Transit Visa refusal on FALSE/Incorrect information - How to make a claim for compensation/rectification?

[ShaunAlexander]

Good Day - I'm hoping someone can help me on here, the easiest way for me to explain my issue, and anger, is to attach excerpts of my emails to the Home Office, as well as Visa application, and refusal letter/reasoning etc.

I am actually disturbed that the UK Home Office could make such terrible errors: Please find my email explaining the complaint below, If I can attach supporting documents here, I will also do so.

"Good Day,

I would like to make a complaint about what I can only describe as GROSS negligence and Incompetence by your Home Office.

I am a Jamaican National, who has lived in Qatar for the majority of my life (Since 1991 - aged 8 years old) and even attended both QIS and Doha College (Up to Advanced GNVQ level).

My mother also lives here, and is the Head at XYZ. (Has also been here for 25 years plus).

I personally, run a relatively successful and growing online business here, have done for the past 3 years, and have had employment with firms such as ABC, DEF and so on before that.

Long story short, my Grandmother passed away at the end of last month, and her funeral was on the 7th of March (The Saturday which just passed). I was supposed to attend the funeral, so applied and paid for a UK transit Visa on 28th February (48 hour - two ways) along with a paid for return ticket which would see me transit directly through Gatwick en route to Jamaica (6th of March). Upon returning, again via Gatwick (20 - 21st of March) to Qatar, there would have been a 22 hour layover, so I thought it would be an opportunity to visit friends and family - as well as XXXX etc as I am a big Aston Villa fan (Have been for 25 years plus - although i'm aware this is inconsequential).

Due to the urgency and short timing, I paid for the PRIORITY visa application ( Which quotes a 5 working day turnaround time).

On the day of my flight, I visited the local VFS visa office to check on the status of my application, as I had heard nothing back. They told me that they had not received a response, and there was nothing they could do. I asked if it could even be changed from a 48 hour transit visa, to even a Direct Airside Transit visa, meaning I would not pass through border control and just to my flight, so I could make the funeral. The response was obviously again that there was nothing which could be done.

Seeing as I had now missed the funeral, I cancelled my flights via Expedia and requested a refund (which was processed).

Today, 9th March, 2020. I finally received a response from your Home Office, stating that my visa was refused - as well as the reasons for it. There are so many glaring errors within the rejection reasoning, it is disturbing that this has come from the UK Home Office.

Here is a transcript of the refusal letter - I will highlight the disturbing errors in BOLD.

" REASONS FOR REFUSAL NRA v 1.0
You have applied for a visa to visit the UK.
In deciding whether you meet the requirements of Appendix V: of the Immigration Rules for

visitors (https://www.gov.uk/guidance/immigration ... v-visitor-
rules), I have considered:

 your application
 your immigration history

The decision
I have refused your application for a visit visa because I am not satisfied that you meet the
requirements of paragraph(s) V4.2 of Appendix V because:
 You state that you intend to come to the UK for 6 days - IT CLEARLY STATES IN THE APPLICATION, AND SUPPORTING DOCUMENTS THAT I WAS DOING A DIRECT TRANSIT EN ROUTE TO JAMAICA - AND REQUESTING A 48 HOUR TRANSIT VISA UPON MY RETURN FLIGHT TO QATAR. You have applied for leave to
enter the UK for the purpose of tourism with your Polish National spouse. - ABSOLUTE NONSENSE, 1. I DON'T NEED TO APPLY FOR LEAVE AS I RUN MY OWN BUSINESS, THIS WAS NOT WRITTEN IN APPLICATION EITHER. 2. I DO NOT, NOR HAVE I EVER HAD A POLISH SPOUSE! I HAVE NO IDEA WHERE THAT INFORMATION WAS PLUCKED FROM - I WAS TRAVELLING ALONE!. 3. AGAIN, I CLEARLY APPLIED FOR A TRANSIT VISA, FOR MYSELF!
 You have stated that you are currently employed with an income of 144,000.00 QAR
per yearly (£30,333.02 @ exchange rate www.oanda.com). You have also stated
that the total amount you plan to spend on this visit 1,500 QAR (£315.97). You have
further stated that you spend 7,500 QAR (£1,579.86) on monthly expenses. I have
taken into consideration all the information you have enclosed in support of personal
and financial circumstances. However, I am not satisfied that you are currently
engaged in any ongoing employment; that you are in receipt of a monthly income
from this employment or that you possess the funds for this visit as stated by you in
your application form. Therefore this raises concerns as to your true intentions for
wishing to visit the UK at this time or that your current personal and financial
circumstances in Qatar are as stated by you. - 1. AS STATED IN MY APPLICATION, I RUN AN ONLINE BUSINESS HERE 2. SEEING AS I WAS ONLY GOING TO BE IN THE UK FOR A MAXIMUM OF 22 HOURS (NOT THE 6 DAYS - WITH A POLISH SPOUSE, AS THEY HAVE THEORISED FROM SOMEHWERE)- I ASSUMED THAT QAR 1500 WAS ENOUGH! 3. I INFORMED THEM IN MY APPLICATION, THAT I WAS CURRENTLY ON A FAMILY VISIT (6 MONTH VISA - Sponsored by my mother - THIS DOCUMENT WAS ALSO ATTACHED IN THE APPLICATION - VALID UNTIL MAY 2020), AS I AM IN PROCESS OF REGISTERING THE BUSINESS WITH A LOCAL PARTNER. IF THEY WANTED PROOF OF FUNDS, IT COULD HAVE BEEN SUPPLIED, PROOF OF SPONSORSHIP AND/OR MOTIVE/ IT COULD HAVE BEEN SUPPLIED.
 For the reasons stated above, I am not therefore satisfied that you are genuinely
seeking entry as a visitor; will leave the UK at the end of your visit or that you have
sufficient funds available to cover your costs whilst in the UK without working or
accessing public funds. Your application for a visit visa has been refused under
Paragraph V4.2 (a) (c) and (e) " AS OUTLINED IN THE ABOVE, WHAT ABSOLUTE NONSENSE. THIS ALL SHOWS THAT THEY EITHER DID NOT READ MY APPLICATION IN DETAIL, OR HAVE COMPLETELY MIXED UP MY FILE WITH ANOTHER PERSON.

