ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Mothers Visa rejected Help needed

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
sherryo
Newly Registered
Posts: 11
Joined: Fri Oct 30, 2009 12:14 pm

Mothers Visa rejected Help needed

Post by sherryo » Fri Oct 30, 2009 12:25 pm

Hi everyone,

My mothers family visit visa has been rejected by BHC Islamabad i wanted to know where shall i apply for appeal in UK or Islamabad which has better chances of success.

Thank you

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Mothers Visa rejected Help needed

Post by Wanderer » Fri Oct 30, 2009 12:27 pm

sherryo wrote:Hi everyone,

My mothers family visit visa has been rejected by BHC Islamabad i wanted to know where shall i apply for appeal in UK or Islamabad which has better chances of success.

Thank you
Why was it rejected? No point in appealing if it was a valid denial. Why not address the issues and re-apply? It's quicker.
An chéad stad eile Stáisiún Uí Chonghaile....

sherryo
Newly Registered
Posts: 11
Joined: Fri Oct 30, 2009 12:14 pm

Reason for rejection

Post by sherryo » Fri Oct 30, 2009 7:50 pm

Hi

They have stated that she doesnt have strog ties with her country.How to prove family ties i mean what documents are needed ?
They didnt ask for these when she last visited UK in 2007.

sherryo
Newly Registered
Posts: 11
Joined: Fri Oct 30, 2009 12:14 pm

Appeal or fresh application

Post by sherryo » Fri Oct 30, 2009 7:52 pm

Hi

which is better fresh application or appeal and which is quicker?
and would u know long does the appeal takes?
as they r hardly giving visas in islamabad they might reject again.

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Fri Oct 30, 2009 9:20 pm

Reapply, dont bother appealing.

You need to provide a family tree of your mums family in Pakistan. If she has any land, property,bank account etc on her name it should suffice.

You need to show what incentives she has to return to back home. If you cant show that , she will be refused, despite the facts that she may have been here before.

They are cracking down on everybody coming over from Pakistan.

ginoT
Member
Posts: 138
Joined: Sat Apr 18, 2009 10:02 am

Post by ginoT » Fri Oct 30, 2009 9:39 pm

batleykhan - I think we've already disagreed on the appealing vs re-apply debate, but I wanted to see ur thoughts on some of the arguments I've raised previously

admittedly Pakistan is one of the hardest posts to request visas from in the world (which I have no experience of) and might be an exception, but here are my main thoughts listed again:

1 - you lose nothing by requesting a reconsideration by providing extra documentation and requesting an appeal. It costs you nothing. If the response is positive you'll find out very quickly and save yourself extra fees.

2 - if you must apply again, there is still no guarantee that the re-applying actually guarantees the visa, so why appeal on visa application n.1 in case n.2 falls through as well!! You can always withdraw from the appeal if n.2 works out. No extra cost!

3 - if the ECM overturns the decision then the applicant is saved from being branded as having a visa rejected (something they have to disclose on future visa applications to any embassy of most countries)

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Fri Oct 30, 2009 11:03 pm

Gino

I agree with what you say, however the reason why I have asked this lady to reapply again rather than appeal is listed below.

This is a visitor visa and not settlement. One costs £85 whilst other cost £585.Had this being the latter then I would advise to appeal because you cant afford to keep paying such large sums over and over again.

Secondly the reason why this ladys mother was refused is one that is quite common in Pakistan.Its normally due to the applicant not providing sufficient documents,becasue the applicant has probally travelled a few before when the checks were not that stringent.

In my opinion it would work out cheaper for her to reapply and pay £85 and if she provides the correct document, there is a good chance that she will be granted visa there and then. As a Pakistani myself having extensive experience of this sort of refusal, I can say that most are usually issued second time around when the correct documents are provided.

This is why you will probally have heard that sometime the BHC in Indian sub continent are there just to make money. take it from me this is an accurate reflection of what happens in Pakistan.

