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On the balance of probabilities

 

THERE ARE TWO TYPES OF VISIT VISAS TO UK

 

  • FAMILY (SPONSORED ) VISIT: Full right of Appeal is allowed incase of visa refusal.
     

  • TOURIST (NO-SPONSORED ) VISIT: A limited or no right of Appeal is allowed incase of visa refusal.

 

Most popular "Copy/Paste" objections for visit visa refusal:

 

  1. The Immigration Rules require me to be satisfied that you leave the UK at the end of the visit and that your intentions not those of your sponsor. Guarantees by a sponsor are not enforceable in law and cannot therefore be accepted as evidence of application intentions. I am also unable to judge the bona fides of your sponsors, as I have been unable to speak to them at the time of the decision.
     
  1. You stated that you will stay with your brother-in-law and his family and you have submitted a sponsorship document from him. He has not supplied any supporting documentation to show that he can accommodate and maintain you as he claims. You have a family of six. I would have expected you to submit these in order to substantiate your claim to visit the United Kingdom for your vacation. I am mindful of this and also the fact that last year he provided sponsorship for a brother from Pakistan. In your family visitor form this person has not been mentioned. I am not therefore satisfied that you have a genuine sponsor and are genuinely seeking entry to the UK as a visitor for a period not exceeding six months as required by Rule 41(i) of HC 395 and that you intend to the leave UK at the end of the period of the visit as stated by you as required by Rule 41(ii) of HC 395.
     
  1. You seek entry clearance to visit your claimed relative i.e. brother-in-law and whilst I acknowledge the importance of family ties, you have however, failed to provide any evidence of your exact relationship. Therefore I am not satisfied that you are seeking to visit a close a family member as defined in the Immigration Appeals (Family Visitor) Regulations 2000. Given my doubts regarding your claimed relationship with your sponsor I am not satisfied that the period and purpose of your trip is as you have stated. 41(i)(ii).
     
  1. You have failed to provide reasonable evidence to demonstrate that you are established in Pakistan. You appear to have no employment and no assets or income of your own. As such I consider that you do not have strong economic or social ties to Pakistan to satisfy me of that you intend to leave the UK but rather that you have good economic reasons for not doing so. Therefore on the balance of probabilities, I am not satisfied that you intend a visit for the purpose and period as stated by you. 41 (i)(ii)&(iii) of HC 395
     
  1. Your account shows that are wholly incommensurate with your claimed monthly income and it is apparent that you have gone to some lengths to obtain these amounts in preparation for the trip. You claim to earn between Rs 100,000 (£833) to 125,000(£1042) per month. I have examined the last three months of your personal bank account. On 21 march 2007 the balance was Rs 359,430 (£2,995). On 21 June the balance was Rs 933,426 (£7,779). This is an increase of Rs 573,996 (£4,783), Rs 198,996 (£1,658) above your claim income. I also note that you have a family of five to support from this income. You have not provided any proof of your claimed income such as recent tax certificates. I conclude that these funds are either not available to you and that they have been deposited solely to facilitate this application or that you have sold assets to obtain these funds. I consider the act of liquidating a substantial amount of your family investments in preparation for this trip to be significantly disproportionate to visit under the circumstances you describe. I am therefore led to doubt the period and purpose of which you intend to remain in the UK. 41 (i)(ii).
     
  1. I have considered the natural desire for you to visit your brother-in-law in the UK but in the light of the above I am not satisfied that this desire outweighs my concern about your own statements. In reaching this decision to refuse your application, I have given careful consideration to your rights under Article 8 of the European Convention on Human Rights. However I am satisfied that although there may be a perceived interference with your right to family life under Article 8 such interference is justified for the purpose of maintaining an effective immigration control and is proportionate to that aim and does not therefore breach your Convention rights.
     
  1. You have failed to provide satisfactory evidence to substantiate that you are in self employment and earn Rs 45,000 per month as stated on your application form. You state you run a business. You have provided no business bank statement. You have provided evidence of you recent income tax payment for 2006 at only Rs 152,500. You have produced a tax number certificate. I note that you claim in column 6.2 of the application that you run the business since 1990. However your tax registration is from 06/02/2003. Furthermore a tax registration document alone is not satisfactory evidence that you have a business, or that you receive the claim income. I am not therefore not satisfied that your personal circumstances are as claimed. 41 (i)(ii)
     
  1. The arrangements you have made for your stay appear vague. Although you allege that you will stay with your cousin brother you have not been able to submit any adequate sponsorship documents for him. I would have expected you to submit these in order to substantiate your claim to visit the United Kingdom for your vacation. I am not therefore satisfied that you are genuinely seeking entry to the UK as a visitor for a period of not exceeding six months as required by Rule 41 (i) HC 395 and that you intend to the leave UK at the end of the period of the visit as stated by you as required by Rule 41 (ii) of HC 395.
     
