Seeking some advice in why my husband's visa was refused. I am aware that a visit visa has no grounds for an an appeal nor an administrative review and there is no use in a judicial review but I am just after some clarification so that this can be avoided in the future.
I wrote a complaint letter to the UKVI but was only given an automated response as a result, which said "Dear Sir/Madam,
Thank you for your email of 23 January 2017.
We are unable to assist you with your enquiry as this is regarding applying from overseas for an Entry Clearance Visa and issues arising from this or regarding a refund for your visa application from overseas.
Please refer to the link below for further assistance;
https://ukvi-international.faq-help.com/..........
Rather confused by the response as I contacted Abu Dhabi several times to be told that the UKVI will pass the case onto us, if deemed necessary.
I called the UKVI helpline several times, resulting in spending much more than the actual visa fees were, only to be told to email so and so and complain via so and so webpage.
I was told to submit a question through the international faq, only to be responded with,
"Thank you for contacting the UK Visas and Immigrations international
enquiry service.
With regards to your query, not all refusal decisions lead to a right of
appeal. If you do have a right to appeal, you will have been provided with
documentation alongside your refusal decision. You should follow the
guidance set out in that documentation if you wish to lodge an appeal
(further information in the links below). However, you can consider
re-apply any time."
The UKVI then told me that if you are not satisfied with your response, you can complain further. So I looked further and came across the Ombudsman route. I contacted my MP and I am waiting for a response.
Could you, please, let me know if there is any chance in the UKVI genuinely emailing back a response if I was to go down this route?
I can't seem to see an attachment icon but below is my complaint letter. Please, have a read and if possible, provide some insight into what I can do next.
(I know the complaint is rather long)
Complaint letter in reference to the ‘Visa’ application of:
To whom it may concern,
I am writing this letter to address my husband’s application for a ‘Standard Visit Visa’. We received your notice of decision “Refusal of a Visit Visa” on the 16th of January 2017 (refusal date given as 12th of January 2017) which stated that the application fell for refusal under paragraph(s) V4.2 and V4.3 of Appendix V: Immigration Rules for Visitors. I believe the refusal was unjust and would like to argue each point that has been presented within the refusal notification.
Genuine intention to visit
1. V 4.2 The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
(a) will leave the UK at the end of their visit; and
My husband () applied for a short visit visa to meet my child and I (both British Citizens) and would have left after 8 days (as his application had stated).
My husband lives with his parents in Karachi, Pakistan and has no intention of leaving them without any other immediate family members; taking care of his parents is his responsibility and going away in this part of their age and leaving them alone would be unreasonable.
My husband is 27 years of age and has only recently obtained full time employment. How is it that the Clearance Officer can expect him to have assets to his name, given his young age and employment status within Pakistan? Although, my husband attached an account statement and an account maintenance certificate of a joint savings account that he and his father () both maintain. Their joint account contains over PKR 1.8 million (£14000 GBP) and evidence of this was provided. Most importantly my father-in-law () was financially supporting my husband’s visit and his financial affidavit (supporting bank statements, property documents, saving certificates and etc) clearly stated that all funds and properties were at my husband’s disposal; this was not mentioned within the refusal decision letter (I shall touch upon this point at a later stage within this letter)
My husband completed his ‘Master of Business Administration’ in Finance in Karachi, Pakistan and passed with exceptional grades. He then got recruited by the (), which is the biggest financial institution within Pakistan. Being a career oriented person, my husband considers this to be a stepping stone for him to forge a career within his field of study and he will continue to work there for the unforeseeable future. My husband has absolutely no reason to leave his employment as terminating it would jeopardise his future career and credibility. Within his application he attached his service certificate which is proof of his employment and also evidence of permission from his employer to enable him to apply for his visa to the UK. He also attached his staff account statements and payslips but there has been no acknowledgement, acceptance or mention of this within the refusal visa letter that my husband has received.
My family and I (mother, father and 3 siblings; son due to obtain once birth is registered) all hold a UK passport and are British Citizens. Our bio data pages were all submitted as evidence of this. My father () and mother () wrote an invitation letter (duly signed), inviting my husband to the UK to visit us during his annual leave holidays. We also provided our tenancy agreement, council tax bill, my father’s employment letter, my hospital letters as proof of pregnancy and my marriage certificate. There were many ways for us to be located and contacted; we provided our contact details and also my previous employer as a reference but no contacts or queries were made to clear any discrepancies.
