Visa Refusals

If you have been refused visa in India: You can check more details here:

http://www.ukba.homeoffice.gov.uk/countries/india/refusals/?langname=null&randnum=1313425373637

or http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/appeals/

Some of the very common visa refusal reasons:

Visitors not confident on the duration of stay, place of stay and sufficient funds to support the stay. Visitors / Migrants using false/forged documents or have lied during their interviews can be banned from entry to the UK for upto 10 years.

Another common reason for refusal was "you wish to go to the UK for a holiday. You have never previously undertaken any foreign travel before and I can see little reason for this trip".

There is a case of a person whose request was rejected by an officer because they had "little or no idea what you plan to see or do". This was, because the person had answered the question on a form asking why they were going to the UK, with the words "annual leave vacation".

To ensure your visa is not rejected, ensure you provide all the documents in original , where possible (with each photo copy of the documents listed here.) Avoid scanned and faxed copies.

Note: Visa refusal rate is quite high in Southern part of India, especially for people applying from Hyderabad ( due to rise in forged / fake documents). It is as high as 30% for Dependant visas and 50% for visitor visas. Although the VFS claim the same to be less than 10% overall.

Once rejected you, need to re-apply paying the full visa fees again. Some applicant's do get a chance to appeal the decision with additional information or proofs, within 28 days of receiving the refusal. If the visa is refused, it best to re-apply, to avoid any additional agony and time.

Appeals are lodged with Asylum and Immigration Tribunal, in P.O Box 7866, Loughborough LE 11 2XZ, this usually takes 2-3 months and can go even longer.) or through the British High Commission application centre.

August 2010 : It was reported in the media that there was a steep rise in the appeals going in favour of immigrants (who's visa or entry to the UK has been refused ). As much as 50% of the immigrants had the final hearing in their favour due to the Home office representatives not turning up for the hearing. in 2008 and earlier it was less than 10%, it was reported.

Actual Visa refusal Note: (taken from a rejected dependant visa in May '08)
"You have not given reasonable evidence that suitable accommodation has been provided for you by your sponsor. So, I am not satisfied that this meets the reuirements of the Housing Act 1985 and that there will be enough room for you and any dependant.

You have not provided enough evidence to show your sponsor owns or rents property in which you plan to live, or that mortgage or rent payments are being made. Without this, I am not satisfied that the accommodation is secure, or that you can live in the accommodation without using public funds.
You have not provided any payslips or satisfactory evidence of regualr expenditure demonstrating that your sponsor is able to support you. I am not satisfied that you or your sponsor will be able to support you in the UK without working or using public funds."

Appeals


Once Visa has been refused. Your next action:

Prevention is better than cure, and most definitely so in the case of visa applications. It is essential that every visa application is planned and checked thoroughly by a person with the necessary expertise and experience in the field of immigration, as a seemingly irrelevant or incorrect detail or omission on a visa application can lead to a visa being turned down.

Visa applicants should therefore take the utmost care to ensure they are making use of reputable immigration firms or consultants, in order to prevent the frustration of a visa being turned down, not to mention the time and expense involved in re-applying or filing an appeal.

However, getting it right first time round is the best, all is not lost if your initial application is refused. Although there are risks and costs involved, in most cases an appeal or review of the decision is possible, and in many cases a successful result can be obtained.

If you recently had your Visa application denied or turned down, it is possible to lodge an appeal if you have been;

• 
  
  refused entry clearance;
• 
  
  refused entry to the United Kingdom;
• 
  
  refused an extension of stay;
• 
  
  been deprived of UK citizenship;
• 
  
  received a notice of deportation or;
• 
  
  received a notice of removal.

According to the Nationality, Immigration and Asylum Act 2002, there are a number of rights and grounds upon which appeals can be brought. Some of these grounds, which are set out in s. 84 of the Act, are as follows;

• the decision was not in accordance with immigration rules;
• the decision is unlawful according to the Race Relations Act 1976;
• the decision is unlawful under the Human Rights Act 1998 (HRA) and therefore not in accordance with your rights under the European Convention of Human Rights (ECHR);
• the decision breaches your rights as an EEA national or the family member of an EEA national under the Community Treaties;
• the decision-maker incorrectly exercised discretion under the Immigration Rules;
• or your removal from the UK would breach the UK’s obligation under the Geneva Convention on refugees or be unlawful under s. 6 of the HRA as being incompatible with your Convention Rights.

