tips for appealing IAFT-2 for refusal of entry for relatives

[fogim]

My spouse’s elderly parents recently applied in China to settle in the UK using the Indefinite Leave for Dependent Relative form VAF4A. We have now received a ‘Refusal of Entry Clearance’ letter from UK Border Agency which states that although satisfied that we can adequately accommodate the parents, they have been judged to be not wholly or mainly financially dependent on us. This decision was made due to the following reasons

• They stated that they don’t receive any financial support from anyone (section 8.5.4 - this was an oversight when filling in the form – we have evidence of bank transfers from us into their bank account that were not included)
• They receive £230 per month pension and have savings cash (Part 6 - don’t know how to appeal this – the pension is indeed paid to them)
• It was stated on the form that we give no support from our monthly income to family members or other dependents (section 8.7.14 – again perhaps we did not answer/understand this correctly. There are financial transfers from us to the parents’ bank account but not to any other relatives or dependents)
• The parents have brothers and sisters in China, therefore the immigration officer suggested they could provide financial support. This is not the case but we did not provide evidence for this.

The immigration officer was satisfied that we have the means to support the parents should they move to the UK.

The relatives are going to appeal this decision from outside the UK and we can provide some further evidence to counter some of the immigration officer’s claims, for instance

• We can provide letters from the parents’ siblings to confirm that they will not provide them with any financial support.
• We can provide evidence of bank transfers from UK to China detailing amounts deposited into the parents’ bank account.

In addition, the fact that the house that the parents live in is owned by their daughter was mentioned on the form, but the immigration officer does not seem to have taken this into account in their decision.

What I really need now is some tips on how to write the ‘grounds of your appeal’ section of Form IAFT-2. Is there any way to show that the pension is not enough to live on? Should we appeal that the fact that the parents’ flat belongs to us was not considered? Are letters from the siblings sufficient to show that there are no close relatives in China to provide support?

If there is a thread on this, please let me know – I have searched using some obvious terms but didn’t locate anything.

I would be grateful for any help you can provide
fogim

[batleykhan]

Can you write the exact reasons for refusal as per the refusal notice. The above comments are confusing

[fogim]

Thanks for your reply. The reasons are summarised in the first four bullet points above, but a more precise summary of these reasons is as follows:
- You stated in section 8.5.4 of your application form that you do not receive any financial support from anyone
- You stated in section 8.7.14 that none of your sponsor's total monthly income is given to other family members and other dependants
- You stated in part 6 that you are retired and receive a pension, and that you and your partner have savings; you provided evidence of your personal funds including a deposit held in your name of £10,000
- You stated that you have two brothers and two sisters who live in China

[batleykhan]

Thanks for your reply. The reasons are summarised in the first four bullet points above, but a more precise summary of these reasons is as follows:
- You stated in section 8.5.4 of your application form that you do not receive any financial support from anyone
- You stated in section 8.7.14 that none of your sponsor's total monthly income is given to other family members and other dependants
- You stated in part 6 that you are retired and receive a pension, and that you and your partner have savings; you provided evidence of your personal funds including a deposit held in your name of £10,000
- You stated that you have two brothers and two sisters who live in China

On the basis of the above, you will be very lucky to get this decision overturned on appeal.Trying to get one of these visa for elderly parents is the most difficult visa to get. Your parents would need to be 100% reliant on you, with no one to care for them and living in the most exceptional of circumstances. Judging from the above comments of ECO it seems that they are no where near qualifying for this. You are partly to blame for the errors and not making it clear the exact circumstances of your parents plight in the first place. You can try appealing if you want, but you will need to seek advice from a solicitor because this is something that you can not do yourself.

[batleykhan]

The immigration officer was satisfied that we have the means to support the parents should they move to the UK.

This is irrelevant as your parents are not living in exceptional circumstances in the first place

The relatives are going to appeal this decision from outside the UK and we can provide some further evidence to counter some of the immigration officer’s claims, for instance

• We can provide letters from the parents’ siblings to confirm that they will not provide them with any financial support.
• We can provide evidence of bank transfers from UK to China detailing amounts deposited into the parents’ bank account.

A bit to late to do that now

In addition, the fact that the house that the parents live in is owned by their daughter was mentioned on the form, but the immigration officer does not seem to have taken this into account in their decision.

Again this is irrelevant, it is a place that they can live in.If you now say they cant live in your property, you will be deem to exaggerate their circumstances


What I really need now is some tips on how to write the ‘grounds of your appeal’ section of Form IAFT-2.

Is there any way to show that the pension is not enough to live on? Should we appeal that the fact that the parents’ flat belongs to us was not considered? Are letters from the siblings sufficient to show that there are no close relatives in China to provide support?

Again sorry its to late to do that now

[fogim]

Dear batleykhan

I'm slightly puzzled by your reply. Since the original application did not ask for evidence that the parents' siblings would not support them, why can't this be included in the appeal package. Likewise for the financial support. I confirmed with the tribunal helpline that new documentation can be provided as evidence if we do not believe the decision of the immigration officer's opinion is correct.

In any case, the immigration officer is merely acting on their interpretation of the evidence available to them, and if we can provide clearer evidence to prove our case then surely the decision can be overturned?

[shahzad80]

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[shahzad80]

Read this thread for more information.

http://www.immigrationboards.com/viewtopic.php?t=42420