visitor visa refusal - Intrigued by reasons!

[lunatfr]

As mentioned in title, my brother applied for visitor visa and refused. I am really intrigued by the reasons especially the 5th point. To give you some background

-Me, husband and our child are all naturalized BC, and owns house.
-Husband wrote the sponsor/invitation letter. And is sponsoring everything including flight tickets.
-salary in excess of 50k/annum, funds in bank shown ~4k
-My brother is an officer in government in india, and luckily got NOC of 1 month only for his holiday.

We submitted:
- husbands salary slips, bank statements, passport copy of my husband & child, my naturalization cert copy, my driving license copy, council tax statement, our marriage certificate (showing my wife's maiden surname).

My Brother submitted:
- NOC letter from his department, letter confirming his salary and position.
- His marriage certificate ( his wife was going to stay back)
- Bank statement
- My father's bank statement, Property papers(in fathers name)

We are not sure what to do next, as getting another NOC is big headache with govt depart if he cant make it in december. Else he might have to just shelve the plan for visiting us for now.

Below is the wording for refusal:

I have refused your application for a visit visa because I am not satisfied that you meet the requiremeents of paragraph v4.2 and v4.3 of Appendix V: Immigration rules for visitors because
1) You state that you wish to visit the uk for 1 month to visit your sister and her family.
2) Whilst I understand the importance of family visits, under uk immigration rules you must show that you qualify for a visa by explaining your own circumstances and the plans you have for your visit. Whilst I accept your sponsor, Mr (Brother in law), has offered maintenance and accommodation for your trip, it is your own, personal circumstances and the credibility of your trip that I must assess for this application.
3) You state that you’re employed as xxx with xxx Govt dept, and you have been since oct 2010 earning INR 16000 per calendar month. I note that you have submitted a payslip for October as evidence for your salary, and also a letter from your employer to confirm that leave has been granted. In support of your application you have submitted a bank account statement from xxx bank, account number ending xxx in your name. The account has a closing balance on 5 nov of INR 68000. I note there are no credits to the account for your stated income. I note in particular that there are salary payments for INR 58,000. From the documents you have submitted I am not satisfied as to the source of these funds. I am therefore not satisfied that the funds are available to you and fully under your control for use towards your trip, Nor am I satisfied your income is as stated.
4) Each of the above has not been taken in isolation, but has been used to help make an assessment of your application. On the evidence available to me today, I am not satisfied that your circumstances are as stated in your application. Therefore I am not satisfied that you are a genuine visitor of the UK for the purpose that is permitted by the visitor rules or that you intend to leave the UK at the end of your proposed trip (appendix V:4.2(a)(c)). Furthermore, I am not satisfied that your income is as stated and that you have sufficient funds to cover all reasonable costs in relation to your visit without working or accessing public funds. This includes the cost of the return or onward journey ( appendix V: 4.2(e).

5) In support of your application you have provided evidence of your sister’s status in the UK. However, from the documents you have submitted I am not satisfied as to your sponsor’s status in the UK and that he will not be in breach of UK immigration laws at the time of your entry to the UK (appendix V:4.3(b)



Thank you for going through this long post and I look forward to your expert views...

[lunatfr]

Forgot to mention,

- Application was made from India. Took around 15 working days before decision.
- His department was called for confirmation.
- My husband also got a call to verify details and that he was sponsoring all expenses.

[noajthan]

The key factor is to show visitor will go home at end of visit.

[lunatfr]

The key factor is to show visitor will go home at end of visit.

Thanks for your reply.

What further evidence can he provide for that? He has given his government job details and they called his department too to confirm. (His NOC's has been signed by high level govt. officers)

Agree he does not own a properties. But his wife will be staying in india. Feeling so annnoyed that *He cant even appeal. Looks like the ECO hasn't looked at some of the documents submitted (eg his marriage certificate)

[vinny]

-Me, husband and our child are all naturalized BC, and owns house.

...

5) In support of your application you have provided evidence of your sister’s status in the UK. However, from the documents you have submitted I am not satisfied as to your sponsor’s status in the UK and that he will not be in breach of UK immigration laws at the time of your entry to the UK (appendix V:4.3(b)

The ECO seemed to have forgotten that British citizens have the right of abode and cannot be in breach of UK Immigration Laws.

Moreover, if you stated that you are supporting his accommodation and maintenance, then why should his funds be needed? How many months of bank statements and pay slips did he submit? Did his employment letter state how long they have been employing him?

See also Guidance.

[lunatfr]

-Me, husband and our child are all naturalized BC, and owns house.

...

5) In support of your application you have provided evidence of your sister’s status in the UK. However, from the documents you have submitted I am not satisfied as to your sponsor’s status in the UK and that he will not be in breach of UK immigration laws at the time of your entry to the UK (appendix V:4.3(b)

The ECO seemed to have forgotten that British citizens have the right of abode and cannot be in breach of UK Immigration Laws.

What can we do about this, when clearly he/she has made a mistake. I was wondering if there is a way lodge a complaint if there are mistakes in how application has been dealt, especially with V:4.3(b)

Moreover, if you stated that you are supporting his accommodation and maintenance, then why should his funds be needed? How many months of bank statements and pay slips did he submit? Did his employment letter state how long they have been employing him?

The letter from department, includes how long, has he been working and salary he is on. All letters include official Govt stamps and signatures of IAS level officers. He gave last 2-3 statements.

See also Guidance.