  1. You state that your sponsor will bear the costs your visit. You also propose to take £ 5,000 with you. You have provided no evidence of your funds. I also consider such proposed expenditure, for the reasons you have given, to be incommensurate with your current social and economic circumstances. 41 (i) (ii) (iii)
     
  2. Applicants are advised through notices and leaflets that original documents should be used in support of a visa application. Original documents can be examined to ensure that they have not been tampered with. This is why we ask for them. Despite this advice you have chosen not to supply original documents and those documents you have supplied have therefore limited evidential value as they cannot be verified. I am therefore not satisfied with the evidence you have produced that you genuinely have a sponsor in the UK”. 41 (i) (ii)
     

  3. Other than a bank statement and marriage certificate you have not presented any evidence of your personal and financial circumstances in Pakistan. Full knowledge of your circumstances is an important consideration when assessing your application. In the absence of such evidence you have not satisfied me that your circumstances are as claimed. I am therefore not satisfied that you are a genuine visitor or that you will leave the UK on completion of your proposed visit”. 41(i)(ii)
     

  4. You have sated that you are a housewife, but you have failed to provide reasonable evidence of your husband’s business, employment, regular income or how you support yourself in Pakistan. As such I consider that you have failed to demonstrate sufficiently strong economic ties in Pakistan to satisfy me that you intend to leave the UK but rather that you have good economic reasons for not doing so. To comply with the requirements imposed by visitor entry clearance you are unable to generate any income originating from the UK and given your doubtful employment circumstances I am not satisfied, on the balance of probabilities, that you will abide by the conditions of visitor entry clearance. Therefore, on the balance of probabilities, I am not satisfied that you intend a visit for the purpose and period as stated by you. 41 (i)(ii)(iii)
     

  5. I note that in the last 3 week you appear to have deposited Rs 473,175 (c. £3785) into your account. You have stated at section 6.10.1 of your application form that you are unemployed. You have not provided evidence towards the origin of these funds and in the absence of reasonable evidence, I am not satisfied that these bank statements accurately reflect your personal circumstances in Pakistan. I am not satisfied that you will be able to maintain and accommodate yourself without employment and without recourse to public funds. 41 (vi) 
     

  6. The passports that you have presented with the application do not show any previous travel outside Pakistan or therefore any previous compliance with the Immigration Rules of another country. Whilst I am satisfied, from your sponsor documents, that your sponsor would be able to support you during your visit, I must be satisfied of your personal circumstances and the intention surrounding your trip. On your application you have said that you have been self employed since 2006 and that you earn Rs 75,000 (£540.52) a month. As evidence of this, you have presented a blank letter from Business Associates Limited dated 14.09.2011, invoices tax documents and a Karachi Chamber of Commerce and Industry membership certificate but these do not reasonably evidence your claimed income and employment because they do not represent that you have been in business for any length of time, nor do they confirm your income. You have also said that you have made available £3,000 to spend of this visit, and that you spend Rs 40,000 (£288.28) per month on living costs. What you are proposing to spend on this visit is considerably higher (over 4 times) than your claimed monthly income, and I note that from your application form that you share financial support with your wife and 2 children. You have provided no evidence of how you will support your business and derive an income during your 3 week visit. Assessing you overall financial position, I do not consider it reasonable that you would incur this expense and all these concerns undermine the overall credibility of your application. This also means that I am not satisfied that you are employed as stated or that you have therefore presented your circumstances in Pakistan. Other than your family traveling with you, I have noted that you have not indicated anyone being reliant on you. In view of this, I consider that you have failed to demonstrate that you have sufficient ties to Pakistan. Given this on the evidence before me, and the balance of probabilities, I am not satisfied that you have faithfully presented your intensions in wishing to enter the UK or that you are a genuine visitor to the UK who would leave the UK at the end of the period you have stated”. 41(i)(ii)
     

  7. “On your application you have indicated that you work as a beautician and that you earn Rs. 20,000 (£143) per month. You have not provided any evidence to support this. Additionally I note that your stated income is not reflected in the bank statement you have provided. The income seen in your bank statement appears indicative of a large business activity; however the documents you have provided to me do not support this. In the absence of satisfactory evidence I am unclear how income is generated and therefore I am not satisfied that your circumstances are as you have indicated. This in turn means that I am not satisfied as to your intentions in wishing to travel to the United Kingdom now. I am not satisfied that you are genuinely seeking entry as a visitor or that you intend to leave the United Kingdom at the end of the period of the visit as stated by you.” 41 (i)(ii)

     



If you have encountered some of these objections while you were refused then contact us for sure shot appeal approval.

Courtesy: Euro Educational Consultants

 

 

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