First things, first

Once you have been refused leave to enter or remain in the UK, the decision-maker (whether an entry clearance officer, immigration officer or the Secretary of State) will give you a written Notice.
This will include a statement of the reasons for the decision. If you are to be removed from the UK, the Notice will also state the country to which you are to be removed and it must also be accompanied or include the following:

• a statement advising you of your rights to appeal and the Statutory Provision upon which this right is based;
• the time limit for bringing your appeal;
• the address to which the appeal needs to be sent;
• a fax number for service by fax;
• whether there is an exception or limitation to your right of appeal;
• and whether further information is required under s.120.

You will also need to decide whether you wish your appeal to be decided at an oral or written hearing. Once your appeal forms are completed, you can send it either to the Asylum and Immigration Tribunal (AIT) or sometimes if you are outside the UK, to the British High Commission or Embassy in your country of application. The AIT is an independent tribunal and therefore it is not affiliated with the Home Office in any way.

If you are within the UK, your appeal should be filed with the AIT within 5 working days of receiving the Notice of Decision if you are in detention and within 10 working days if you are not. If, however, you are outside of the UK, your appeal must be received by the AIT or British High Commission or Embassy within 28 days (including holidays and non-business days) from when you received the Notice of Decision. Due to these time constraints it is strongly suggested that you contact one of our Visa Advisors as soon as you possibly can, as they are experienced in dealing with these deadlines.

Your Notice of Appeal is lodged. What next?

Once you have filed your appeal forms and supporting documents, the Entry Clearance Office which decided your case will review its original decision. If the review maintains the original decision, for non-settlement cases, the Entry Clearance Office (if you are outside of the UK) should take up to 8 weeks (11 weeks if lodged with AIT directly) to prepare the necessary documentation for your appeal.
If, however, your case is a settlement case it should take up to 16 weeks (19 weeks if lodged with AIT directly) and if it is for a visit visa, then it should take 12 weeks (15 weeks if lodged directly with AIT) to prepare the necessary documentation.

Will I need to go to the court?

If, following discussions with us, you have opted for an oral hearing, you will receive a copy of the Appeal bundle of the Entry Clearance Office or AIT documentation in advance of the hearing date. Breytenbachs will prepare all the necessary documentation for your hearing during this time, even if you are not within the UK at the time. We will attend the hearing on your behalf. Therefore if you are outside of the UK your appeal will still go ahead.

If you are within the UK, you will need to attend the hearing as main witness. If you have a sponsor, your sponsor can also attend the hearing as a witness in addition to you or in your absence. If you are attending the hearing, you should allow for the whole day, as appeals are not heard in a specific order on the day.

What happens after the appeal that has come and gone?
If you have attended an oral hearing, sometimes the Immigration Judge will give his decision at the end of the hearing but usually decisions are reserved and take 2 – 3 weeks to be received in writing. All appeal decisions are given in writing and are effective from date of written determination or promulgation. Where there has been no oral hearing the Judges’ determination will also be received in writing.

A word of Caution: Be wary of getting into the tarp of fake UK passports, IDs, Driving Licenses, as they have very high security feature and can be easily detected. UK Passports have a new security chip in it having all the details of the holder and hence unlikely to be forged.


Denial of Entry:
You can be denied entry on your arrival to the UK, even though you have a valid UK visa. The Immigration Officer, on various grounds refuse you entry, vis-a-vis your reason for entry, finances, local contact etc. The IO will give you reasonable time to put your case forward. If IO is not satisfied you would be provided with a written letter explaining the reasons for refusal. The airline which brought the visitor in will be asked to take the visitor to their home country.

Airlines pay for the return ticket in this and not the UK Immigration.

If you need further advice or assiatnce on appeals you can visit : http://www.justice.gov.uk/

May 2010:

Refusal Due to False Documents:

Original transcript of denial from ECO / UK Home office for submitting false MBA certificates:

Candidate had applied under Tier 1 General category

"In your application you, submitted false MBA and marks sheets from Magadh. I am satisfied that they are false because of check made by the deputy high commission on 29/3/10 and 30/3/10. As false documents have been submitted in relation to your application, it is refused under paragraph 320(7a) of the immigration rules. 

Any future applications will also be automatically refused, for the same reason, under paragraph 320(7b) of the UK immigration rules HC395 (as amended) until 13/4/2020, unless a concession applies. Because you have been refused under paragraph 320, the application automatically falls to be refused under paragraph 245(b) of the immigration rules HC 395 as amended."

