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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have applied a visit visa recently for my wife and daughter

Resolved Question:

I have applied a visit visa recently for my wife and daughter and they were granted. At the time of the application we did not have in mind to take with us our other three children 19, 15 and 10. So in the mother's application she did not mention that they are travelling with her. With after thaught we decided that they travel with us and applied for the three children the visa. The officer refused the visa for them "refusal of entry clearance" form GV51 (LRA) Rev 1-11.

The Decision was based on:
quote "I note that you have never previously travelled to the UK or any country with similar immigration requirements. You propose to spend 20 days in the UK accompanied by yo0ur parents. However, I note that you mother, who has been issued a visit visa, stated on her application that you would not be travelling with her and her husband to the UK. I am therefore not satisfied that suitable arrangments are in place for your travel to, reception and care in the UK. 46A(iv). I have therefore refused your application because I am not satisfied, on the balance of probabilities that you meet all the requirements of the relevant Paragraph of the United Kingdom Immigration Rules. Your right of appeal is limited to the ground referred to in section 84 (1) (c) of the Nationality, Immigration and Asylum Act 2002 (www.legislation.gov.uk)."unquote.

Taking into consideration that I am a British Citizen and they are holding Somali Citizenship, is there I chance to appeal on the ground that there going is an after thought?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Was there some subsequent reason why you change your mind about the children travelling?

How did you become a UK citizen?

Tom
Customer: replied 1 year ago.
The reason of changing my mind about the children travelling was that they felt being left alone and as I had enough funds I and my wife decided to take them with us.

I became a British citizen based on my British birth certificate as I was born in The previous British Colony of Aden that became Yemen later. I was first granted overseas citizenship in 2002 and then I applied for the British Citizenship and was granted the BC in 2011.
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your reply/patience.

I would check the refusal letter to see if you even have a right of appeal. I suspect that you have probably not been given one because this is a visitor's visa application.

Even if you had been given on I would still probably suggest (if time is an issue) that you should submit fresh applications for all of them with your wife stating that your children are travelling with her. Appeals out of the UK can take a very, very long time and so provided you are otherwise eligible it would be much quicker to submit new applications and have them determined/approved by the UKBA.

The UKBA have quite legitimately rejected the applications of your children because of the omission in their mother's application. The applications should correspond and substantiate each other when read as a whole and clearly the fact that your wife indicated that the children would travel has created an inconsistency about the children's application.

Where such inconsistency is apparent the UKBA are under a duty to reject applications since it is more likely than in normal circumstances that a breach of the immigration rules would occur.

I would submit fresh applications at the same time with covering letters explaining the oversight/mistake which resulted in the first application being incomplete and appearing to place your children's applications in a doubtful light. You will probably be successful if you do this

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Kind regards,


Tom
Customer: replied 1 year ago.
Hi Thomas,
My wife has already given the visa; so I dont see a point of reapplying the visa and paying money again. Is there any other option?
Expert:  Thomas replied 1 year ago.
Hi,

The difficulty is that the problem is with the wife's non-disclosure on her form and how that has subsequently affected the children's application. It is therefore an element of her application that needs to be rectified rather than an inherent problem with the children's application.

If there is no right of appeal (as I suspect there is not) then the only option is for the children to apply again but with either a further application by the mother OR with perhaps a sworn statement from her advising of her oversight on the application form she submitted. I woudl think an application by her to be the better way forward but it may be that a sworn statement also helps.

Please rate my answer.

Kind regards,


Tom
Customer: replied 1 year ago.
Hi Thomas,
If we go for the sworn statment, shall we just submit the statement to the consulate email or resubmit the visa application for the children?
Expert:  Thomas replied 1 year ago.
Hi,

My view is that the applications should be resubmitted. The UKBA are there to determine application in accordance with the immigration rules, they are not there to assist you after it has been determined to "get it right".


Therefore, applications would be the way forward.

Please rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
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