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Visit Visa Appeal for my sister

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

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fabio11
Newbie
Posts: 47
Joined: Sun Jan 24, 2010 10:44 pm

Visit Visa Appeal for my sister

Post by fabio11 » Mon Jul 12, 2010 11:19 am

Hi
My sisiter and her two young childrens applied for a visit visa to visit me in London during summer school holidays.
Their application was refused due to
1-Eveidence of financial resources not provided
2--Proof that her husband is still in home country not provided.

I am applying for appeal and have decided to drop childrens visa appeal as it will further strengthen my sister's intent to return after visit

Can some senior member suggest something more solid to strengthen the appeal and also do I need to send all documents I initially attteched with the visa application again to appeal tribunals

Does hiring some professional lawyer will help with appeal?

Many thanks in advance

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

Post by batleykhan » Mon Jul 12, 2010 12:31 pm

One thing you may want to consider is whether it would be better reapplying again rather than appealing.

Appeal is a lengthy procedure and if you have to pay a solicitor to prepare your file etc, then itcan prove to be very expensive to ( unless you do everything yourself.)

Remember the ECO is more interested in teh intention and circumstances of the applicant than your ability to support them during their visit here. Most refusals for visitors are as a result of the ECO not being staified the applicant will return home.

The sponsor therefore needs to put more emphasis on the incentives that the appellant will return to back home.

Job, Family, land etc are good incetives to return back home. Good and valid reasons for coming to the UK do help as well.

Hope this helps

fabio11
Newbie
Posts: 47
Joined: Sun Jan 24, 2010 10:44 pm

Post by fabio11 » Mon Jul 12, 2010 1:11 pm

Thanks for your reply.
Appeal is free whereas re-applying will cost around £90.
I have been told it takes same amount of time for appeal as for re-applying.
In appeal there is an option of oral hearing mean I can present my case there.
Re-applying may or may not have desired outcome whereas in appeal things cannot get any worse.

Please let me know if I may have missed any point or I am under some delusions (possibly)

Thanks in advance.
batleykhan wrote:One thing you may want to consider is whether it would be better reapplying again rather than appealing.

Appeal is a lengthy procedure and if you have to pay a solicitor to prepare your file etc, then itcan prove to be very expensive to ( unless you do everything yourself.)

Remember the ECO is more interested in teh intention and circumstances of the applicant than your ability to support them during their visit here. Most refusals for visitors are as a result of the ECO not being staified the applicant will return home.

The sponsor therefore needs to put more emphasis on the incentives that the appellant will return to back home.

Job, Family, land etc are good incetives to return back home. Good and valid reasons for coming to the UK do help as well.

Hope this helps

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

Post by batleykhan » Mon Jul 12, 2010 4:49 pm

fabio11 wrote:Thanks for your reply.
Appeal is free whereas re-applying will cost around £90.

It will not be if you get a solicitor to represent you. Minuimum £500 unless you are quite confident with doing things yourself ( writting appeal notice and then doing all the reprsentaion at hearing..... not an easy job that anybody can just do)

I have been told it takes same amount of time for appeal as for re-applying.

If you make a new application will probally take max 2 months for you to get answer. If you appeal minimum is 6 months wait for an hearing and if you are lucky and win your case then its taking on average 4- 5 months to get visa stamped in passport ( Total nearly 10 -11 months_)

In appeal there is an option of oral hearing mean I can present my case there.

Yes you can do represntation yourself. Unless you are familiar with rules and legislation as well as procedures then do it. If not you can make matters worse and loose a straight forward case whereas if you had a solicitor, he would have walked through it within afew minutes and got you visa..... unfortunately its going to cost you.

Re-applying may or may not have desired outcome whereas in appeal things cannot get any worse.

Yes they can because by loosing at an appeal means the chances of getting a visa for the same person are going to be even harder

Please let me know if I may have missed any point or I am under some delusions (possibly)

You have missed some points which you should take into consideration. However whether you are deluded or not, I am afraid only you know the answer

Thanks in advance.
batleykhan wrote:One thing you may want to consider is whether it would be better reapplying again rather than appealing.

Appeal is a lengthy procedure and if you have to pay a solicitor to prepare your file etc, then itcan prove to be very expensive to ( unless you do everything yourself.)

Remember the ECO is more interested in teh intention and circumstances of the applicant than your ability to support them during their visit here. Most refusals for visitors are as a result of the ECO not being staified the applicant will return home.

The sponsor therefore needs to put more emphasis on the incentives that the appellant will return to back home.

Job, Family, land etc are good incetives to return back home. Good and valid reasons for coming to the UK do help as well.

Hope this helps

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