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I was misquoted on UK visa application

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TGB87
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Posts: 11
Joined: Tue Oct 22, 2013 1:41 pm

I was misquoted on UK visa application

Post by TGB87 » Tue Oct 22, 2013 3:32 pm

I was refused a UK visa (general visitor) after travelling to the UK with my Pakistani passport 8 times in the last 10 years. In his/her decision reasoning, the ECO said I stated in my application that I would be travelling alone and I had not mentioned the wherabouts of my wife. Actually I had answered yes to both questions "does your wife live with you?" and "will your wife be travelling with you?" I had also mentioned the rest of my family will be travelling with me.

He/She used that information to deduce I was not intending a short stay and hence the refusal.

Obviously, I have been misquoted. I have only been given a limited right to appeal. What options do I have now?

I have the pdf copy of my online application saved as proof.

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Choc-Ice
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Posts: 245
Joined: Tue Mar 26, 2013 7:58 pm
Nigeria

Re: I was misquoted on UK visa application

Post by Choc-Ice » Tue Oct 22, 2013 10:16 pm

TGB87 wrote:I was refused a UK visa (general visitor) after travelling to the UK with my Pakistani passport 8 times in the last 10 years. In his/her decision reasoning, the ECO said I stated in my application that I would be travelling alone and I had not mentioned the wherabouts of my wife. Actually I had answered yes to both questions "does your wife live with you?" and "will your wife be travelling with you?" I had also mentioned the rest of my family will be travelling with me.

He/She used that information to deduce I was not intending a short stay and hence the refusal.

Obviously, I have been misquoted. I have only been given a limited right to appeal. What options do I have now?

I have the pdf copy of my online application saved as proof.
Why not just re-apply and attach a cover letter detailing where you were misquoted? I don't see much point in appeal when you have limited rights..This is just my opinion!
IMpossible is 2 letters to long!

TGB87
Newly Registered
Posts: 11
Joined: Tue Oct 22, 2013 1:41 pm

Re: I was misquoted on UK visa application

Post by TGB87 » Wed Oct 23, 2013 2:49 am

Choc-Ice wrote:
TGB87 wrote:I was refused a UK visa (general visitor) after travelling to the UK with my Pakistani passport 8 times in the last 10 years. In his/her decision reasoning, the ECO said I stated in my application that I would be travelling alone and I had not mentioned the wherabouts of my wife. Actually I had answered yes to both questions "does your wife live with you?" and "will your wife be travelling with you?" I had also mentioned the rest of my family will be travelling with me.

He/She used that information to deduce I was not intending a short stay and hence the refusal.

Obviously, I have been misquoted. I have only been given a limited right to appeal. What options do I have now?

I have the pdf copy of my online application saved as proof.
Why not just re-apply and attach a cover letter detailing where you were misquoted? I don't see much point in appeal when you have limited rights..This is just my opinion!
Thanks.

I had travel plans to the UK, but instead I will be travelling elsewhere this autum. Therefore, I will be able to reapply before 50 days from today.

Reapplication will mean that because of the ECO's error:

(i) I will be unable to travel to the UK this Autum;
(ii) There will be a permanent record against me--I will always have to say yes to "have you ever been refused..." depriving me of privileges such as priority visa application.
(iii) Losing $1300 that I paid as application fees.

I do plan on reapplying eventually, if things don't work out but I feel this would be highly unfair. It seems that the ECOs are not answerable to anyone.

On the decision letter the ECO mentioned that my host wasn't expecting anyone. He/she later mentioned that I had not provided enough details of my personal circumstances and those of my sponsor. I would be paying for my entire trip and not my host.

Based on the interview with my host and the false assumption about my wife, the ECO concluded "based on the balance of probabilities" that (i) I would overstay, (ii) I would not be accommodated. This is ridiculous. Even if the above observations were correct, based on my recent travel history, the balance of probablities is in my favour. I have been out of my country for at least 4 months out of the last 6 travelling to the USA, China, India and a host of other countries. Furthermore, one of my passport has a Canadian landing visa on it. If I really wanted to settle elsewhere, it would have been Canada of which I am a PR! Secondly, with so much travelling and that I have been to the UK 8 times in the last 10 years, I still can not understand how it is probable that I would somehow not be accommodated this time! With my relationship with the host, I only contact him 2-3 days before I come.

