Tuesday, 7 August 2012

Family Visitors visa appeal abolished!



On 18 June 2012, the Immigration Appeals (Family Visitor) Regulations 2012 come into force today (9 July 2012). The regulations set out who qualifies for a full right of appeal against a visa refusal to visit family in the UK.

The above changes the appeal rights of family visit visa applicants.

If you are applying to visit your uncle, aunt, nephew, niece, first cousin, or a relative who does not have settled, refugee or humanitarian protection status in the UK, and we refuse your visa application, you will not have a full right of appeal. A limited right of appeal will remain on human rights and race discrimination grounds.

It is very important for you to answer the question correctly;
1. What is the relationship with you and the person in the UK?

2. Where are you going to stay?

If the answer to 1  is sister for example and the answer to 2 is staying at a different place than the sister, lets a friends place then the Entry clearance officer may refuse your application without a right of appeal.
According to a learned Judge with first tier court, sometimes family visitors do stay at a different place from their immediate relatives place viz; Hotel as well

Applicant if refused without a right of appeal despite being qualifying for VAF1 B criteria, must challenge this decision with the Entry clearance manager.

No changes are being made to the Rules governing who can qualify for entry to the UK as a visitor and genuine visitors are welcome.

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