Contesting a visitors visa refusal - Tirana

My husband's cousin made an application to the British Embassy in Tirana for himself and his wife to visit the UK for 1 week at New Year, and we sponsored their application. He has travelled to the UK before, and he and his wife have travelled to Dubai and Tunisia and Italy to my knowledge. This is the refusal notice he was given:

You claim to be paying for your visit and in support of your application you have provided some evidence of funds by way of a bank letter that purports a balance in your favour. However, I have seen no history or provenance for these funds, nor have I seen any evidence of other assets that could explain the amount of money shown. I am not satisfied, therefore, that the funds have not been deposited solely to facilitate your entry clearance. Nor am I satisfied, on the balance of probabilities, that such funds will be available to you during your proposed stay. I am not satisfied therefore, on the balance of probabilities, that you will be able to maintain and accommodate yourself without taking employment or having recourse to public funds during your proposed visit. 41 (v)

I have doubts about authenticity of your claim that you have an active business in Albania, as I have seen no evidence to suggest that you are actually trading at the time of this application and that you do not appear to be subject to taxation or social security payments.

I note that you claim to have returned to Albania after one week following your visit to the UK as a tourist in 2004. However, I note that there is no clear evidence in your passport to demonstrate your precise date of travel back to Albania from the UK. I find therefore, that the fore going leads me to doubt that you have given a true account of your previous visit to the UK and that you a (sic) genuine visitor for a limited period on this occasion.

As such I have doubts that you have strong economic ties to Albania to satisfy me of that (sic) you intend to leave the UK but rather 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)

I therefore refuse your application.

I have sent an email to the Entry Clearance Manager addressing the points raised in the refusal notice, and explaining any evidence they feel is lacking can be provided. With regard to the lack of evidence of a return date to Albania in his passport, his passport was stamped, but only the month and year are visible. However, as the return month and year are the same as the month and year he entered Gatwick, I don't see the problem. He clearly didn't overstay his visa.

Anyway, I've had no reply to my email, and my husband called the embassy yesterday to try to speak to the visa section to discuss the matter. They told him they no longer deal with enquiries, and he must dial a UK number (020 7..., so it's a London number) instead, but the call will encur a charge of $14. This is getting ridiculous. When my brother-in-law's visa was refused earlier this year, I spoke to someone at the embassy who advised me to send an email challenging the points raised in the refusal notice, and advise of any more evidence that could be provided in support. I did so, and they granted his visa. Looks like they are now no-longer going to play ball.

Does anyone have any advice? We don't really want to have to go through the appeal process, but the principle of the whole thing irks me so much.

Clairey, sorry to hear another family member got refused! Does your husband's cousin have any additional evidence that he could add? Maybe he could make a fresh application? I don't really have much in the way of advice, but I hope you are able to get it sorted!

Thanks honey. I just find it hard to understand when he's been here before and returned. I said in my email he can provide detailed statements for his bank account, and he can get his tax documents for his business (although in Albania, apparently you are not supposed to removed them from your place of work in case of a random tax inspection), but I've had no reply. It's a shame the guy who helped me with my brother-in-law's visa must have left, as his email account has been deactivated oh well, what can you do?

Hi Clare - is he your husband's first cousin? If he is a more distant cousin, he can't appeal anyway.

It's a good idea, in any application, to provide all relevant documents, not to say they are available if needed.

Hi, yes he's my husband's first cousin.

He gave them all the documents he could at the time - unfortunately as I said, tax documents are to be kept at the place of business in Albania, as spot checks are carried out, and if you don't have the documents there, you will be arrested.

I pointed out in my email that if they really want to know when he returned to Albania after his trip to the UK, they could contact Albanian immigration, as passport details are entered into their system upon arrival. Or they could check with the airline he flew with.

And is it just me, or is the tone of the refusal note somewhat rude?

Yes, it is rude. But they generally are impolite, I'm afraid.

For the tax documents, could they be certified as copies by a solicitor, perhaps? That might help.

I've had no reply from either the embassy (despite sending my email to 8 people at the embassy) or from Worldbridge. Everytime we've tried calling the 020 7 number, there's been no answer. I'm so frustrated by the lack of communication from the embassy and this new company that are dealing with enquiries. Does anyone have any ideas on what we should do next?

Thanks,
Claire

Was he given an appeal form (AIT2) with this refusal?

Victoria

I'll have to get my husband to ask him - I'm not sure.

Last time this happened to my brother-in-law, I spoke to someone at the embassy, explained the situation, he asked me to provide any other info, which we did, and they granted the visa. This time it's like the shutters have come down and no-one's willing to listen!!

clairey wrote:Does anyone have any advice? We don't really want to have to go through the appeal process, but the principle of the whole thing irks me so much.

