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 (Father, Mother, Brother, Sister, Son, Daughter only, provided that they are permanent residents of UK and its colonies.)
- 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:
- I note that you have previously traveled to the United Kingdom in 2009, and with your earlier application provided full details to satisfy the Entry Clearance Officer (ECO) at that time that you had met the requirements of the Immigration Rules as a visitor; however each case must be decided on its individual merits at the time of application. I note that you were last issued with a visa for the United Kingdom in 2004 which is 8 years ago. I am aware that circumstances can change in such a lengthy period. Applicants are advised through our website, call-centre and notices of the types of documents they should supply in order to satisfy the ECO that they meet the requirements of the Immigration Rules for the category in which they are applying.
- You claim to earn about Pak Rs. 120,000 per month. You have failed to provide reasonable evidence of this, such as pay slips or other official record. Furthermore, your claimed income is not reflected in your bank statement. I also note that on 12/08/2012 just one month before you lodged your visa application, you happen to deposit an amount of Pak Rs. 500,000 into your bank account. You have not provided any evidence as to where these funds came from? In the absence of satisfactory evidence I am not satisfied that your personal circumstances are as stated and I am therefore not satisfied that you are a genuine visitor or that you will leave the UK on completion of your proposed visit.
- I note that you have previously traveled to the United Kingdom, and with your earlier application provided full details to satisfy the Entry Clearance Officer (ECO) at that time that you had met the requirements of the Immigration Rules as a visitor; however each case must be decided on its individual merits at the time of application. I must consider that the last time you applied for a visa was over 3 years ago and although you did comply with the terms of your visa, there may be significant changes to your own circumstances
- The onus is on you to qualify for entry clearance based on your own circumstances and your own intensions. You have said that your Uncle will help you with this visit by paying for your maintenance and accommodation whilst you are in the United Kingdom and I am satisfied that he is in a position to do so. But whilst I take that into account in assessing your proposed maintenance and accommodation in the UK, that is only one aspect of the visitor rules and this sponsorship does not satisfy me of your own intention to leave the UK on completion of your visit.
- I acknowledge that you have been employed full-time in P.I.A and that the documents you have provided reveals the full details that you are earning a monthly salary of Pak Rs. 60,000/- However you have also indicated that you intend to take £2,000 (Pak Rs. 300,000/-) as an amount for stay in UK for 2 months. This amount is 6 times more than your claimed monthly salary. I am therefore not satisfied on the balance of probabilities that you would be able to furnish your expenses during your proposed stay in the UK.
- You have stated that you intend to travel to UK to see your brother over there. However, you have no evidence of travel and compliance with immigration procedures similar to those of the United Kingdom which offset my other concerns. In the absence of such history of compliance and in light of the lack of evidence in your application, 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 you. Furthermore, I am not satisfied that you can meet the cost of your return or onward journey.
- I acknowledge that you are self-employed running a business by the name of DECK PUBLISHERS and that the documents you have provided reveals the full details that you are earning a monthly income of Pak Rs. 200,000/- However you have also indicated that you intend to take £4,000 (Pak Rs. 600,000/-) as an amount for stay in UK for 2 months. This amount is 3 times more than your claimed monthly salary. I am therefore not satisfied on the balance of probabilities that you would be able furnish your expenses during your proposed stay in the UK.
- On your application you have said that you have been employed since 1990 and that you earn a total monthly income of Rs 72998 (£493) a month. As evidence of this, you have presented a letter from your employer and a number of pay slips however I note that your claimed income is not reflected in the bank statement you provided. I am therefore not satisfied that you can meet the cost of your return or onward journey.
- On your application you have said that you are self employed and that you earn a total monthly income of Rs 500,000 (£3351.52). As evidence of this you have presented a business letter, a membership certificate from The Lahore Chamber of Commerce and industry, income tax statements and an affidavit 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. The affidavit itself carries little evidential value because any affidavit can be drawn up to specify any details. At a little cost, with no requirement of any supporting documents on the request of the individual purchasing the affidavit. In addition, I note that you have submitted a business bank statement however this statement represents funds for business purposes and therefore cannot accurately reflect your personal and financial circumstances in Pakistan. In light of this, I am not satisfied that this bank statement can be considered an accurate reflection of your circumstances. I am therefore not satisfied that you are employed as stated or that you have therefore presented your circumstances in Pakistan and this undermines the overall credibility of the application. 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.
- You claim to earn about 25,000 PKR per month. You have failed to provide reasonable evidence of this, such as tax documents or pay slips or other official record. Furthermore, your claimed income is not reflected in your bank statement. In the absence of satisfactory evidence I am not satisfied that your personal circumstances are as stated and I am therefore not satisfied that you are a genuine visitor or that you will leave the UK on completion of your proposed visit.
- You are employed by Pakistan International Airlines. In support of your application you have submitted a bank statement and letter from your employer. I am satisfied that you are employed as claimed. However, you earn PKR60,000 (£412) per month. You intend to travel to the UK with your wife and child. The only asset you have declared is a house but you have provided no documentary evidence to support this. As such, I am not satisfied that you have substantial ties in Pakistan to encourage you to leave the UK at the end of your proposed visit
- On your application form, you state that you intend to stay with your brother, and that he will maintain and accommodate you, and I have considered his sponsorship declaration form. You have provided no documents setting out your sponsor’s personal or financial circumstances, the type of accommodation he lives in or his overall financial commitments. This means I am not satisfied that your brother-in-law is able to maintain and accommodate you as declared. I am therefore not satisfied that your intentions are as declared by you or that you are genuinely seeking entry as a family visitor as stated by you
- You have stated that you wish to visit your brother, Muhammad Asad, in the United Kingdom for 2 months. You state that you are self-employed in Pakistan as the owner of “Mehru Jewelers” and that you earn approximately Rs, 150,000 (£1,008.33) a month. As evidence of your business you have provided a self-written reference letter; a bank statement and hand-written receipts; however, I am not satisfied that these documents are satisfactory as evidence of your self-employment and income. Your monthly income is not reflected in your bank statement and although the receipts you have submitted show transactions, I note that they all state “estimate” at the top and therefore it is not clear whether these are receipts for money received or quotations. As a result, on the basis of the evidence before me I am not satisfied that your circumstances in Pakistan are as you have stated.
- You have applied for a visa along with your parents. I note that their visa applications have been refused. As they are no longer traveling to the United Kingdom and no other reason for your travel without them has been put forward, I am not satisfied as to your intentions in wishing to travel to the United Kingdom now. As a result I am not satisfied that you are genuinely seeking entry to the United Kingdom as a child visitor, that you intend to leave at the end of your proposed visit or that suitable arrangements are in place for your travel to, reception and care in the United Kingdom
- 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.
- In relation to your Standard Chartered Bank you have also not provided any evidence of the origin of funds in this account either, especially as the funds in the statements you have provided are significantly more than your claimed income per month and as stated on your tax returns. As you have not provided any information, for me to consider, in relation as to the origins of these large deposits I cannot, for the reasons detailed, be satisfied that you have provided me with adequate reflection of your financial circumstances
- 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.
- 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).
- 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
- 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).
- 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.
- 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)
- 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.
- 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)
- 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)
- 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)
- On your settlement visa application, you have stated that you are a government
employee currently serving Pakistan Navy full time since 7 years as Lieutenant. However you have not provided any official document / NOC to satisfy me on the balance of probabilities that your department is aware of your plans to leave UK permanently and that they would not have any objections should you decide to settle in UK with your spouse. - 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)
- 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)
- 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.