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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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I have my stepson been refused a family visit visa,his sponcor

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I have my stepson been refused a family visit visa,his sponcor was my wife(his mother)we both are British citizen.
my stepson is studying medicine in Ukraine he still have 2 years to finish his course.He is a Jordanian citizen on ukrainian student visa,

here is the refusal letter,


Refusal of entry clearance

I must take into accountyour personal and economic circumstances when coming to my decision.It is your responsiblity to satisfy me that your personal circumstances are such that if granted leave to enter,you will comply with all of the conditions attached to any such leave and that you will leave the UK on completion of proposed visit.

you state that you are a student in Ukraine and have provided a letter from the university and a student identity card in support of this. Aside from these two documents you have not provided any further documentation to demostrate what your personal circumstances are here in Ukraine,you state that your mother now a British citizen,and living in the UKwill bear all the cost of your trip.you state that your brother also lives in the UK and i note that common name but there is no evidence accompanying this application to demonstate that you are related as you claim. you state you last saw your sponsor in Jordan last year but again this not supported by any evidence.

you have provided no evidence of contact either regular or irregular with your sponsor and in light of that absence of evidence i am not satisfied that you demonstrated a relationship with your sponsor commensurate with sponsorship. I consider it reasonable to assume that a person genuinely seeking to travel overseas to be hosted by and visit a family member would be readily able to show evidence that relationship was of a high degree of closeness to warrant the allocation of resources associated with a visit with this type. in the absence of evidence, I am not satisfied that your real for travel is as stated.

you are single,with limited previous travel and have provided very limited evidence to demostrate your personal circumstances. having considered the application as a whole, I am not satisfied that you have, on the balanceof probibalities demonstrated,sufficiently strong family,social or economic ties to Ukraine to satisfy me that you intend to leave the UK on completion of your visit,I am not satisfied that you are genuinely seeking entry as a visitor for limited period and that you intend to leave the UK thereafter. you do not therefore meet the requirment of paragraph 41(i) and (ii) of the immigration rules.

I have refused your application because I am not satisfied, on the balance of probabilites, that you meet the requirements of the above paragraph(s)of the immigration rules.

He has the right to appeal in court in the UK,we can show the judge evidence that my wife his mother which is (birth certificate)and photos of us as there is a warm relationship between us,and a letter from his university in Ukraine that he is a genuing student,( this is an evidence that he will leave the UK as he spent 4 years already in his medicne course,so no one would just leave his course to go to another country and do not come back to complete the course and get the certificate)

Do you think we can manage infront of the judge myself with out a barrister or lawyer?
If his appeal will be dismissed,does it affect any future visa application or immigration appeal?
we Shall we write in the appeal form in ground of appeal?

What do you advise?

Thank you very much
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question.

It seems like your are missing essential documentation regarding the application. You are missing vital financial information for yourself as well as circumstances for your. It seems you also failed to proved if you are related by submitting some form of birth certificate etc.

I would suggest that you instruct a barrister for this appeal as you seem to have vast gaps in your application which need to be explained and also show in the form of documentary evidence.

If your appeal is dismissed it wont effect further applications as long as you make sure that you submit all the required evidence for the new application.

In the appeal grounds you need to mention why you are appealing the decision and what documentary evidence you will be able to provide at the Hearing to refute the decision of the Entry Clearance officer.

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

Kind regards,
Customer: replied 2 years ago.
from your experience,do you suggest to make a fresh application with a help and advice from an immigration lawyer,submitting all the evidence and documents OR appeal against the entry clearance officer's decision ?

Thank you
Expert:  UK_Lawyer replied 2 years ago.
Hi.

You should Appeal the decision if time is not of the essence, as it will take at least 6 months to obtain a Hearing date. You should proceed with the help of a solicitor otherwise, I do not think it is worth spending the money again and not doing justice to the case.

If time is not of the essence then I would submit a fresh application and ensuring that you have met the requirement of the immigration rules. Ensure that you submit all the required documentary evidence with you did not supply previously.

I hope I have answered your question. If so, kindly.click ACCEPT. If you do not then I do not get paid for my time.

Kind regards,
UK_Lawyer, Solicitor
Satisfied Customers: 2215
Experience: I am a qualified solicitor and an expert in UK law.
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