UK Family Visa Refused, how long till I reapply?
I applied for a family visa on 19th October 2014 and today (10 November.'14) I got the refusal letter. The documents I have provided are listed below:
- Sponsor's invitation letter
- Sponsor's bank statement
- Employer's certificate
- House rent agreement
- Copy of sponsor's passport
- My FDR of National Deposit Bureau of Government
- Ownership document of my apartment
However, I intended to stay there for 6 months but being cautious I started to proceed for a 2 year visa which was the very first point that they mentioned in the refusal letter. Was that a reason of my refusal?
As I have been retired from Government service in 2007, I didn't provide any bank-statement in my name. But I DID submit the 'Certificate of FDr (Fixed Deposit)'[as mentioned in list_item# 6] of my pension amount and corresponding monthly interest from it which they completely ignored and stated as "have not provided any other evidence of stated monthly income".
Besides, they also mentioned about the absence of evidence of my living circumstances here in Bangladesh although I have provided the ownership documents of my OWN apartment. Wasn't that enough to make them convince that I live in my own apartment right now?
Moreover, I have another fixed deposit on '6-months interest' payment-basis. Probably that was a mistake from my side that I only provided the receipt of accessing it on 2008 but not afterwards.I assume that was one of the reasons.
Finally, the refusal letter mentioned their doubt about my previous stay in the UK back in 1975. I studied and worked there for 6 and a half years which I mentioned in my form but unfortunately couldn't manage any supporting documents against it. What sort of document was I supposed to submit?
So, that was the details of the scenario now. What should I do in this case? Can I reapply right now? Or ask for an administrative review?
Best Answer
For your two specific questions...
Can I reapply right now? Yes, there is no cooling-off period following a refusal; you can apply again immediately. Doing so, however, is a rash step because it will result in another refusal unless each objection in your refusal has been fully addressed.
Or ask for an administrative review? This option is available to you if it is listed in your refusal letter. Many appeal rights for family visitors were revoked in 2012 and 2013, and not every FAMILY refusal carries the right to appeal or administrative review. You will have the onus of demonstrating that you qualify based upon the evidence that you provided. If your refusal attracts the right to administrative review, it will be explained in your letter and they will have included a brochure outlining the process and the appropriate forms.
Other comments based upon what you wrote...
You applied for a 2 year visitor visa. They will avoid issuing this without a substantial history of performance on the standard 6 month visa (on the order of 5 to 10 years history with more than one country). This probably worked against you. You provided a fixed deposit certificate (rather than a bank statement). This instrument does not show that the funds are at your disposal for the purposes of a visit, and they would be entitled to refuse for this reason alone. Finally, they expressed doubts about your 'living circumstances'; this may or may not have to do with owning your own apartment, but it cannot be determined without seeing the entire refusal letter and the context in which this point is raised.
You could not document a previous stay in the UK from about 40 years ago. This looks more like icing on the cake rather than a genuine objection. In the absence of other objections, I would not expect this to matter a whole lot.
For your other question: What should I do in this case?, you can see which points of the refusal you can overcome with higher quality evidence. In the overwhelming number of cases (as pointed out in Parliamentary debate), it is more productive to make a fresh application rather than to open an administrative review. Also, if you have lots of money and lots of time, you can open a judicial review.
These links will help you understand the background and state-of-play for family visit refusals...
Standard Note http://www.parliament.uk/briefing-papers/sn06363.pdf
ILPA Information Sheet http://www.ilpa.org.uk/data/resources/17841/13-05-13-Family-Visit-Visas.pdf
Chief Inspector's Report http://icinspector.independent.gov.uk/wp-content/uploads/2011/02/Entry-Clearance-Decision-Making_A-Global-Review.pdf
Immigration Minister's testimony http://www.publications.parliament.uk/pa/cm201213/cmselect/cmhaff/493/493i.pdf
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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 my UK visa application is refused?
There are three options of what you can do after your UK visa is refused:How long after a visa refusal can you apply?
Do refused applicants have to wait three to six months before reapplying? There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate applicant's qualification for a visa, an application may be resubmitted.How long does it take to appeal a UK visa refusal?
You'll usually get a decision within 28 days. Your decision letter will tell you if you can apply. You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber).UK Visa Refusal | What to do if UK Visa refused/rejected | Complete process in Urdu/Hindi
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Answer 2
I suggest you ask them by email.
Click 'Start Here' on this page: https://www.gov.uk/contact-ukvi-outside-uk and it'll take you to an email form.
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