UK Family visa refused because I couldn't demonstrate my brother is our dependent. How to reapply?

5/17/2015 3:34:57 PM

So he applied for a residence visa but it was refused.

Background. Your brother applied under Paragraph 317 (P317) and was refused. When a person is successful with an application under P317, they get immediate permanent residence with full access to public funds, council housing, income support and all the rest in one single step. It is unquestionably the most difficult application a person can make.

Each year about 1 or 2 applicants are successful (the exact figures are available via Freedom of Information), the other applicants are refused and will have difficulty getting in to the UK under any other type of visa in the future. The rationale being that the person will make an Article 8 claim as soon as they arrive and tie up judicial resources over a specious claim. What this amalgamates to is that making an application under P317 invites peril.

Your brother then applied for a Visitor Visa and his application was refused. You provided the refusal formulae (and thank you for doing that), which says in part…

As the previous refusal notice shows your intention was to settle in
the UK permanently as a dependent of your sister, I am not satisfied
this is no longer your intention in seeking entry now.

…and this will be your brother’s problem going forward. Formulae about your brother’s financial circumstances are just icing on the cake, it’s pretty much certain in their eyes that your brother will make an Article 8 claim and then rely upon public funds to live in the UK.

Could you kindly advise us on what to do, please?

Your brother will not be able to simply make an attestation about his intentions. Everybody in the world is happy to attest that their intentions are genuine, and UKVI has heard it all before and will ignore it in favour of hard evidence.

There’s two or three other strategies…

  1. Ask your brother to get lots of travel experience to other countries
    that monitor visitor performance such as the USA, Canada, Japan, and
    so on. When he builds up an impressive record of performance he
    will be able to apply successfully for a UK Visitor Visa. There is
    no exact trigger point but a half dozen countries with multiple visits over the course of
    3 – 5 years should be acceptable. They love it when a person with a
    refusal goes on to get lots of travel and will look favourably on
    it.

  2. Instruct a fee earning member of the UK Law Society to
    represent your brother’s application to visit. Depending upon the
    solicitor’s speciality, the application will have pretty good
    chances for success. I would guess the fee would be about GBP 1,500+
    for this, but that’s simply a wild guess. If somebody offered to do
    it for less, you would rightfully be suspicious.

  3. Make a fresh application under Paragraph 317. Again, using a
    solicitor who has a practice area in P317. I took a course in
    Paragraph 317     a few years ago and know there are at least two or
    three with highly respected credentials. I would guess the fee to
    be in the neighbourhood of GBP 5,500+, but that’s only a guess.
    This site does not help with these applications because it’s not
    about travel. Instead you have to use the Expat site.

According to the new Immigration Rules we can’t appeal against the decision

Parliament turned off visitor appeals a long time ago (in the early 1990’s). Recently they turned off appeals for family visitors and this avenue is now not available to your brother. UKVI successfully convinced Parliament that the cost of a fresh visitor application (GBP 83) is considerably less than the cost of maintaining a judicial infrastructure and the British public agrees with them anyway.

Thanks again for adding the refusal formulae to your question. Note that your question was previously closed as “Unclear what you’re asking”, but then was reopened after your edit. This allowed your question to be answered.

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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