to the home office. The home office and write an affidavit stating that you will accommodate her,provide for her during the duration of her stay in the uk. You should then ensure that the home office consider the fact that there is £3000 in her account and that because you are sponsoring her that would be more than adequate for her during her stay. You need to submit your bank statements and also tenancy agreement and employment payslips confirming that you are employed in the uk and have a tier 1 visa allowing you to work. And because you are unable to visit your mother in her home country due to work, you would like her to come and visit you in the uk. This would give her application a better chance of success.

 

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further questions until you are satisfied with my answer. Kind regards

Customer: replied 1 year ago.

I have few concerns:


 


(1) In last 5 applications we have shown that my brother is sponsoring my mother and now If i will show as i am sponsoring that would create a doubt, isn't it??


 


(2) Could you tell me how much balance should I have in my account that would give visa officer assurance that I can take care about my mother's expense...


 


Thanks,


Anurag

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. No this would not, the fact that a sponsor changes does not mean an application will be rejected. Just because an application was not getting approved with one sponsor does not mean that another person is not able to sponsor them.

2. There is no exact amount that is required, but if you have say 2-3 thousand in your account and out of your income once your expenses have been paid you still have an amount left as savings this would be sufficient.

Because your mother will be living at your property rent free the only thing the immigration officer would need to consider is food and for that there is not much money that needs to be shown. So as I mentioned 2000 - 3000 would be sufficient.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

Hi,


 


Thanks for your advice, could you please spare out some time and quickly have a look at the 5 refusals that I have received for my mother so far, the link below will get you to though refusal letters..---------


 


https://drive.google.com/folderview?id=0B7h1cgi-2GbbdVVpVEdHWGVVYlk&usp=sharing


 


Let me know if you think that now its ok to remove my brother all together from the application and just keep me and my mom's document.


 


Will the visa officer wont reject the application stating that so far they had been refusing because I was stating that my mom is dependent on my brother and this time their is no mention about him.


 


One last thing for the 5 refusal letters,


-> Abhishek Agarwal is my brother,


->Alka Agarwal is my mother,


->Anurag Agarwal is my name and


-> Jagdamba Agencies is my brother's sole ownership firm that deals in plywood materials.


 


On hearing back from you will mark the answer...


 


Thanks,


Anurag

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Unfortunately I am unable to open the link provided but from what you have mentioned, the fact that your mother is dependent on your brother will not have an effect on your mother's application. The fact that she is dependent on him in your home country does not mean that you are unable to sponsor her to come to the uk.

The fact that your mother has been refused her visa is a clear indication that your brother does not have the financial means of supporting your mother's visit, and unless this changes her application is unlikely to be refused once again.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2248
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi,


 


Just for your reference and as a follow up, I have approached 2 separate Visa assistance provider for preparing my mothers file in London and both told me the same thing that it is not at all advisable to change the sponsor as this would create a doubt in mind of UKBA officer.


 


Both had advice me that I should better apply again showing my brother as sponsorer and explaining them about their concern.


 


Becoming a sponsorer and removing my brother from the application will result in straight rejection.


 


Just wanted to let you know this as I got the same reply from 2 different leading visa assistance companies.


 


Thanks,


Anurag


 


 


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for informing me.

Kind regards
Customer: replied 1 year ago.

I am happy with the answer, by mistake I pressed wrong feedback button and just now realise mistake, the site has no option to revert it back...

 

I am happy with the advise given by UK_Lawyer and would like to rate "Best Service" for my question.

 

 

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