Now seeing as I missed the funeral, after paying for the priority service, may I add, and have now received this error laden response, I need to get to the bottom of this somehow. My full return flight was paid for in advance, and all the supporting documents and bookings were attached to the application (None of which were obviously considered or even looked at). I requested and had a refund processed by Expedia.

The application process is grossly flawed, and the problem is now I am worried that a visa "rejection" on my record will affect other facets of my travel in future.

I urgently need a mode of communication and process to clarify and set this straight. I have attached my application and ALL the documents which were submitted along with it.

I am settled in Qatar and had, nor have ever had ANY intention of living in the UK!

[Zerubbabel]

3. I INFORMED THEM IN MY APPLICATION, THAT I WAS CURRENTLY ON A FAMILY VISIT (6 MONTH VISA - Sponsored by my mother - THIS DOCUMENT WAS ALSO ATTACHED IN THE APPLICATION - VALID UNTIL MAY 2020), AS I AM IN PROCESS OF REGISTERING THE BUSINESS WITH A LOCAL PARTNER. IF THEY WANTED PROOF OF FUNDS, IT COULD HAVE BEEN SUPPLIED, PROOF OF SPONSORSHIP AND/OR MOTIVE/ IT COULD HAVE BEEN SUPPLIED.

Sorry for that man

When I see people describing their financial/professional circumstances like that, I usually tell them not to apply.

A business, online or otherwise, it either has a legal existence, or not. You go to the Home Office flashing money (144,000.00 QAR/year) and claiming that you make it online from a business that doesn't have any existence at this stage.

If they don't see business registration documents, tax returns, business financial activity cleanly recorded... they won't take that revenue in consideration (if anything, they may dispute it's legality). And as you making money purely online, it can be argued that you are not really attached to Qatar and you could potentially come to the UK, overstay and still get money from your online business/activities.

It would have been possibly looked at more favourably if you waited until your business was registered in Qatar. Or, if you were employed in Qatar or having yourself employees there.

I WAS CURRENTLY ON A FAMILY VISIT (6 MONTH VISA - Sponsored by my mother - THIS DOCUMENT WAS ALSO ATTACHED IN THE APPLICATION - VALID UNTIL MAY 2020)

Do I read right? Do you have any residence in Qatar or only a 6-month visitor visa there? Does a visitor visa allow you to work in Qatar?


Again, I understand how mad you are against the Home Office. You got a refusal and they seemed to have mixed up your case with some other case as you don't have a Polish wife.

However, if you are in Qatar on a visitor visa, working online on a non-incorporated business, that refusal is not surprising.

You can't sue them or appeal the decision. But you can make a further application once your business is incorporated and you have a residence permit in Qatar.

[THO]

Agreed Zerubbable, but if I was him, I would make a complaint, because even if he would not have been given a visa based on his personal circumstances, the HO should have at least got their facts straight. As it is, they told him they have refused for the wrong reasons, and I can see why he would not want this on his record as it will probably affect his opportunity to travel to other countries, since one question is, have you ever been refused a visa before?

I know the visit visor refusals do not have a right to judicial review or reconsideration etc. However, a formal complaint stating the ECO was not doing his job and so the refusal is incorrect as it was given, should be done. complaints@homeoffice.gov.uk and make it clear that you have now missed the funeral, and so have no more need for a UK visa, but that you now want a formal acknowledgement that they made an error, so you can then legitimately say "no to have you been refused a visa.