#Injustice re visa refusal
Target:
Uk Border Agency
Region:
United Kingdom

My sister’s husband is a Nepali national, Biswodip Khadka. They met while both were working in Saudi Arabia and married in Nepal in November 2012. They have a son, Rohan, born in August 2012. See http://goo.gl/bwF4V

My sister is a qualified nurse. Biswo is well educated, the son of a retired police officer and has been in employment since leaving school. His family are respected and own their own property in Kathmandu and in their local village.

In 2012, while the couple were still working in Saudi Arabia, Biswo made 3 applications to the UK Border Agency for a visitor’s visa to accompany my sister when she came home. First application was made in January 2012, when my sister was returning to the UK for a 10 day holiday. The application was refused. The second application was made in May 2012. By this time my sister was 6 months pregnant and planned to come home to have her baby. Obviously, they hoped Biswo would accompany her to be able to see his child born and to support his partner as any father would wish. They planned to be here for 4 months, then travel to Nepal to spend time with Biswo’s family, before travelling to Abu Dhabi, where by now, my sister had secured a post in a new hospital. My family supported his application in writing, confirming where he would be staying, addresses of family members he may visit, and stating that the couple and their child would leave the UK as stated. The application was dealt with by the British Embassy in Rhiyad. Again his application was refused. The Border Agency did not believe it was not his intention to try and remain in the UK when the visa expired as there was more opportunity here than in his native country.

My sister travelled home alone. She gave birth to Rohan - not without complications and struggled through those early weeks with a new baby without the support of her partner. Meanwhile, Biswo had returned to Nepal, to begin his third visa application. This time he sought advice from a notary to help him address all the given reasons for previous refusals Here numerous members of my family wrote letters of support and supplied their financial information to demonstrate we could sustain the couple during this period. These support statements were sworn on oath before a solicitor. This application was dealt with by the New Delhi High Commission. At the beginning of September 2012, Biswo received another rejection. The Border Agency found further reasons to refuse the visa, despite previous reasons being addressed. Basically, he and my family were disbelieved - technically referred to as liars. We continued to support my sister with the baby, but the stress of being without her son’s father was beginning to take it’s toll. Emotionally, she was very down and we were very concerned.

On November 3rd, My sister and her son flew to Nepal - exactly as had been stated in the 2nd and third visa applications. An extremely difficult journey with a young baby and associated equipment. She had hoped to be travelling with her partner and thus having 2 baggage allowances. Aged 14 weeks, Baby Rohan finally met his father. Biswo is a wonderful Dad - very “hands-on” and thoroughly enjoying every aspect of parenthood. The couple married in a Hindu ceremony on November 18th and are so very happy. They settled down to their time in Nepal, and looked forward to starting their new life in Abu Dhabi after Christmas.

Unfortunately, the forces appear to be against them. In December, my sister was informed that the opening of the hospital, where she would be working, was delayed, and she would not be required to take up her post till June/July 2013. They decided they wanted to come to the UK after this news as as my sister missed her family and wanted to see them before she started her job in Abu Dhabi. If she didn't come now, then it might be quite some time before she would be granted leave from her job and able to travel home and see us. They would stay with family. Biswo would again apply for a visitor’s visa. My family provided all the written support they had previously and Biswo again sought advice to address the reasons for rejections with the last visa. The couple booked flights to travel on Easter Sunday. Last week, Biswo received the devastating news his application had again been refused - for similar but re-worded reasons. There are some anomalies on the rejection document, which suggest the application has not been properly read, by the whoever considered it at the New Delhi High Commission.

So again the couple are faced with separation. My sister faces two lengthy flights with a lively 7 month old baby, and again only one baggage allowance. Even more cruel is that Biswo will be separated from Rohan with whom he has such a strong bond. This is so unjust when you consider the number of foreign nationals who have entered the UK, many of which have been given indefinite leave to stay; many are claiming welfare benefits and social housing. My sister claimed nothing from July to November 2012, and does not intend claiming any benefits if she returns to the UK now. She will stay with family and if Biswo were to come, the family would support him also. It appears that Nepali nationals have very little hope of achieving a visitor’s visa for the UK; That they are considered liars. Nepal is not an important country. It is generally a poor area, and certainly has no resources considered important to the west.

The bottom line is this young man is making a totally honest application to visit the UK for what amounts to a slightly extended holiday, to be with his wife and son, and to meet his in-laws. He will leave as stated. My sister does not want to leave Biswo but if she stays in Nepal, our mum will not see her daughter and grandson, I will not see my sister and nephew and my children will not get to see their Aunty and cousin. Mairead desperately wants to come home again and see her family and friends and introduce her husband to everyone.We hope the Border Agency realise the devastation, stress and unhappiness this is causing.

Please read this story and if you feel you can support this little family, please sign our petition. We hope to approach the Border Agency for a review of their decision.

Many thanks.

We, the undersigned, call on the UK Border Agency, to review this application as a matter of urgency and understand that it is totally truthful.

The Keep this family together! petition to Uk Border Agency was written by Jennifer Ridler and is in the category Miscellaneous at GoPetition.