# Mother refused visa to visit terminally ill daughter



## sushi_i (Jul 23, 2014)

Hello,

I am trying to get some advice for a friend. Unfortunately, a member of their family is terminally ill and doctors have said that she only has less than a week to live.

They have made a visa application for her mother to visit from Pakistan to be with her and attend the funeral, which was rejected and they want to appeal it. Any advice on the best way to do it especially given the short time frame?

Would they have to appeal via:
https://www.gov.uk/immigration-asylum-tribunal/appeal-from-outside-the-uk 

Under "A decision to refuse a human rights claim for entry clearance" there is an option for "I have received a refusal decision dated after 6 April 2015 on An application for entry clearance".

Is that the fastest way to do it or is there another way?

I would be grateful for any advice you could give.

The reasons given for refusal was:
"I have carefully considered your Article 8 right to a family life and consider that refusing your entry clearance is justified and does not impact on your ability to conduct a family life as you have done up until now. Whilst I have taken the compassionate circumstances into consideration with this decision, they do not outweigh my concerns about your intentions in wishing to enter the UK. I am not satisfied that only a short visit is intended or that you would leave the UK at the end of the period stated by you.

I therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all the requirements of the relevant paragraph(s) of the UK Immigration Rules. 

Your right of appeal is limited to the grounds referred to in Section 84(1)(c) of the Nationality, Immigration & Asylum Act 2002."

In the refusal they mentioned concerns over a lack of evidence that she would be able to support her visit.

Unfortunately, I was not involved in helping them with their original application so it may be that they did not put the case forward as strongly as they should have (e.g. evidence of financial support, husband & family in Pakistan meaning she will not be staying in the UK, etc.).


----------



## Joppa (Sep 7, 2009)

Yes, I tend to agree that the application was probably poorly put together. Any of us could have told them to include evidence of financial support and strong ties at home. It will be quicker just to reapply, as visa fee is only modest at £85.


----------



## sushi_i (Jul 23, 2014)

Thank you for the advice Joppa. I will let them know and make sure they put in a better application this time.


----------



## sushi_i (Jul 23, 2014)

*Visitor Visa to visit terminally ill daughter refused - what to do next*

Hi

I am hoping for some advice for a friend. Sadly, their relative has terminal cancer and doctors have said she does not have long left (less than a week). They have made a visa application for her mother to visit from Pakistan but it was rejected and they want to appeal it. 

Part of the refusal says 'you stated that you are supported by your husband but you have not demonstrated his personal and financial circumstances. Therefore I am not satisfied that he is able to support your visit'. It also states how they are not satisfied that she will be 'adequately maintained and accommodated'. 

Having gone over their application, I do not understand why this reason for refusal was given as:

- she did not state her husband will be supporting her visit, but her son-on-law (her terminally ill daughter's husband), who is also her sponsor.
- the son-in-law wrote a letter supporting her application, stating how he will be paying for plane tickets, accommodating her during her stay, and ensuring she will return to Pakistan. He also provided financial evidence of his wage. 

It was also refused because they are not satisfied that she will return to Pakistan. Therefore, I have advised her to write a letter basically stating that her life and family are in Pakistan and she just wants to be with her daughter before she passes away. Would you recommend anything else she can do to help prove she will be returning to Pakistan?

The refusal also stated:
"I have carefully considered your Article 8 right to a family life and consider that refusing your entry clearance is justified and does not impact on your ability to conduct a family life as you have done up until now. Whilst I have taken the compassionate circumstances into consideration with this decision, they do not outweigh my concerns about your intentions in wishing to enter the UK. I am not satisfied that only a short visit is intended or that you would leave the UK at the end of the period stated by you."

We would be grateful for any advice. I posted a question earlier this week before I was given a copy of the application and was told it would be quicker to reapply than appeal. However, what if the ECO made a mistake in refusing (saying husband will be supporting the mother when he isn't)? Should they just reapply?

Thank you in advance.


----------



## nyclon (Apr 3, 2011)

Please keep your posts on the subject to one thread so people can follow what has transpired.


----------



## Joppa (Sep 7, 2009)

Yes reapply, as it will be quicker.


----------



## sushi_i (Jul 23, 2014)

nyclon said:


> Please keep your posts on the subject to one thread so people can follow what has transpired.


Sorry about that - thank you for merging the threads together.


----------



## sushi_i (Jul 23, 2014)

Joppa said:


> Yes reapply, as it will be quicker.



Thank you for the reply, Joppa. Do you have any advice on what to include in the application to help show she will return to Pakistan? Would a letter about her strong ties to her home be enough? 

Also, even though her son in law is supporting the application and will be financing her visit, should she still include financial evidence from her husband, who supports her in Pakistan?


----------

