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Family visa refused due to overstaying and lying

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Kiddo19
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Family visa refused due to overstaying and lying

Post by Kiddo19 » Tue Jul 05, 2016 3:56 am

Hi my sister (63 years old) and her husband (65 years old, got dementia for a few years) came to UK together in 2010. They separated while in UK. So my sister overstayed for 4 years and went back to her country in 2014. Sister's husband did not over stay. They were not divorced but been separated for years and barely spoke to each other.

This year they both applied for family visas to visit me (husband wanted to come for his personal reason but he had no family here, so he spoke to my sister to apply together). They found an agent to apply for them, my sister didn't tell the truth. 3 weeks after applications submitted the embassy phoned the husband a couple of times to ask questions about my sister. They asked him when she left UK, has she overstayed etc. The husband didn't know my sister's overstaying and years. So he just said a date before her visa's expire date.

They both got refused. They found out that my sister overstayed and decepted the fact. Her husband was refused on the ground of dishonest.

Now he wanted to appeal or reapply a new application based on his age that he could not remember the dates of my sister's return, plus he's got dementia so couldn't remember things. Does he have a chance? Can my sister come back after 10 years ban? Many thanks, K

Kiddo19
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Re: Family visa refused due to overstaying and lying

Post by Kiddo19 » Tue Jul 05, 2016 9:29 am

Opinions and advice please?

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Casa
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Re: Family visa refused due to overstaying and lying

Post by Casa » Tue Jul 05, 2016 9:33 am

There is no appeal for a refused visitor visa application. Re-applying isn't likely to achieve a positive outcome.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Kiddo19
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Re: Family visa refused due to overstaying and lying

Post by Kiddo19 » Tue Jul 05, 2016 11:26 am

Casa wrote:There is no appeal for a refused visitor visa application. Re-applying isn't likely to achieve a positive outcome.
Thanks for the first answer!!
The husband felt that he was tricked by the Embassy. He did not overstay, he got refused because he was asked questions about his separated partner. He did not have intension to lie for her.

Now he asked me to help him ,I'm not sure if just his explanation would be sufficient ,anything else I need to add ? Many thanks

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Casa
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Re: Family visa refused due to overstaying and lying

Post by Casa » Tue Jul 05, 2016 11:33 am

Your only hope may be to reapply submitting medical evidence of his dementia and inability to understand the questions he was asked.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Kiddo19
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Re: Family visa refused due to overstaying and lying

Post by Kiddo19 » Tue Jul 05, 2016 2:59 pm

Casa wrote:Your only hope may be to reapply submitting medical evidence of his dementia and inability to understand the questions he was asked.
Thanks, that's a great shout!

He can get the medical evidence and medical records.

A new worry: will his dementia make him not able to apply for a visa ?

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CR001
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Re: Family visa refused due to overstaying and lying

Post by CR001 » Tue Jul 05, 2016 5:23 pm

Kiddo19 wrote:[A new worry: will his dementia make him not able to apply for a visa ?
That would be discrimination.
Char (CR001 not Casa)
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