3

My husband, my 4-year-old son and I as a family applied for a Family Visit visa last month to visit my husband's sister in UK. For documents we submitted everything that was required (employee certificate of my husband, bank statement, pay slips invitation letter from the family in UK, and tickets booking). The reason for refusal was a large deposit highlighted by them in the statement, which was indemnity or service money of deceased father of my husband. We got this from his company because my husband is the only son of his, and legal guardian of his mother and two sisters.

They rejected because of lack of evidence of this amount which we didn't provide them also they think that we will not leave UK and are trying to get entry in the UK. Although we have every evidence regarding money deposit and we are leaving behind our dependants in Saudi Arabia who are my husband's mother and sister, so we have their valid residents permit too. We are deciding to re apply for the visa with this evidence and support documents.

How far it's going to be approved?

⦁ THE DECISION

⦁ I Have refused your application for visit visa because i am not satisfied that you meet the requirements of paragraph V 4.2 of appendix V: Immigration rules for visitor because:

⦁ You proposed to travel to the UK for 45 days to visit your sister and her family. You have provided UK sponsor letter confirming your visit. In view of proposed close family visa i have therefore considered your application very carefully taking into full consideration the compassionate circumstances surrounding your application. I am however required to also assess your own personal, domestic and economic circumstances in determining whether you are a general visitor travelling to UK solely for the period and purpose you state.

⦁ I have noticed that you never previously travelled to UK or any other country with similiar immigration requirements,and you therefore do not have history of travel and compliance to consider.

⦁ As evidence of available funds, you have provided bank statements from NCB and riyad bank dated 18/11/2014 to 17/05/2015. You claim you are employed by ABC company and earning an average monthly salary of 2777 pounds. However I note that over this period there are salary payments are seen in the bank statement submitted. Furthermore there are large transfer and cash deposits which are six times your claimed salary. you have not provided evidence towards the origin of these recent deposits and in the absence of reasonable evidence. I am not satisfied that these bank statements accurately reflect your personal circumstances.

⦁ I have there been unable to assess your economic circumstances in KSA and as such i am not satisfied your income and circumstances are as you claim and therefore i am not satisfied that you are travelling to the uk for the period and purpose you state on this occasion.

⦁ I have therefore refused your application because i am not satisfied, on the balance of probabilities, that you meet all the requirements of the relevant paragraph V4.2 (a) (c) of the United Kingdom Immigration Rules.

⦁ Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the nationality, Immigration and Asylum act 2002.

  • also i want to add that we submitted for family visit for 6 month but in the refusal they started "YOUR APPLICATION FOR A BUSINESS VISIT VISA TO THE UNITED KINGDOM HAS BEEN REFUSED" also we sent the mail to consular in RIYADH if they have given a chance or ask us we must provide him a evidence towards the money deposit. but no reply from them we attached all the evidences. – maya sheikh Jul 5 '15 at 3:33
  • he meant that the salary my husband claimed of the amount mention 2777 (16,000 SR) were seen in the statement but furthermore there are large transfer too.. – maya sheikh Jul 5 '15 at 3:40
7

The refusal notice is wonky... The title identifies it as a business visit visa refusal, which is erroneous and unrelated to the application. The content refers to a 'family visa'. There's no such thing as a 'family visa' for visitors or even 'family visit visa'. The ECO refused on paragraph V4.2 (a) (c), but the reasons he wrote indicate he should have refused under V4.2 (e) instead. And the reference to "section 84(1)(c) of the nationality, Immigration and Asylum act 2002" is total whack from the blue. It's old legislation that has been superseded. Normally they are supposed to give at least two reasons, and in your case they gave only one. There could be a missing paragraph that got left out somehow. The sentences starting with "however" and "furthermore" don't make sense. (However to what?) They do not put junior ECO's in Saudi Arabia, so these errors might have been transcription errors by an assistant, or a mix-up in speed codes, or the word processor got confused, or something else. All in all, it's a poor quality refusal notice.

Those errors will not get them to reverse their decision. But it would be advisable to request a different ECO for your next application. They will do this without prejudice if you ask them to; plus an ECM will review the decision if it is adverse to you (normally refusals are randomly sampled).

In comments, you wrote that the salary deposits were in order. So the remaining issue is the provenance of the large deposits. Irregular deposits need to be explained carefully and extra evidence should be submitted to back up your explanation. If the deposits came from your father-in-law's death there would be documentation or correspondence from the estate executor or some other law firm that shows the amounts. You need to find that documentation and include it in your next application (translated to English with an apostille since they will be legal documents).

They usually do not like it when there is a provenance of funds problem because it looks like a 'funds parking' strategy where you are trying to make your financial capacity better than it is. They treat it as mildly deceptive, so you will need to include an explanation of why you did not include the appropriate evidence in your first application.

You wrote in your question that you included hotel bookings as evidence. This reduced the quality of your application because it shows you did not study the guidance. Be sure that your next application is informed by their guidance.

Despite the text in the refusal notice about appeals, there is no path of appeal available to you (they got that part flat-out wrong).

Once you have the necessary evidence, it's fine to apply again.

  • 1
    "you will need to include an explanation of why you did not include the appropriate evidence in your first application": would it be sufficient for the applicant to say that it was omitted because she did not appreciate the importance of including it until after reading the refusal notice? – phoog Jul 5 '15 at 7:30
  • If that's the reason, it should be sufficient... There's no right and wrong answer to the questions, it's just about showing that you were acting honestly and in good faith. As you say, you weren't aware of the concept of borrowing money to boost a visa application so didn't realise it needed to be mentioned. Also perhaps mention that as its a real 'one off' (which they can see from the evidence, since this isn't something that happens often) it's not something you've had to deal with before: you aren't familiar with these effects of receiving a large money transfer. – Jon Story Jul 5 '15 at 11:27
  • 1
    You may also wish to point out that (as the official themselves noted!) you haven't been through a comparable application before, and therefore had no frame of reference. You provided evidence you thought would be sufficient to support your application. Now that you've seen their concerns you're more than happy to provide additional evidence to clarify your circumstances – Jon Story Jul 5 '15 at 11:29
  • 3
    I submitted evry documents and i got the visa thank you so much everyone.. It's really a very helpful platform – maya sheikh Aug 6 '15 at 7:35
  • 1
    No it didn't take longer.. We applied with valid supported documents as a evidence which made our case stronger the next time.. Very unusual thing is happen with u that u didn't get the refusal letter and the valid reason why they refuse you.. Better you ask a new question here so the expertise may advice you ehat to do next – maya sheikh Oct 14 '15 at 11:07

Not the answer you're looking for? Browse other questions tagged or ask your own question.