Now coming to your points let me ask you how much do you think it would have cost the sponsor if she appealed against the decision. The answer is that she will not need to pay any fee for appealing, but the cost that she has to pay a solicitor to write the appeal raesons, send the forms of etc would easily run into a few hundred pounds for the initial stage. If it went to a hearing the avergae cost is £1500 if you employ a solicitor.

The chances of an ECM overturning the initial decison of the ECO are about 1 in 5.

The ECM prefers to delay the application for 6 months and let the AIT adjudicator overurn the decision.If that happens it will have cost the sponsor £1500,let alone the stress that such things cause.

Now if AIT overturned the decision, the applicant still have the initial refusal stamped in her passport and as such will have to declare the refusal even though it was later granted in any subsequent application. ( just like she had to if she reapplied and it was granted second time around.)

In my experience in this field you have to weigh the consequences, cost,worry etc in deciding whether to reapply or appeal.I am of the opinion if the intial reasons for refusal can be easily proved then its better to reapply rather than wait anything from 3 -8 months appealing.

However in settlement cases I would 9/10 times appeal rather than reapply simply because of the costs involved.

My advise to this lady is to provide the docsI have outlined in my earlier post as there is a good chance that it will be granted without the need to incur any further delay or cost.

Hope this makes sense.










`

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Reason for rejection

Post by vinny » Sat Oct 31, 2009 12:05 am

sherryo wrote:Hi

They have stated that she doesnt have strog ties with her country.How to prove family ties i mean what documents are needed ?
They didnt ask for these when she last visited UK in 2007.
Similar to visitors to the USA, see also strong ties.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sherryo
Newly Registered
Posts: 11
Joined: Fri Oct 30, 2009 12:14 pm

thank u

Post by sherryo » Sat Oct 31, 2009 10:25 am

hi

thank u for responding and guiding i really appreciate ur help.
what documents shall i submit this time?
to prove her ties to Pakistan as she already showed my fathers property.
and they have asked for evidence of family what can she show to prove?
is the bank statement of one month enough?
or it has to be maintained for 3 months ?

Thank you once again.

ginoT
Member
Posts: 138
Joined: Sat Apr 18, 2009 10:02 am

Post by ginoT » Sun Nov 01, 2009 6:15 pm

batleykhan - thanks for the reasons u've given. As u know I bit of a fighter no matter what is probably the overall best decision. Can't seem to change that part of my character.

If the applicant is unable to appeal themselves without the need for a solicitor then I agree - reapply is the way forward

sherryo
Newly Registered
Posts: 11
Joined: Fri Oct 30, 2009 12:14 pm

what dosc to send ?

Post by sherryo » Mon Nov 02, 2009 8:58 pm

Hi

what documents to send this time round?
u have mentioned family tree does it need to b officially notarized?
any idead how to go abt it?
how old shld the bank statements be?

Thank u

technical_lemon
Newbie
Posts: 37
Joined: Wed Oct 07, 2009 3:23 pm

Post by technical_lemon » Mon Nov 02, 2009 9:17 pm

thanks
Last edited by technical_lemon on Mon Nov 02, 2009 9:45 pm, edited 1 time in total.

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Mon Nov 02, 2009 9:41 pm

A family tree is a tree of your mums family. Get a piece of paper and start with your mums mother and her husband( Eg Mr and Mrs A.B).

After that come down a bit and writedown the names your mums brothers and sisters.

Come further down and write down names of the childrens of above ( your cousins) and then underneath write the names of their children ( your nephewsa nd nieces.

Obviously you need to writethe names of those in pakistan.

This is what you call a family tree. It shows to the ECO your mums family and thus the incentive to return home to these people after her a visit.

Besides the above if your mum has savings/land/property etc on her name, give proof of this.Its another incentive.

If you reapply you need to send fresh bank statements, wage slips,accomadation details as well as above. Besides this write an explanatory letter why she is coming here and why she will return back.

None of above need to be notarized

Hope that helps

sherryo
Newly Registered
Posts: 11
Joined: Fri Oct 30, 2009 12:14 pm

thank u

Post by sherryo » Tue Nov 03, 2009 12:38 pm

thank u for ur help.

Locked