Personally, based on the balance of probabilities, I can not rule out the fact that my application was decided on factors other than merit. It may have been an error but it is possible the ECO had predetermined the fate of my application and was just looking for reasons to justify it.

I was advised by the local office to email the British embassy in my country and I have done so explaining the circumstances. Is there any other places I could approach? Is this misconduct on part of the office?

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Choc-Ice
Member
Posts: 245
Joined: Tue Mar 26, 2013 7:58 pm
Nigeria

Re: I was misquoted on UK visa application

Post by Choc-Ice » Wed Oct 23, 2013 11:45 pm

TGB87 wrote:
Thanks.

I had travel plans to the UK, but instead I will be travelling elsewhere this autum. Therefore, I will be able to reapply before 50 days from today.

Reapplication will mean that because of the ECO's error:

(i) I will be unable to travel to the UK this Autum;
(ii) There will be a permanent record against me--I will always have to say yes to "have you ever been refused..." depriving me of privileges such as priority visa application.
(iii) Losing $1300 that I paid as application fees.

I do plan on reapplying eventually, if things don't work out but I feel this would be highly unfair. It seems that the ECOs are not answerable to anyone.

On the decision letter the ECO mentioned that my host wasn't expecting anyone. He/she later mentioned that I had not provided enough details of my personal circumstances and those of my sponsor. I would be paying for my entire trip and not my host.

Based on the interview with my host and the false assumption about my wife, the ECO concluded "based on the balance of probabilities" that (i) I would overstay, (ii) I would not be accommodated. This is ridiculous. Even if the above observations were correct, based on my recent travel history, the balance of probablities is in my favour. I have been out of my country for at least 4 months out of the last 6 travelling to the USA, China, India and a host of other countries. Furthermore, one of my passport has a Canadian landing visa on it. If I really wanted to settle elsewhere, it would have been Canada of which I am a PR! Secondly, with so much travelling and that I have been to the UK 8 times in the last 10 years, I still can not understand how it is probable that I would somehow not be accommodated this time! With my relationship with the host, I only contact him 2-3 days before I come.

Personally, based on the balance of probabilities, I can not rule out the fact that my application was decided on factors other than merit. It may have been an error but it is possible the ECO had predetermined the fate of my application and was just looking for reasons to justify it.

I was advised by the local office to email the British embassy in my country and I have done so explaining the circumstances. Is there any other places I could approach? Is this misconduct on part of the office?
I do understand where you're coming from but power lies with the ECO. According to UKBA :
The ECO is encouraged to make quick, pragmatic decisions to resolve applications, on papers where appropriate, using tructured Decision Making, their expertise, local knowledge and focussed interviews. The ECO should not rely unnecessarily on documentary evidence. If the ECO is satisfied, having assessed the papers, that the applicant qualifies for an entry clearance, there is no requirement for the applicant to be interviewed. If the applicant does not meet the requirements of the Rules the applicant should be refused without interview.
Because its not a point-based application, there is no admin review (Which would have been best in this situation). There's nothing you can do apart from re-apply or appeal on limited ground (which takes ages)! Good luck in your travels. :wink:
IMpossible is 2 letters to long!

TGB87
Newly Registered
Posts: 11
Joined: Tue Oct 22, 2013 1:41 pm

Post by TGB87 » Thu Oct 24, 2013 7:29 am

I believe that the nature of the error constitutes negligence/misconduct. It is not that they are doing me a favour by processing my application. I have paid a good amount of money and basic errors like the one in my application do not meet the standards one may expect from a service like this.

I'm still hopeful that the error is quickly rectified. I will also be consulting my lawyers to work out a plan to approach this.

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