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UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My wife applied for a family visitors visa and it was refused.

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My wife applied for a family visitors visa and it was refused. What follows is what the clearance officer wrote verbatum:
You state that it is your intention to visit your sister-in-law Chrsitine Stripling for a period of 4 or 5 weeks in the UK. You state that you will be travelling with your husband Paul XXXXX XXXXXn for the duration of the visit. I note that this is your first trip to the UK since your marraige in China on 22/04/2004 and that your husbands' visa for China expires on 10/06/2013. These factors coupled with your own statement that your husband is "nearing retirement" indicates an intention other than a short visit to the UK. I am therefore not satisfied that you are genuinely seeking entry to the United Kingdom as a visitor for a limited period or that you intend to leave the UK at the end of the period stated by you. With refernce to paragraph 41 (i) and (ii) of the Immigration Rules.
You state on your visa application from that whilst you are in the UK you intend on a marriage ceremony. You were contacted by this office on 29/04/2013 where both you and your husband confiremd this statement. In light of this information I am satisfied taht you intend to marry in the UK and therefore do not meet the requirements of paragraph 41 (x) of the Immigration Rules.
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirments of the above paragraph(s) of the Immigration Rules.

Personally I feel that the clearance officer is using speculation and conjecture to come to his/her conclusions. More than sufficient evidence was supplied to show intenet to return, such as proof of my wife long career as a government school teacher and the fact that we own a very large and valuable property here in China, plus we have more than sufficient saving. After all we both work here as teachers, and if we were to remain in the UK we would soon die of starvation as we would have no means of income and nowhere to live.

Your opinions please sir?
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

In this situation you have 3 options.

1. You write a letter of reconsideration to the immigration officer who refused your visa refuting the statements made by them and stating the reasons why you think the incorrect decision was made on your application.

You may wish to include evidence such as your intention to remain in China after the expiration of your visa or submit evidence of your intention to submit an application for extension of your Chinese visa. In either case I would recommend that you challenge the decision to restore your credibility, because it can effect your further applications to the uk.

This is a free service and usually takes between 2 - 3 months for the immigration officer to reconsider.

2. You appeal the decision, however this can take up to 6 months for you to obtain a Hearing date and if successful another 6 months for your visa to be issued. In your situation this would not be the best option due to the length of the it may take.

3. You submit an application again for another visit visa.

I would suggest that you reconsideration your decision and apply for reconsideration. Within this time you can apply for your Chinese visa to be extended and if the immigration officer accepts to reconsider their decision and grant you permission to remain then good. If they do not at least you refused to accept that the immigration officer was correct and your credibility will be upheld.

You can the apply for a new visitors visa with your extended Chinese visa.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
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