Although the above restriction on paper is for 10 years, it could well mean a ban for lifetime from entering the UK. There may be an option to appeal against such a decision, a candidate faces a daunting task of hiring an counsel in the UK to represent him/her, spend a lot of time and money on this. Which can take several months to reach a conclusion.

July 2010:

Example of a student visa refusal, to a student applying to extend the student visa to return to London to complete studies or dissertation. The reasons sited were three,

1. Illegible document from the University (unclear scanning and absence of original document), hence doubting the authenticity of the document.

2. Unclear and without enough explanation for delay in education within the stipulated 18 months of course duration.

3. Bank statements submitted of a person but without stating the relations with the applicant.

Visitor visa refusal : To stay with British boyfriend:

You have applied to visit the UK for a period of XX days in order to see your boyfriend. You state that he will fund your entire trip and the documents you have provided satisfy me that he is able to do so, However, i must also look at your circumstances here in the Philippines. You are unmarried with no dependants and state in your application that you have no savings or property. You are also unemployed and i see that you are totally financially dependat on your sponsor. I am not satisfied that you are genuinely seeking to enter the UK for a limited period as stated by you. i am not satisfied that you have demonstrated sufficiently strong ties to the Philippines to make you to leave the UK.

I have therefore refused your application because i am not satisfied, on the balance of probabilities, that you meet of the requirements of the above paragraph (s) of the Immigration Rules.

Your right to appeal

Your application does not attract a full right of appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002. Your right to appeal is limited to any or all of the grounds reffered to in section 84(1) b and c of the Nationality, Immigration and Asylum Act 2002 namely:

b. the decision is unlawful by virtue of section 19B of the Race Relation Act 1976

c. that the decision is unlawful under section 6 of the Human Rights Act 1998

Our suggestion:

The main concern that the UK Border officer has is, whether you will return to your native country once your stay is over in he UK. towards that they need to see proofs like, bank statements, any property, social ties ( if you are a member of some society with some credibility), if you have any credit cards ( which can prove that you have a good credit history.)

You may also state your ties with your parents there and show that they are either dependant on you or you need them and hence will return to Phillipines. In the absence of strong proof that you will retrun to your country, I would say it will be very very difficult to obtain the visa.

Also, would not advise on appealing in your case, as it not only takes an awful long time, but also needs a lot of financial help and presence of your UK representative.

Settlement Visa Refusal due to Overcrowding clause of the housing act:

Your husband is joint owner of a house in which he lives with other owner, his wife and their 2 children. It’s therefore considered a multi occupancy property for which specific guidelines exist.

You have stated on the application form it’s a 3 bedroom property however I have seen no evidence of this & given there would appear to be atleast 5 people already living there, in the absence of an independent report or survey to substantiate the size of the premises & bedrooms and who resides there, am not satisfied that your additional presence in the house would not constitute over crowding under the 1985 housing act.

I have therefore refused your application because am not satisfied on the balance of probabilities that you meet all of the requirements of the above paragraph(s) of the immigration rules.

Our advise:

We will advise on submitting evidence that it is a 3 bedroom accommodation and if they are double bed rooms and submit the council tax and with your name on the tax notice and other accommodation evidences, like House Rental agreement. A survey report can be obtained from the council, like the one by Southampton council

Visa refusal due to false financial statements ( if refused under the Para 320(7A) or 320(7B). it can be sent for "Administrative review".)

Annex4: Administrative Review
Reviews of refusals made under paragraphs 320(7A) and 320(7B) of the Immigration Rules
26.The applicant may submit further information with the Administrative Review request, if the refusal is based on paragraph 320 (7A) or 320 (7B) of the Immigration Rules on General Grounds for Refusal.

27.If an application has been refused because a false document was used or a false representation was made, the applicant may claim that they were unaware of the false documents or false representations. The refusal will still stand but the applicant would have to prove that they did not know that false documents or false representations were used, if they are not to have any future applications automatically refused for 10 years. Where the documents related directly to the applicant (for example, employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (for example, written confirmation from an employer, financial institution or educational establishment that they had supplied us with incorrect information at the time we verified the original documentation).

28.If the administrative reviewer does accept that the applicant did not knowingly use false documents or false representations, the refusal will still stand, but the applicant will not automatically have any future applications refused under the rules (paragraph 320 (7B) where false documents or false representations were used.

January 2011: Denial of Entry to the UK on arrival.

One example of denial of entry to the UK and the reasons for the same.

