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On the balance of
probabilities
THERE ARE TWO TYPES OF VISIT
VISAS TO UK
Most popular "Copy/Paste"
objections for visit visa refusal:
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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.
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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.
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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).
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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
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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).
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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.
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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)
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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.
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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)
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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)
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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)
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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)
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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)
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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)
-
“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.
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Appeal VS. Visa Refusal
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