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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2248
Experience:  I am a qualified solicitor and an expert in UK law.
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I want my Romanian friend (who is already residing in the UK)

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I want my Romanian friend (who is already residing in the UK) to work as our au pair doing household duties and childcare for no more than 5 hours per day. She will earn £80 per wek and be immersed into our English family life. We are an English speaking family and I am qualified to teach English as a Foreign language. Our proposed au pair submitted Form BR3 in December and has just received a letter informing her that her application has not been approved. Despite our having provided her with an invitation letter and answered further questions, they have stated that they were unable to confirm she complied with the requirements due to her failing to provide my phone number within 14 days of a letter. Is this normal or is there something sinister behind this? We could submit a fresh BR3 but is this the only option?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question.

 

It seems that the UKBA has failed to discharge their duty properly by not requesting further details from the applicant regarding contact details for their proposed employer.

 

If the applicant has been given a right of appeal then you may pursue the appeal. If not and you do not want to appeal the decision then you could write directly to the UKBA caseworker providing them with the documents and details mentioned in the refusal letter and requesting them to reconsider their decision.

 

If you would like to submit a fresh application, then please remember to address all the issues raised in the UKBA's refusal letter.

 

I hope I have answered your question. If so, kindly click ACCEPT.

 

Kind regards,

 

Customer: replied 2 years ago.
Thanks for your reply which is helpful. I just want to clarify what is likely to have the best prospect of success, i.e. appealing this application or starting a fresh one. Also, when you say we would have to give the reasons for the old application having failed in any new BR3; to what extent do we need to set this out? We have written directly to the caseworker before but our letters are not responded to personally and the information provided seems to have been completely overlooked or ignored. In fact the refusal letter doesn't appear to make sense. I can only interpret it to mean that because they were unable to verify with me on the telephone, they have declined the application. Could there have been suspicion riased because my surname is Japanese? We speak English at home and I am white British 'born and bread' and have never even been to Japan. My husband has a Japanese father and British mother and English is his native language, although he can speak Japanese. This feels like a lot of waiting and guesswork and I'm wondering whether it's going to prove too much hassle to have a Romanian au pair. I am myself an employment lawyer but have no knowledge of immigration law.
Expert:  UK_Lawyer replied 2 years ago.

Hi,

 

If the application was submitted from the UK then an Appeal date would be forthcoming in around 3 months. If however, the application was submitted out of country then an appeal date will not be allocated until at least 6 months.

 

If the appeal was from in country then I would appeal the decision as judges are more likely to use common sense having all the evidence in front of them, as the UKBA is known to be notoriously vague with their decision. If however, the appeal is out of country and time is of the essence then I would submit a new application.

 

I do not think the application was refused simply due to your surname, it most likely they did not review the documents provided adequately and hence made an incorrect decisions.

 

The extent you would need to address the issues in your previous application would be to refute all the reasons for refusal in your covering letter as well as stating that you have submitted evidence to aid your case. I

 

It will be a case of spelling it out to them word for word, unfortunatley the UKBA do make some odd decisions and it seems you have been unfortunate with your application.

 

If you are happy with answer, kindly click ACCEPT.

 

Kind regards,

 

 

 

UK_Lawyer, Solicitor
Satisfied Customers: 2248
Experience: I am a qualified solicitor and an expert in UK law.
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