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Important News - Family Visitors

28th Apr 2013

If you wish to visit close family in the UK, and have previously been refused a family visitor visa but not appealed this decision, you may wish to apply for a fresh family visitor visa before 25 June 2013.  If an application is not made before that date, and is refused again, it will no longer attract a full right of appeal.  The only way to have the matter decided by an Independent Immigration Judge in respect of the family visitor rules, is thus to reapply before 25 June, and appeal if the application is refused.  This will enable you to clear your immigration record for future visits.

After family visitors no longer have a full right of appeal, it will still be possible to make fresh applications, or to challenge the facts of the decision by way of a human rights appeal on Article 8 grounds.  Findings could then be used in a fresh family visitor visa application, even if the appeal was not allowed on Article 8 grounds.  This should increase the chances of success in a fresh application, if the Entry Clearance Officer is not accepting the facts as stated.  Beyond that, decisions could be challenged by Judicial Review. 

It is important that family visitor visa applications made before 25 June 2013 are fully documented, and properly made.  Immigration Judges have jurisdiction to consider matters that were before the Entry Clearance Officer only.  There is case law that further evidence can be submitted at the appeal hearing, if in effect it is being put in to corroberate a point or evidence that was already before the Entry Clearance Officer.

We can assist with Family Visitor applications and appeals.  If you would like to arrange a consultation appointment, please telephone us on 0121 236 799 or 020 7520.

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