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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am 4Years married to my wife She is from China We want

Resolved Question:

I am 4Years married to my wife
She is from China
We want her daughter to join us

Consulate Man say,
She more responsibility of family in China

Could any one of you please advice
or sugest
XXX@XXXXXX.XXX
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.
Hi,

Thanks for your question.

what do you mean by a very short time to appeal? Have you submitted an application which has subsequently been refused?
Customer: replied 4 years ago.
Yes, we have applied as i initially stated and have been refused.

Entry Clearance Officer,s Decision
( for my wife's Daughter Liuyun Deng)

" I am not satisfied that your mother has been solely responsible for excercsising parental care ......"

Also mentions " ..no bank statements .." and " ..no property insection report..." on my part, these two points I can submit ok documentation.

Please advice to the best of your abbility, given the present Political climate, on the first part above.

Kind regards

Gareth
Expert:  INC replied 4 years ago.
Hi Gareth,

If you have not provided documentary evidence of financial support of the daughter or a property inspection report, it is not surprising the application has been refused.

You will have a limited period of time in which to Appeal, normally 28 days. You will need to respond to all of the points raised by the ECO by providing original documentary evidence. You must keep a certified copy of everything that you send.

If this is the only reason that the ECO has provided, if you could provide documentary evidence of your financial support and a Property Inspection Report stating the number of rooms and occupants and further stating that the property will not become overcrowded under the terms of the Housing Act 1988 (as amended); you should be able to overturn the decision at appeal.

I hope this answers your question. If so, kindly click accept.

If you wish to discuss, please feel free to ask further questions.

Kind regards,
INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

You have not responded to the first part.

"..excersised parental care.. "

What doo you think?

 

Regards

 

Gareth

Expert:  INC replied 4 years ago.
Hi,

By providing evidence of finacial support you would be showing parental care.

To bolster your case, you may wish to obtain written statements from family members in china specifying that the daughter is with them temporarily and the intention is that she will join her parents in the UK. If possible, the statements should also state that the family members do not have parental responsibility.

You will neot obtain the stateents in time for the deadline by which you have to file the AIT-2 Form, however, you can specify on the form the documents which you intend to supply at a further date.

You will also want to state in the grounds of appeal that the ECO's decision is in contravention of Article 8 of Human Rights Act 1998 - The Right to a Private and Family Life.

Article 8 provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Furthermore, Article 8 sometimes comprises postive obligations, i.e. not to do something (e.g. not to separate a family under family life protection).

You would argue that the refusal of the visa would amount to a breach of Article 8.

I hope this helps. If so, kindly click accept.

If you wish to discuss, please feel free to ask further questions.

Kind regards,
Customer: replied 4 years ago.

Thank you!

 

 

Expert:  INC replied 4 years ago.
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