He had also submitted my fathers(i.e his too) bank statement, which would have shown salary of 58,000(fathers income) and he never claimed that to be his salary.

"I note there are no credits to the account for your stated income. I note in particular that there are salary payments for INR 58,000."

[vinny]

Not sure if complaints to the UKVI will be effective.

Perhaps informally ask for a reconsideration, raising the points refuting the grounds for the refusal?

Perhaps send details of the application and refusal decision to the Independent Chief Inspector as evidence of a reduction in decision quality?

With the removal of a full right of appeal, Family Visitor visa refusal cases fall within the Chief Inspector’s statutory remit as the Independent Monitor for Entry Clearance Refusals without the Right of Appeal, which requires that applicants are safeguarded from wrongful decision -making by reviewing entry clearance decisions to ensure that they are fair and consistent.

Failing this, submit new application, highlighting the evidence that refutes the grounds for refusal?

[hyderabadi1]

Thank you for posting this thread. The subject is of great interest to myself as I'm doing the same process for my cousin (single) from India.

With myself or my father will sponsor them , depending on who has strongest sponsor details..its taking while as so many accounts (our end to personal plus company accounts to prove).


I can see one of the reasons why they may have refused reading the below:--)
"

You state that you’re employed as xxx with xxx Govt dept, and you have been since oct 2010 earning INR 16000 per calendar month. I note that you have submitted a payslip for October as evidence for your salary, and also a letter from your employer to confirm that leave has been granted. In support of your application you have submitted a bank account statement from xxx bank, account number ending xxx in your name. The account has a closing balance on 5 nov of INR 68000. I note there are no credits to the account for your stated income. I note in particular that there are salary payments for INR 58,000. From the documents you have submitted I am not satisfied as to the source of these funds.

6 months payslips is compulsory as well as 6 month bank statements showing what you have stated as monthly salary e.g. Rs. 16,000 going in each month. And sudden bank transfers showing high balances often do not help an application but can sometimes oppose it. They want to see your regular income/lifestyle over a period e.g. 6 months statements/payslips backed up by what you say is the monthly salary over 6 months.

I think one of the main reasons looks like the 58,000 can't be justified to where it came from e.g.. its not salary.
This is just my opinion I'm no expert and am in the same boat as yourself being a sponsor trying to invite a relative over for christmas/New Year and special family birthday occasion so no idea if they'll accept or refuse my own relative's application.

Good luck on resubmission and I'll post in the visa timelines thread my own result and timescale so others can see.

Good luck.

[lunatfr]

I wish your cousin's visa application goes through without any issues.

Regarding the point that you highlighted:
- my Bro submitted his bank statements showing his salary(actually 6 months, instead of 2 that I mentioned before)
- he had also submitted his fathers bank statements(different bank to Bro), since they live in same household, which shows fathers salary (INR 58000). My Bro didn't see a need to attach fathers salary slips.

HO has mistook my father's bank statement as his. i know this for sure because case worker has written the bank's name as well which is my fathers.

[hyderabadi1]

ah i see what you're saying, sorry I missed reading you submitted the 58K as your fathers bank statements, then as you say they wrongly assumed this to be your brothers and wondering where the 58K came from when his salary is 16,000 or whatever.

So did your brother have 6 month bank statements that showed the same salary as quoted in employer letter going in each month? I assume it did and they just got confused with your fathers income.


I'm worried before I even send anything as we have loads of bank statements , they want 6 months personal bank statements, 6 months company bank statements, 3 years personal tax returns and 3 years company tax returns and just this is well over 30 pages!

I'm just hoping they understand it all as we originally were only going to send 6 months bank statements, either company summary or last tax return and an accountant letter but from my speaking with an advisor who's doing this over there this is what they asked so, we've compiled I just hope tomorrow when my cousin turns up at the Visa Office with 100+ papers they don't say it's too much!

The printer even ran out of paper currently they've gone to get some more to print the last letter!

I can understand your disappointment, I think you should appeal though as they seem to have mixed up who's bank statements they are. Good luck.

[noajthan]

It would be helpful yet quite simple to annotate supporting documents to make it clear what is what and whose is whose. Especially if names of key players are similar.

[lunatfr]

ah i see what you're saying, sorry I missed reading you submitted the 58K as your fathers bank statements, then as you say they wrongly assumed this to be your brothers and wondering where the 58K came from when his salary is 16,000 or whatever.

So did your brother have 6 month bank statements that showed the same salary as quoted in employer letter going in each month? I assume it did and they just got confused with your fathers income.

Yes, he did. In fact had highlighted his salary entries dates/figures for 6 months


I'm worried before I even send anything as we have loads of bank statements , they want 6 months personal bank statements, 6 months company bank statements, 3 years personal tax returns and 3 years company tax returns and just this is well over 30 pages!

I'm just hoping they understand it all as we originally were only going to send 6 months bank statements, either company summary or last tax return and an accountant letter but from my speaking with an advisor who's doing this over there this is what they asked so, we've compiled I just hope tomorrow when my cousin turns up at the Visa Office with 100+ papers they don't say it's too much!

The printer even ran out of paper currently they've gone to get some more to print the last letter!

I can understand your disappointment, I think you should appeal though as they seem to have mixed up who's bank statements they are. Good luck.

We are very annoyed cos its took long time to get NOC's etc because of his position and there are hardly anyone in his department who has managed to get a month's holiday since while. I am going to complain to every possible department/person in uk who can make a difference. I know it might be late before it is all processed but I want to make sure that they accept their mistake.