Hello,
My Nan has had her visit visa to the UK refused twice now and is is so overwhelming because each application we have tried so hard to cover the points we went to a solicitor both times. However this time we were thinking to just do it without a solicitor due to them complicating it too much and the expenses adding up.
All my Nan wants is to visit her daughters even if its for a week it is so genuine but yet getting refused.
I have attached the refusal letter which was refused last year in September.
*You state you wish to visit the UK for 3 months to visit your 2 daughters and their families who are resident there. Whilst I recognise that family visits are important I must consider the information regarding your sponsor's support of your visit separately in my assessment of your application. To consider whether or not I am satisfied that your intentions are as stated and that you meet the requirements of the immigration rules I must assess your own personal and financial cirmcumstances.
*I am aware that you have previously been refused when applying to visit the UK for this purpose. Each new application is assessed on its own merits. It is your responsibility to satisfy me that your circumstances in India are such that if given leave to enter you will comply with all the conditions attached to such leave and that you will leave the UK on completion of the proposed visit.
*Full knowledge of your circumstances is an important consideration when assessing your application for a visit visa. You state on your visa application you are widowed and supported by your son who is resident in Canada. In support of your applications you have provided 2 Western Union transfer slips to demonstrate the cash payments into your account on 9 June 2016 and 11 July 2017. However, these deposits were made 1 year ago and do not demonstrate your son is continuing to provide ongoing support to you.
*In support of your application you have submitted a personal bank statement from an unidentified bank showing a closing balance of INR 3,93,099.24 (£4,736.14). This statement covers the period from 4 June 2016 to 28 June 2017. You have stated that 2 payments totalling INR 33,0000 (£397.59) are also from your son but you have not provided any documents to demonstrate this.
*I further note you have submitted 2 deposit slips from Punjab National Bank for a total of INR 136,080 (£1,639.50). These deposits were issued on 17 July 2017 and 29 August 2017. You have not demonstrated where the funds originated from to purchase these deposits and furthermore, the bank statement you provided only shows transactions up to 28 June 2017. Therefore, I am not satisfied you have sufficient funds available to you in your account to cover all reasonable costs related to your trip.
*To further support your application you have provided a sponsorship declaration from your son, a copy of his Canadian passport and a copy of 2016 Canadian tax return. These documents alone do not demonstrate he has the funds to support you or that he is continuing to support you as both state.
*Whilst you have provided a translated document to demonstrate you own a share of land in Hoshiarpur, this is not sufficient to satisfy me that you have demonstrated sufficient ties to India. Furthermore, in your supporting letter you state your daughters heavily depend on you for emotional and motherly support and you depend on them in the same way at this stage in your life.
*Finally you have addressed the missing documentation for your daughter S Kaur however, in the documents you have submitted a translation of a Ration Card dated 7 September 2005. I note from this document it provides details of family members listing yourself, your son your daughter G kaur and granddaughter. There is no mention of your daughter S Kaur and the documents you provided do not explain this discrepancy. I am therefore not satisfied you have a genuine relationship with one of your UK sponsors as stated.
*On the basis of the documents provided you appear to have no dependant relatives and little in the way of personal income or assets in your own country. In light of all of the above I consider that you have failed to show sufficiently strong family ties, social or economic ties to satisfy me, on the balance of probabilities, that you intend to leave the UK on completion of a short visit.
*In considering all the above I am not satisfied that you have established that the strength of your ties, through stability of employment and finances, is such that it represents a strong reason for you to leave the UK after the limited period as stated by you. This leads me to doubt your intentions in applying to go to the UK.
*Each of the factors listed above have not been taken in isolation but considered collectively. From the information on your visa application form and the documents you have submitted. I am not satisfied that your circumstances are as stated. I am further not satisfied that your personal and financial circumstances demonstrate that you are genuinely seeking entry to the UK as a visitor and that you intend to leave the UK at the end of your visit. You application is therefore refused under paragraph V4.2 (a) & (c).
*Along with your visa application you have raised Article 8. I have considered the information and documents submitted with your application in accordance with current guidance on assessing visa applications. I am satisfied that the circumstances presented in your application are not capable of engaging human rights and therefore a human rights claim has not been made. I have reached this conclusion because you have provided no supporting reasons or further evidence to corroborate the statement that this refusal is a breach or your human rights, or your family's. An assertion, without an indicator of how your rights are affected, does not amount to a human rights claim. You have not raised any exceptional circumstances which warrant a grant of entry clearance outside he immigration rules, Article 8 is not engaged when an applicant wishes to visit an adult child or grandchildren and you have not provided any evidence of why the relationship that you have with your family cannot continue in the same manner as at the current time. Consequently, this decision to refuse your visa application is not a refusal of a human rights clam and there is no right of appeal against this refusal.
Future applications
Any Future UK visa applications you make will be considered on the individual merits, however you are likely to be refused unless the circumstances of your application chane.
In relation to this decision there is no right of appeal or right to administrative review.
From reading this it I would highly appreciate if someone could answer some of the questions I have in mind after reading the refusal.
Firstly, would you think it would be ideal if the second daughter who is my mum and my Aunty were to start account transfers and send my Nan money for financial support. As recently my Uncle due to his own personal things hasn't unfortunately been able to send her money, nevertheless she has her daughters who are willing to do so.
Also she has an elder daughter who lives in India and I am struggling on how to tackle the point of them not being satisfied for leaving the UK since she has her land in India as well as her property and her elder daughter. Also recently she has had a great grandson who she babysits quite a lot and she herself is an independent women who depends financially on her children. Would this be worth mentioning in the next application? Due to them not being satisfied with ties in India.
Also we don't understand why they think she doesn't have a genuine relationship with one of her daughters, this is quite sensitive matter as she does and them saying that is a little offensive to her and she doesn't understand why and what she can do to prove she does. As my Nan will be staying at my Aunt's house and they did a joint sponsorship to clarify the point from the first refusal of them not thinking she has a genuine relationship with second daughter. This just isn't the case because both daughters love her equally and there is no problem at all. Therefore, would you say to apply as a sponsorship next or not too?
Any advice given will be extremely appreciated and if anyone can let us know what we are doing wrong and maybe provide a template or explanation on how to tackle this points so next time she does get approved we are hoping she is here for Christmas this year.
Kind Regards,
Gkaur
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