I sympathise (had a visit visa I sponsored turned down earlier this year.

There *is* no right of appeal against refusal of a visit visa by the way.

mym wrote: There *is* no right of appeal against refusal of a visit visa by the way.

There is a right of appeal if it is a family visit visa.

avjones wrote:

mym wrote: There *is* no right of appeal against refusal of a visit visa by the way.

There is a right of appeal if it is a family visit visa.

Glad to hear it :)

(BTW, see peewheet if you want my latest news Amanda)

I think the statement below is slightly misleading, firstly there is no such special category called "family visit visa" for visiting UK.

If the poster meant family permit, as far as I'm aware, those visas are only issued to non-EU spouses of EU member state citizens.

Re: Right of appeal for refusal, its best to contact an immigration lawyer who is a subject matter expert.

avjones wrote: There is a right of appeal if it is a family visit visa.

vin123 wrote:I think the statement below is slightly misleading, firstly there is no such special category called "family visit visa" for visiting UK.

Oh I think you'll find Amanda knows her stuff, it is her job after all...

Read http://tinyurl.com/yebor3 for details of appeals.

And on the VAF 1 it states

SECTION 1 - WHAT TYPE OF VISA ARE YOU APPLYING FOR?

• Please tick the appropriate box.

Visitor
Family Visitor
EEA family Permit

If the poster meant family permit, as far as I'm aware, those visas are only issued to non-EU spouses of EU member state citizens.

You're confusing the Family Visitor Visa with the EEA family Permit

vin123 wrote:I think the statement below is slightly misleading, firstly there is no such special category called "family visit visa" for visiting UK.

If the poster meant family permit, as far as I'm aware, those visas are only issued to non-EU spouses of EU member state citizens.

Re: Right of appeal for refusal, its best to contact an immigration lawyer who is a subject matter expert.

avjones wrote: There is a right of appeal if it is a family visit visa.

Oh, a little learning is a dangerous thing!

I didn't mean family permit. Had I meant it, I would have said it. I meant family visit visa, so that's what was written.

"firstly there is no such special category called "family visit visa" for visiting UK"

that'll come as a bit of a shock to the Immigration Judges who regularly hear such appeals, not to mention those like me who conduct them!

Here is the relevant framework.

The Nationality Immigration and Asylum Act, s.90, is headed "Non-family visitor" and that section provides:


(1) A person who applies for entry clearance for the purpose of entering the United Kingdom as a visitor may appeal under section 82(1) against refusal of entry clearance only if the application was made for the purpose of visiting a member of the applicant's family.

(2) In subsection (1) the reference to a member of the applicant's family shall be construed in accordance with regulations.

(3) Regulations under subsection (2) may, in particular, make provision wholly or partly by reference to the duration of two individuals' residence together.


Then, "The Immigration Appeals (Family Visitor) Regulations 2003" say:

The Secretary of State, in exercise of the powers conferred on him by sections 90(2) and (3) and 112(1), (2) and (3) of the Nationality, Immigration and Asylum Act 2002[1], hereby makes the following Regulations:

1. These Regulations may be cited as the Immigration Appeals (Family Visitor) Regulations 2003 and shall come into force on 1st April 2003.

2. - (1) For the purposes of section 90(1) of the Nationality, Immigration and Asylum Act 2002, a "member of the applicant's family" is any of the following persons -


(a) the applicant's spouse, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece or first cousin;

(b) the father, mother, brother or sister of the applicant's spouse;

(c) the spouse of the applicant's son or daughter;

(d) the applicant's stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister; or

(e) a person with whom the applicant has lived as a member of an unmarried couple for at least two of the three years before the day on which his application for entry clearance was made.


(2) In these Regulations, "first cousin" means, in relation to a person, the son or daughter of his uncle or aunt.




Beverley Hughes
Minister of State, Home Office

5th March 2003

EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations define who is to be regarded as a member of the applicant's family for the purposes of section 90 of the Nationality, Immigration and Asylum Act 2002 (the Act), which gives a person who seeks to enter the United Kingdom as a visitor the right of appeal against a refusal of entry clearance only if the application for entry clearance was made for the purpose of visiting a member of his family.


So ABSOLUTELY nothing to do with EEA nationals. Family visit visas. As I said.

Just to clarify as well, he applied for a visitor's visa with the intention of visiting his 1st cousin (my husband) for 1 week. No intention of settling here. So yes, a family visit visa

I've been speaking to the applicant's sister, and it turns out he had a bank book that showed the last 4 years of activity on the account. It seems the EO has ignored that if you read the refusal notice.

