urgent help needed parent visit visa

[atifali27]

hi

i applied for parents visit because wife is pregnant and next month is the date of c section operation, i have no family member here in the UK, i applied on the basis i need my parents to took care children while i was busy in hospital with wife and new born baby. application was refused on the basis that this is subject to employment taking care of grand children and employment is prohibited on visit visa.
The decision is as follows

i have refused your application for visit visa because purpose of visit to provide childcare for your sons children she is expecting a third child during your proposed visit. however it would appear that this amount to employment. which is prohibited for visitors. i am therefore not satisfied that you are a genuine visitor. your application has been refused under paragraph V4.2(d) and v4.5(a) of the immigration rules.

please advise how i can address the issue do i have to reapply.

[Zerubbabel]

Hello

This is totally disgusting from the Home Office. So if my mother is visiting and I got out for an hour and leave my baby under her care, it means she is working illegally in the UK!!!

[Frontier Mole]

If the stated prime purpose of a visit is to provide child care there is a very high probability that this will result in a refusal. The refusal reason is less common than it was but is obviously still in use.

How this refusal can be overcome - very difficult. Reapplying will not likely change the decision, regardless of what is stated for the reason for the visit, they will default to the original reason on the refusal. It is a no win situation.

There is a slightly better possibility if say just your mother intended to visit only. No guarantees though.

[secret.simon]

It is all how you dress up the application.

Taking care of a newborn child and/or a mother is a job/work, but I'd imagine that "bonding with"/spending time with one's grandchildren is a valid reason for a visit.

The crucial thing is that it is a visit. It is meant to be unconstructed and not for business/work. Taking care of grandchildren can be both work and pleasure and the applicant should emphasise the latter.

As for reapplying, keep in mind that they have your original application and the original refusal on record. So even if you dressed up the application as above, they'd still see it as effectively an unpaid work visa and reject it. Generally, visit visa rejections are hard to overturn.

Probably, in this case, it may be worth getting the other set of grandparents to apply and visit.

[THO]

I have seen this very same reason for refusal 3 times in a short time on this board. Each time the applicants think that taking care of a baby does not count as work, but the visa is for no work, paid or unpaid. It is really stupid that this in there, grandmas love to look after their grandchild, but the last two times I saw this happen, the applicants were unable to get the visa by re-application.

My advice would be to go for a PAP, and get the HO to explain where the line between unpaid work (40 hours per week while the parents are out at work, so you are taking a baby sitters job) and holding a baby while the parents maybe pop to the shops for 5 mins is. You can say that your definition of unpaid work is the former and that what you are talking about in your application is what every grandmother has a right to do, bond with her grandchild.

I would do this because you have nothing to lose, and a new application will likely fail and just waste money. Take a firm but polite approach. You can do it yourself, and do a covering letter, explaining that if they can't answer your question with an exact answer, then you will take them to court as it is unfair to set a rule that has no boundaries and so can't be followed.

When my wife and I have a child, I will make sure the reason for her mother to come visit, is to see her daughter, visit her house, see the baby and sightseeing. I will make no mention of taking care of the baby.

THO.

[Frontier Mole]

PAP will not get you the outcome you desire in this instance. The onus is on the applicant to give a reason in law why the decision was wrong. It is not for the Home Office to reconsider a secondary representation. If the stated primary reason was to provide childcare then that can not be re-written.

The PAP response will be to uphold the decision and that will be the end of the matter. Threatening to take the case to court is an empty threat and it will not get to court because the court will not give permission for a hearing.

[vinny]

10.

The judge found that there was insufficient evidence before her to establish that she cares for her grandchildren on a regular basis. Such care may be classed as work and the appellant, by terms of her current leave to remain in this country, is prohibited from work. While she may not receive payment for caring for the children, she is remunerated by being provided with accommodation free of charge and being maintained by her daughter free of charge. The letter from Emmanuel Kondonu indicated that he is available to provide care for the children in her absence and that childcare is available to the eldest child, at least, during the day. The appellant has family ties to Ghana where her husband and other family members reside. She arrived in this country on 26 December 2011 and therefore has not been in this country for any substantial length of time. She has spent 54 years in Ghana prior to this. The two children were born prior to her arrival and there is no indication her daughter was unable to manage these children prior to her mother’s arrival.

[sentu1905]

hi

i applied for parents visit because wife is pregnant and next month is the date of c section operation, i have no family member here in the UK, i applied on the basis i need my parents to took care children while i was busy in hospital with wife and new born baby. application was refused on the basis that this is subject to employment taking care of grand children and employment is prohibited on visit visa.
The decision is as follows

i have refused your application for visit visa because purpose of visit to provide childcare for your sons children she is expecting a third child during your proposed visit. however it would appear that this amount to employment. which is prohibited for visitors. i am therefore not satisfied that you are a genuine visitor. your application has been refused under paragraph V4.2(d) and v4.5(a) of the immigration rules.

please advise how i can address the issue do i have to reapply.

________________________________________
This is what happened to my mum’s visit visa. home office refused it because they think she will provide childcare. Anyone here who was able to reapply? Please help!