26th July 2011:

By A:

My friend received a refusal, and the officer said that their records show that my friend had applied and refused a visa and then got departed to france back in september 2006. This is untrue since my friend  never was in france, never had a uk visa refusal and in sep2006 she was in thailand!

We are going to appeal, but we dont have full appeal rights, that is why i'm seeking any advice possible. If you can share your advice or guide me to some site or other advisor, i'd be very gratefull.

Best regards,
Ax.

By RK:

Hello,

Good day to you, I'd like some advice for applying for a student visitor visa. This is in reference to my wife who actually seeks the required visa. I'm basically from Delhi, India and presently in the UK doing my Marine Engineer's Course from Warsash Maritime Academy, Southampton (UK), and as such my wife was interested in taking up a 4 weeks course from London school of beauty and makeup. However her visa was refused the first time round for the July course the reasons being mentioned in the attached letter from UKBA. So we've instead requested the institute to shift her from June batch to August batch (course starting 30th August), and thus would like to reapply for the visa. Please advice how should we go about this as is it really advisable to reapply or the efforts will go in vain fearing rejection the 2nd time round.. Although she's had UK visa (spouse of ship's crew)on 2 occasions before although didn't get a chance to visit UK before. She's well travelled otherwise having valid US visa and of other countries of far east and Switzerland as well.  s far as the support documents are concerned, I provided the necessary financial documents of my bank statements, mutual funds etc. Please advice how should we go about it and is it important that if I'm here in the UK (on a student visitor visa as well)  then my wife cant get her visa or something?

Regards,
S

Hi S,

I have gone through the Visa refusal letter and the reasons mentioned there in. The UK Home office primarily analyses if a person is genuine visitor or student or not. In your wife's case, they have raised questions on :

1) Why all of a sudden there was a need to study the mentioned course
2) For a 4 week course, why a 5 month visa has been sought, although you have mentioned that other shourt term courses will be taken up for the rest of the term. ( You will need to show as proofs that you will be studying for the rest of the months and that again needs proper verifiable prrofs.)

If you really want her to visit you, you can instead apply for a visitor visa for 2-3 months or as the need may be. The UK BA is keen to know exactly what you will do for that lenght of time that you apply for a visa. Even if you apply for a visitor visa, you should mention what you want to see and who you want to visit.

Regards,
Avineet

By N:

Hi,

I have applied for business visa for UK for one week. The reason for denial that I forgot to mention a past denial of work permit on Point Based system 2 years back. I don't want to suppress or hide that information but missed in spur of filling all the details.  That was the innocent mistake for which I am fully responsible but want to correct. The counselor also did not provide the right of appeal and restrained it applying for further 10 years(320(7B)).

What are the option available to appeal and represent the correct picture so at least 10 year automatic rejection can be avoided in future. Any urgent response is highly appreciated.

Thanks & Regards
NM


January 2012

Hello,

I'm Ukrainian nationality leaving in Poland, have temporary residence repmit.

I have applied for a visitor's visa to UK for attending a training provided by UK company. My employer is paying all the expences and cost of the course. I have submitted all the documents along with my contract, bank statement, confirmation from the UK training provider company that I'm going to attend a course and company letter from my employer that I'll continue to work in my current company after my return.
I have a lot of visas in my passport to different countries including US, Austria, Cyprus - and never was refused a visa before. 

But my application was refused with the following reson: 

"I have refused you application because I'm not satisfied on the balance of probabilities, that you meet all the requirements of the relevant Paraghraph of the UK Immigration Rules.
Your right to appeal is limited to the grounds reffered to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002"

I don't understand what does it mean, and what was wrong in my application,
embassy and world bridge refuse to answer my request for clarifications but advise to apply secpnd time. But how can I apply second time if I don't know what was the reason for the first refusal?

Please help, is there any way to get the clarification? Can  I appeal ?

Thanks and regards,
Galyna

Answer:

Thanks for sending in the soft copies of the refusal letter. What I understand is that you have applied for a visa under the general Visitor visa category and the purpose mentioned is that of a training, which is not permitted under this category of UK visa.

They then considered your request under Business Visa which according to the Home office rules can be undertaken by only if your company's own branch is providing so in UK else if it is not your employing company then the training provider should be a contracted training provider for your company, in which case you may need to submit the contract that is signed by both the companies along with the visa request.

They did consider you finally under the Student visa category, however they mention that they do not see any proof of you being accepted as as a student.

You will need to either follow the student visa route and provide all the documents as per this category or under a business visa category, which then needs a contract between the training provider and your parent company.