# Mother in-law want to visit UK for birth of grandchild, Visa refused



## Pizza_man (Jul 16, 2013)

Hi
Could really do with some advice on best way to proceed. My wife (Vietnamese married in 23/10/13 been in UK on Spouse visa since 15/4/14) is expecting our first child on 8/11/15. She is desperate for her mother (baby’s grandmother) to be with us for birth. Her mother’s visa has been rejected, full letter is below but seems to come down to fact they cannot be sure she will return to Vietnam (“I cannot be satisfied that you are travelling to the UK as a genuine visitor or intend to leave on completion of your visit”).
She has very genuine reason to visit UK supported by letter from midwife, stating due date and requesting they “consider allowing her mother to visit UK to be with Van and support her” 

Refusal say’s “you have failed to provide evidence in support of your employment and income” (which is incorrect, we did provide evidence of employment). Letter seems to be saying because cannot prove has job we cannot be sure you will go back. She has a letter (in Vietnamese) stamped by local government saying she is a market trader and farmer, submitted along with English translated and as part of application (we listed her as SELF-EMPLOYED MARKET TRADER AND FARMER on Visa application). 
She does not declare income/pay tax but that normal for low earning self-employed person, she has £1,536 in bank, cannot prove where it came from, we gave her some, but substantial amount genuinely came from her own earnings, but she only placed money in bank recently (kept as cash in house). It’s not like the UK, she (and every other small trader) cannot prove income. 

Not sure how you can ever truly prove you have intention to leave UK, but she certainly has no desire/intention of staying. She does not speak any English, Has 4 daughters 3 of whom are in Vietnam, one is 13 years old living with her and listed as “DEPENDENT” on visa application form (the other two are older she has 4 grandchildren in Vietnam). 

She and her husband own their own house/small holding/farm, (we included ownership paperwork for this with application, it’s in Husbands name but this is normal), We also included their marriage certificate and the “family paperwork” which show who is family and how related (and picture of family together).

She cannot leave Vietnam for long, only reason we can visit for 3 months is quite time of year on farm (winter) and needs to return for busy trading time (Vietnamese “TET”/Lunar new year on 8/2/16 (like our Christmas/new year) needs to return few weeks before this as busiest time for her market stall.

I also included return flight tickets(18/10/15-17/1/16) in application, I know advice is not to purchase this in advance but I have brought non-transferable/refundable flight tickets. Thought this would help prove intention to return.

Not sure what to do next, think there is no right to appeal? I believe there is a factual error in there reply (“you have failed to provide evidence in support of your employment ” when this was provided) so think best course of action is ask Entry Clearance Manager for reconsideration?

Other option is resubmit a fresh application, but not sure what do differently we have already provided evidence she has two jobs, that is genuine reason for visit (birth of grandchild), That she has 13 year old dependent daughter living with her and her husband in house/farm they own and extended family in Vietnam. 

I ideally what a route that get her Visa sorted before in enough time to catch 18/10/15 flight and baby due 5/11/15…

Any advice really appreciated it very import to my wife that her mother is hear to support her.

Thanks

REFUSAL OF VISIT VISA
Your application for a visit Visa to the United Kingdom has been refused ...how your application was considered .....In deciding whether you meet the requirements of appendix :immigration rules for visitors, I have considered
*your application and any additional relevant information 
*your immigration history
THE DECISION.
I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph 4.2-10 of appendix V: immigration rules for visitors because
You have applied to spend three months in the united kingdom visiting that your daughter and her spouse and whilst I acknowledge the importance of maintaining family contact it is the intentions of the applicant that are paramount when considering any application.
You state in your visa application form you have been self employed since 1995 earning 6,000,000VND per mouth £173 (current exchange rate 1-34555VND) however you have provided no evidence in support of this. You state that you son-in -law is to bear the cost of your trip to the UK and the cost personally to you will be £400, in support of this you have submitted evidence of your sponsors funds and your own. I note the balance in your account on 03/09/2015 was 53622000VND given you have failed to provide evidence in support of your employment and income it is unclear where these funds have originated from and I cannot therefore be satisfied that this is a true reflection of your visit I cannot be satisfied with your circumstances in Vietnam.
It is your responsibility to satisfy me that your personal circumstances in Vietnam are such that if granted leave to enter , you will comply with all of the conditions attached to any such leave of any family ties, employment, income, savings, property or other assets in Vietnam which causes me to question your intentions in travelling to the UK
In light of the above I cannot be satisfied that you are travelling to the UK as a genuine visitor or intend to leave on completion of your visit
FUTURE APPLICATIONS
Any future UK visa applications you make will be considered on their individual merits, however you are likely to be refused unless:
-your personal circumstance change significantly between now and your next application
-you provide compelling new evidence with your next application

I also included following statement on Visa sponsor letter :-
“I understand that I will be standing as sponsor and that my reputation as a sponsor will be damaged if she does not abide by their visa conditions, including returning to their home country at the end of the family visitor visa. As my Wife will be applying to extend her Visa on 16/10/16 you can be sure I will ensure the visa conditions are met so my reputation as a sponsor is upheld.” and more than ample evidence of my earning/ saving and ability to accommodation.)


----------