Hi
I can only share my experinace here

My father-in-law applied to visit us from pakistan and his visa was refused. The reason was that they couldnt find strong relation between him and pakistan for him to come back. and also how he was going to use the money he had shown in the statements in the UK.
Now my fater-in-law is very well to do doctor, he has a lot of property in pakistan, his sons go to college there and almost every thing he has is in pakistan.

he was utterley annoyed with this and decided to appeal against it. There was an appeal form with the refusal. He told me later that he explained that he is well-to-do, has no reason to stay in uk over the visa limit and every thing he knows is in Pakistan. Also he said that money is in bank in pakistan, if he were to go he would convert it to travelers cheques and that it was silly of them to ask how he is going to use this money in the uK.

his appel was approved and his visa was granted, but he decided he didnt like visiting UK any more and cancled his trip because he was so annoyed.


I suggest that your husbands cousin launch an appeal and explain each and every point with attested photocopies of evidence from local lawer.

hope fully they would get the visa, but please rememebr that it is quite a long process. I guess no one replied to your emails as it is stated on ukvisas website that if you dont agree with the refusal you have to appeal and there is no other way about it i think
best of luck
take care

mym, avjones,

I would kindly refer your attention to :


which list all the purpose, and a family visitor is not included in the list.

My intention is not to question your knowledge, its the clarity of information.

The above information is from ukvisas.gov.uk. Of course, for application and appeal purposes, a visit is classified as "family visit" is eligible ; but a visa is never a "family visit visa" its stays as a "visitor visa" always. However little the knowledge is, if it is clear and helps someone I'm happy and stand to remain corrected. Hope you get that point.

I'd stop digging, if I were you...

vin123,

As Amanda Jones previously pointed out, a family visitor is indeed classified as a visitor, but has more right of appeal than a Non-family visitor:

(1) A person who applies for entry clearance for the purpose of entering the United Kingdom as a visitor may appeal under section 82(1) against refusal of entry clearance only if the application was made for the purpose of visiting a member of the applicant’s family .

(2) In subsection (1) the reference to a member of the applicant’s family shall be construed in accordance with regulations.

(3) Regulations under subsection (2) may, in particular, make provision wholly or partly by reference to the duration of two individuals' residence together.

(4) Subsection (1) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 84(1)(b ) and (c ).

where family is defined in The Immigration Appeals (Family Visitor) Regulations 2003.

See also 26.8.1 - Family visitors and Chapter 27 Annex 8.

I suspect people use the term "family visit(or) visa" simply to highlight that it's different from a non-family "visitor visa" with regards to appeal rights.

vinny wrote:I suspect people use the term "family visit(or) visa" simply to highlight that it's different from a non-family "visitor visa" with regards to appeal rights.

And because the VAF1 form calls it that.

vin123 wrote:mym, avjones,

I would kindly refer your attention to However little the knowledge is, if it is clear and helps someone I'm happy and stand to remain corrected. Hope you get that point.

And I would refer you to the The Immigration Appeals (Family Visitor) Regulations 2003, and suggest, like mym, that when in a hole, stop digging!

If you are posting "knowledge or information" based on the strength of the signature, please be reminded that a "visitor visa" is a document that is issued at the end of the day, and there is no special purpose visa called "family visitor visa".

For categorisation, application streamlining, processing and of course immigration appeals (somebody's breadwinner!) there is legislation put in place as regulatory rules of compliance for a "family visit", and for appeal against "entry clearance" refusal based on immigration grounds.

Or in other words, entry clearance given for the purpose of family visit doesn’t make a visa a glorified "family visitor visa"

Reading information showing documents such like; apple = a fruit, orange = a fruit, and then someone pasting apple = orange (oh yeah, you will get supporters too !) based on the above makes it only laughable and hilarious !.

Information - when kept simple, there is high value to it.
Ah, its time stop my lecture and yeah ...thown my axe away ! God bless.

avjones wrote:

vin123 wrote:mym, avjones,

I would kindly refer your attention to However little the knowledge is, if it is clear and helps someone I'm happy and stand to remain corrected. Hope you get that point.

And I would refer you to the The Immigration Appeals (Family Visitor) Regulations 2003, and suggest, like mym, that when in a hole, stop digging!

vin123 wrote: Reading information showing documents such like; apple = a fruit, orange = a fruit, and then someone pasting apple = orange (oh yeah, you will get supporters too !) based on the above makes it only laughable and hilarious !

It may be better to use Sets rather than just equality.

In your example, we would have:
fruit is a set
apple is a member of the fruit set
orange is a member of the fruit set

Similarly, we have

"family visitors" is a set;
"non-family visitors" is a set;
"visitors" is a set;

where "family visitors" is a subset of "visitors"
and "non-family visitors" is a subset of "visitors"

i.e. Suppose that x is a person, then

if x is a member of "family visitors" then x is a member of "visitors"
if x is a member of "non-family visitors" then x is a member of "visitors"