Application for UK Special visa (Attendant for Medical Treatment) twice refused, planning to apply for Third time?
I applied for UK visitors Visa in February 2015 to travel with my Father as a Medical Attendant, He is a Thyroid Cancer patient and Under treatment at Royal Mardsen Hospital, NHS UK. He visits UK in every six months, earlier my brother used to travel with him as he is now busy in his studies in Ireland he could not travel with him so I applied to travel along with my father. Me and my father trip is all sponsored by my uncle who has huge business in Pakistan and China. My father and brother got their first visa on this point only.
When I applied I provided all the required documents of my own financial condition and the sponsorship documents but my visa got refused on the basis that my monthly income is PKR 20,000 on average and the ECO believe that I wont return to my country after the Treatment of my father although this is not true I have no interest in staying in UK more than the period of my father's treatment i.e. 2-3 weeks only.
After six months in October 2015, I reapplied my circumstances changed a bit I got new job and was permanent employee there my salary rose to PKR 35,000 on average and my employer provide all assurance that I will return back as I have signed a 3 year bond with them. And again my Visa was refused that I joined the new job 3 months earlier and they are not sure that the employer knows that i will take leave for 3 weeks, although i have provided a reference letter from my employer which states my job details and salary details. The second time refusal letter does not have any valid reason it was just a point that i cannot enter UK and the ECO doubts that I wont return back (that's just a ridiculous thing why would i stay there alone, when my family, friends, career everything is here in Pakistan)
On that trip my father has to travel alone and it was really difficult for him to stay alone as he cannot take solid diet and someone is required to prepare liquid diet for him and feed through peg tube placed on his stomach.
Now I'm planning to apply again I've got a recommendation letter from the Doctor, that, significant nursing care is required for the patient and her daughter should be allowed to travel with him. secondly I will be showing my GBP account statement in which sponsor has already credit sufficient funds for travelling and accommodation, further my employer has provided me a letter stating my annual leaves details as well. Please guide me what more documents should I provide them to give assurance that I'm only travelling with my father to take care of him during his treatment and will return back to my country as soon as possible.
And on first refusal I appeal against the decision providing all the clarifications but after the appeal was processed the result was I dnt have limited rights to appeal and they have eaten up all my money.
Best Answer
You have applied for a Standard Visitor Visa on compassionate grounds and have been refused twice. You contemplate a third application. Examining your refusal notices, the bottom line is they will quite probably refuse again.
You plan to include a letter from a doctor. Having a doctor's attestation may address some of the points raised by the ECO (i.e., that your father will need nursing care), was the letter issued by the UK provider? Note that everybody needs nursing care at some point in their treatment, and the NHS (or private facility) has nursing staff for that reason. Is your father receiving adequate nursing care for his treatment? If not, this is something to take up with the provider. Do you have some skill that he cannot obtain locally? You wrote it would cost you £25,000 to go for 6 weeks, would it be cheaper to hire a carer locally rather than flying you to the UK and accommodating you?
Your plan is to present new bank statements that appear something like this...
This nearly always invites trouble. But more to the point... The ECO explained in both refusals that she was comfortable that your family would take care of you financially during your visit so you are meeting the rules. You're addressing a problem that doesn't exist and in the process creating more problems for yourself. See provenance.
What the ECO was telling you about your bank statements is that (in addition to being erratic) your lifestyle has not stabilized to the point where your cash flows are adequately managed. People who are in and out of debt all the time and have trouble making ends meet do not fit the profile of someone who is an authentic visitor to the UK. So the ECO concluded "...causes me to doubt your true intentions...".
"Funds parking" is a superficial cure (and risky) but does not actually hide the underlying lifestyle that required parked funds in the first instance.
And finally, there's the big-time show-stopper...
...it is not clear why you personally need to accompany him given that you are one of 7 children dependent on your father...
Your brother has on-going commitments in Ireland (which paradoxically would help make him an authentic visitor, it's probably why his applications were successful). Presumably the other siblings have jobs or on-going lives that would be disrupted by a 6 week visit (which, paradoxically would help establish them as genuine visitors), you didn't explain that part in your question. But for whatever reason, your own premise over the 5 remaining siblings was not established. Whenever a single person is selected out of a large family for no apparent reason, there is a gap in the person's premise that makes ECO's uncomfortable. The ECO's discomfort apparently becomes more acute if the applicant is a south Asian female in the marriageable age range, but there's nothing other than empirical evidence and observation supporting this so treat it as obiter dicta only.
The ECO could not use her discretionary latitude for compassionate circumstances because it's limited and there's not enough to cover the shortfalls in your application.
Conclusion. The ECO made a slam dunk. A third application is not recommended at this stage in your life because there are too many significant issues that prevent establishing yourself as a genuine visitor. Also note that if you keep applying again and again, they can eventually raise Paragraph 320 and ban you; you have not reached that threshold yet, but will if you continue to apply without changing your circumstances.
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How long after a UK visa refusal Can I reapply?
You can make a fresh application addressing the grounds of refusal with the submission of new evidence and fee. There is no time limit for making a fresh application. So, you can reapply any time after your UK visa refusal.What happens if your UK visa application is rejected?
If your UK visa application has been refused by the Home Office or UKVI, it may be possible to challenge the refusal. You may have been given a right of administrative review, a full right of appeal or no right of appeal at all.Can I apply after refusal?
There is no mandatory waiting period for re-application \u2013 unless otherwise noted, you may apply again for a visa at any time after your first rejection. However, sending the same application a second time without additional information is likely to result in rejection for the same reasons as the first.How do I appeal a UK visa refusal?
For most cases, you must appeal online using the MyHMCTS service. You'll need to create an account first if you do not have one. You must only appeal using a paper form if your client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.6 COMMON REASONS FOR UK WORK VISA REFUSAL
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