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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7618
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have sponsered my husbands uncle to visit us in the UK. He

Customer Question

I have sponsered my husbands uncle to visit us in the UK. He is currently in Holland. My uncles status in Holland is quite confusing as he is an Afghan national who sought asylum in India but approximately 2 years ago, him and his family were sent to Holland.
He applied for a visitors/family visa via the ukba website and paid the relevant fees but was unable to get an appointment to hand in his documents. He contacted an agency in Holland, they took their fees. his documents and 3 weeks later returned the documents and said that he could visit the UK for 3 weeks but as my uncle boarded the train on his way to the UK, immigration officers stopped him and said he was refused entry as he was not granted a visa but could appeal the decision. After speaking with an immigration officer, my uncle was told that in order for him to visit the UK, I would have to contact the home office in london and apply on his behalf for a visitors visa.
Can you confirm if the information he was given is correct? I would also like some information as to the easiest and quickest way to get him to visit us.
thank you.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Did you uncle’s receive his visa in his passport?
2. Did this state that he had leave to enter the UK for a certain period?
Kind regards.

Customer: replied 5 years ago.
Thank you for replying to my question.
I can confirm that there was no visa on the passport. My uncle misunderstood a letter which was sent by the UKBA which stated that his application for a visa to the UK was unsuccessful.

Expert:  Thomas replied 5 years ago.

Thanks for your question.

In that case what has happened is perfectly legal and understable. If he did not receive a visa then he does not have leave to enter at the present time.

He will have to apply again for a visitor’s visa.

The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You have to try and show them that he has continuing obligations where is presently based which will continue after the visit and therefore convince them that he is not a risk of overstay. Things like a letter from his employer stating he has a job (if he does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property, bank statements showing the money you have available.

If you will assist him during this intended stay you should go to a local solicitor to draft a sponsorship declaration in which you state the terms of the visit, that he is to return at the end of it, that you shall accommodate him (if applicable) and pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds.

This should cost around £50+vat and you can find immigration solicitors via:-

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Kind regards,