I have previously entered the UK as a tourist, in 2007 for 20 days. Last month I applied for a Standard visa to visit my brother who is temporarily resident in the UK. My brother has his own home there so I would not incur accommodation charges for my visit. With my application I submitted:

  • Invitation letter from my brother in which he mentioned all food and travel expenses will be borne by him and I would stay with him in his own home.
  • My brother's bank statement (approx £3k closing balance), his property papers, passport copy, visa copy, National Insurance copy, telephone expense copy, pay slips, letter from his current employer that he wants to invite his brother to the UK (same documents for my sister-in-law).
  • My bank statement (~INR 200,000 closing balance), three months of salary slips, NOC from my employer regarding my visit to UK and leave approval, my appointment letter and job confirmation letter.

However my application was rejected:

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I had a return air ticket booked seven months previously but forgot to submit it.

After seven days I reapplied with additional documentation:

  • After a further deposit of INR 190,000, a bank statement showing a closing balance of INR 390,000 and a covering letter explaining that my mother is partially sponsoring me for the trip and that the additional deposit was her gift.
  • New invitation letter from my brother where he accepts full responsibility and guarantees I will return to India on the date of my return flight.
  • My confirmed return tickets.

My application was again rejected on the following grounds:

  • My salary is 25k and they are not convinced.
  • I am not able to provide enough evidence due to which they rejected earlier
  • INR 190,000 deposited in my account but they are not convinced that this is from my mother and doubt my financial situation.
  • They are not sure that my sponsor (my brother) will take full responsibility/guarantee that I will return to India.

Moreover they mentioned that no one is stopping my brother from visiting India and there are other modes of communication where we can connect.

I don't know what to do to convince them I am a genuine visitor. I don't have any intention of overstaying as I have a pretty decent job in India and own a home and a vehicle. Why would I become a defaulter?

What should I do now?

Can I apply for a third time?

If yes, what documents do I need to show?

If rejected again, will I be banned from visiting the UK?

  • 4
    Your question looks fine, in fact it may even have an answer here. Something bothers me though, we don't have 'temporary citizens' in the UK. It's "in for a penny in for a pound" as far as citizenship goes. Would you clarify this part please? Meantime I will check if we have an existing answer all ready to go for you. – Gayot Fow Aug 15 '15 at 18:35
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    Also, I am really grateful for the scan of your refusal notice. It looks like, however, that's it's from your first refusal, yes? Would you please scan the second notice and edit your question to include the second notice so we can get a useful answer out to you? Thanks. – Gayot Fow Aug 15 '15 at 23:40
  • Thanks for quick reply, i have added second refusal image above. And regarding temporary citizen, apologize for incorrect term. He has Work Permit Visa (type: Spouse/Partner leave to remain) Looking forward for your support Regards – user33045 Aug 20 '15 at 5:49

They got you on V 4.2 (a) + (b). These two taken together in the overall context of the refusal indicate that you are an applicant who intends to go underground and eventually build up a case for settlement.

They reached that conclusion by seeing that your bank accounts suggested a highly disproportionate amount reserved for your trip and genuine visitors plan to spend a more reasonable level of their reserves.

They also noted that you have contacts in the UK who might be willing to harbour you unlawfully while you looked for work or built up a case for settlement.

Your showing them return air tickets will not change the conclusions they have reached. Air tickets do not establish intent to use them.

If rejected again, will I be banned from visiting the UK?

There is a clause in Paragraph 320 where they can ban a person for frivolous applications, you should try to steer clear of it by substantially improving the quality of successive applications. Otherwise it's fine to try again if you think you can improve the result.

  • 3
    Consistent with "A broader issue for IOs and CIOs, however, is how passengers – especially those in poorly paid jobs – can afford to make a trip in the first place. Officers reported being suspicious when a passenger has paid the equivalent of two, three or even six months’ salary to come to the UK just for a holiday. ... officers can also be dubious if passengers are coming for a two or three week holiday, querying whether someone would “save for two years” for such a short trip." statewatch.org/news/2007/jan/… , p.14 – A E Aug 25 '15 at 14:32
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    @AE, yes, that's a very helpful report. More for the IO than the ECO, but indeed valuable. If you make an answer citing the report I can up vote it if you ping me – Gayot Fow Aug 25 '15 at 14:35
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    @AE that's an interesting perspective on the whole idea. – Burhan Khalid Nov 14 '16 at 5:29

protected by phoog Jul 1 '17 at 3:36

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