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My husband and I are both british citizens. I am currently pregnant and due to give birth early September. We applied for my mum to come to visit us on a 6 month standard visitor visa from Pakistan (she would have stayed with us for 2 months only) but the application got refused. She has visited us once before in 2012 for the birth of our first child and everything went well back then. The reasons for refusal were: 1 2

To note: My husband and I did attach our joint savings account statements which showed a closing balance in excess of £7000 so they must have overlooked it! We both work full time and have about £1200 left over every month after all our expenses have been paid so funding this visit should not be an issue. *The overlooked statement was returned with the other documents so we know that they did get it.

For the second point- my parents were not aware of this thing called "funds parking" and neither was I. For the new application I thought I would just ask my dad to attach the statement of the account he transferred the money from to the US Dollar account and that would be that but on speaking to him I found out that the money was transferred to his account by my sister who was in the US for 2 years for a Masters scholarship and has returned to Pakistan recently in May. Whilst there she was receiving a stipend of $1500 per month and she managed to save this money and before her return she transferred it to my parents' account. She is completely happy for my mum to use this money for travelling to UK.

For re-applying, my question is:

Should I not mention anything about that account in new application and just attach my father's savings certificates (from which he gets interest every month in cash which he then deposits into his current account) or should I explain the origin of funds in the account i.e. my sister saved this money whilst on scholarship and sent it to my parents and attach a statement from my sister saying she is happy for my mum to use these funds for travelling to UK? I feel like this would make things too complicated but not sure if omitting mention of it completely would work either!

Also, the other savings my parents have were not mentioned in previous application as we didn't think it would be needed as my husband and I are funding the visit - would this be a problem now? Would the fact that the monthly interest my father gets is in cash also impact the application?

Many thanks for your advice and help! I just want my mum here for the birth but don't want to apply again if it will be refused as I don't want her passport to have 2 refusals (one is bad enough!)

M

  • @Greatone- no, I didn't say I was unemployed as I work full time and attached payslips and bank statements for the last 6 months. What are you saying they lied about? – LondonMum Aug 10 '17 at 22:39
  • @GayotFow Yes, the application was submitted through VFS in Pakistan. and the missing statement was returned with the other evidence. I have updated post to include this. – LondonMum Aug 10 '17 at 22:51
  • @LondonMum sorry, my bad. In any case they normally don't return supporting evidence. Must have changed their policy recently. – greatone Aug 11 '17 at 0:41
3

The grounds for this refusal exceeds our normal canonical at UK visa refusal on V 4.2 a + c (and sometimes 'e')

That answer is relevant for what happened to your parents and the material there should not be duplicated here. So this answer deals with where they got YOU, the sponsor. They provide the rationale in the second dot point. In the larger view of things it is simply icing on the cake.

Had your statements been in perfect order and had they conceded that you have the capacity for sponsorship, the more serious grounds (specifically Paragraphs V 4.2 (a) + (c) + (e)) would have carried the refusal anyway.

V 4.3 (c)

This rule covers sponsorship for cases where applicants are in reduced circumstances or have some other economic disadvantage...

V 4.3 A visitor’s travel, maintenance and accommodation may be provided by a third party where the decision maker is satisfied that they: (c) can and will provide support to the visitor for the intended duration of their stay.

The key words in this rule are 'can' and 'will'.

By 'can' they mean that the sponsor has to demonstrate their capacity for sponsorship by submitting all of the evidence that an applicant without sponsorship would submit. This includes bank statements, salary slips, employment contracts, and anything else related to financial readiness. PLUS proof that there is sufficient accommodation without violating the Housing Act PLUS if the housing is rented or provided by the council then evidence that the sponsor has permission to take in visitors. PLUS evidence of care if there are children or elderly involved. By 'will' they mean that you will collect them from the airport PLUS drop them off at the airport (and yes, we have refusals on those grounds in the archives here) PLUS provide all of the requisite maintenance and accommodation PLUS an attestation that you will be in the UK for the entire course of their visit.

Despite that most sponsors do not include all that stuff, the ECO has the option, but not the obligation to enforce any or all of those rules. That's what Paragraph V 4.3 (c) is telling you. And even if a sponsor is wealthy, a qualified solicitor will insist on covering all the bases.

It's worth remembering that they can absolutely nail a sponsor for funds parking just like they can for an applicant. And sadly, it's a credibility hit that's shared equally by both applicant and sponsor (even though it's not the applicant's fault).

Discussion

Now for your specific questions...

and attach a statement from my sister saying she is happy for my mum to use these funds for travelling to UK?

No. Bad idea. That means your sister becomes a co-sponsor and needs to establish her capacity for sponsorship just like you. See above for Paragraph V 4.3 (c).

Also, the other savings my parents have were not mentioned in previous application as we didn't think it would be needed as my husband and I are funding the visit - would this be a problem now?

Each time an application is made, it should start from square 1. Assumptions about what happened the last time or assumptions that the applicant has already established bona fides can lead to disaster. If there is evidence that is helpful and relevant, it should be included; whether or not it was included the last time doesn't matter.

My husband and I did attach our joint savings account statements which showed a closing balance in excess of £7000 so they must have overlooked it!

It's known by everyone involved that VFS personnel in South Asia will remove evidence from applications some of the time. People are working on getting this fixed and have been doing that for quite some time. In the interim there's not much to be done unless you are represented. It's just part of WHAT IS for South Asian applicants.

Fortunately I don't think this was the case for you. I think they looked at it and determined that it is a savings account therefore not liquid therefore you do not intend to draw upon it therefore it doesn't qualify as sponsorship evidence therefore it is ignored. We don't know exactly what went through their minds but this is a conclusion they are entitled to make. So your claim that they overlooked it is probably specious.


Since there's a serious refusal on the books (V 4.2) and a complex sponsorship situation your next steps would be to get a so-called 'doc check'; that's where a member of the Law Society examines your evidence and points out gaps and how to fill them. It's not full on representation and the service level for a 'doc check' is substantially reduced, but your concerns are focused on what evidence to provide and how to best present it. Note that there is no legal aid for these things and so you'll need to pay.

The example I give for a 'doc check' is Colin Yeo. He charges somewhere in the neighbourhood of GBP 300+ for a doc check on a visit visa sponsor. Also note that there are qualified solicitors in Ilford (indeed, just walk down Green Lane!) who may charge less. You can also use the ILPA search engine to find a qualified solicitor with a practice area is South Asian visit applications.

TL;DR

You need to sort out your sponsorship evidence and the net is a horrible resource for this because sponsorship involves highly specific and personal stuff. Either get full representation for your parents or minimally a doc check. To apply again without those things is wildly adventurous.


Disclaimer: I have known Colin personally for about 12 years. It's only an example and there are hundreds out there. Note that receiving compensation of any sort for a referral is a violation of Sections 84 and 85 of the Immigration and Asylum Act 1999 (which provides the authority for the Commissioner's Code).

  • The only other question I have is - would it be prudent to change sponsors? I have an aunt and uncle here who have successfully sponsored many visitors over the years and they sponsored my mum on her first visit as well. I understand this would only work is my parents' paperwork is in order. – LondonMum Aug 11 '17 at 9:22
  • @LondonMum I don't think it matters. Please read the canonical and determine if your parents need full representation at this point. As mentioned, sponsorship issues are just icing on the cake. – Gayot Fow Aug 11 '17 at 10:40

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