There was no legitimate reason for the Clearance Officer to believe that my husband would slip in the UK. The invitation letter clearly stated that had we intended to apply for a ‘family of a settled person’ visa, we easily could have done so when my husband and I got married in January 2016 as I had been earning £25000 for over a year. My husband had no intention to relocate to the UK then and nor does he now.
(c) is genuinely seeking entry for a purpose that is permitted by the visitor routes (these are listed in Appendices 3, 4 and 5);
My father () wrote an invitation letter, dated the 26th of December 2016, clearly stating the sole reason behind my husband’s () visit to the UK. The reason for the visit was to meet his son (born on the 6th of January 2017; day of application submission), myself and the rest of his family.
Under ‘Permitted activities’ in Appendix 3, subheading 'Tourism and leisure', it clearly states '3. A visitor may visit friends and family and / or come to the UK for a holiday'. Visiting one’s wife, newborn child and extended family certainly does fall within this category. I provided my hospital notes, NHS number and hospital number too.
Funds, maintenance and accommodation provided by a third party
1. V 4.3 A visitor’s travel, maintenance and accommodation may be provided by a third party where the decision maker is satisfied that they:
(c) Can and will provide support to the visitor for the intended duration of their stay.
My father () was only providing my husband’s accommodation; I did not think it was necessary to provide his bank statement as my father-in-law () was supporting my husband’s visit, which his application clearly stated. However, my father provided a tenancy agreement, council tax, employment letter and bio data page of his passport.
The invitation letter and application form that was submitted contained mobile phone numbers and a land line number which the Clearance Officer could have used to clear any discrepancy or confusion he had regarding my husband’s visit or my father’s finances.
Below is a section from the invitation letter clearly stating that my father would only be responsible for my husband’s accommodation.
‘We would like to invite () to visit the UK during his upcoming holiday (10th of April until the 14th of April); this would be between the period of the 7th of April (Friday evening flight) until the 15th of April (Saturday), subsequently allowing () to return to Pakistan in time to resume his normal duties on Monday the 17th of April. During his stay in the UK, Mr () will be staying with me and I will be responsible for my son in law’s accommodation. I shall also ensure that during his stay in the UK, he does not recourse to any public funds. I also undertake to ensure his return to Pakistan upon the date mentioned.’
The refusal letter also stated that my father () was sponsoring my husband’s () visit to the UK, when in actual fact the evidence and letters we have provided clearly stated that this was an invitation.
Below is a section from the application form that my husband submitted online, clearly stating that his visit is supported by his father ()
‘() is my father and as I reside with him, he bares all my living expenses. In addition to my salary, my father also gives me money for expenditures if need be. We have a joint savings account that has 14343.00 GBP, all funds are at my disposal. My father will pay for my travel expense to UK and back to Pakistan along my personal expense in the UK excluding accommodation and food. My father's financial affidavit and related documents are included in my application’
Previous refusal of Visit Visa
The refusal letter for my husband’s application to the UK also stated that he has been previously refused entry because the Clearance Officer at the time was not satisfied he had met the Immigration Rules. The refusal letter states that my husband has not clearly addressed why his previous ‘Visit Visa’ was refused. The circumstances from his previous application as compared to his latest application have drastically changed from a student visiting different universities in the UK to a husband and father visiting his wife and child.
Below is what my husband stated on his visa application:
‘Post Reference: () My University was taking us for a trip to the UK to visit different renowned universities and tourist spots. My visa was rejected on the basis of unsatisfactory financial position. However, I did not reapply as the university trip itself got cancelled.’
My husband clearly stated that the visa was refused on the basis of lack of financial evidence. His university trip was ultimately cancelled and due to this he did not re-apply for the visa. This cannot become any clearer than what has already been mentioned and stated.
Background history
I was previously employed as a Nursery Manager at () from January 2015 to December 2015. My salary was £25,000pa during this period. From September 2012 to December 2014, I was employed as a Nursery Deputy Manager for (same company) and during this period my salary was £21,000pa. My NI number is: () and my tax code during employment was: (). All of this information was provided on the invitation letter; the Clearance Officer should have known that had my husband intended to apply for a Settlement Visa, he could have done so, as opposed to applying for a Standard Visit Visa.
I ended my employment in December 2015. My husband and I got married on the 2nd of January 2016 in Pakistan. It was my intention to stay with my husband and my in-laws for 4 to 5 months and then return to the UK to commence employment once more; with the intention to visit Pakistan during public holidays, long weekends and/or annual leave.
I became pregnant in April 2016 and then our plans changed and my return ticket had to be cancelled. Due to complications in early pregnancy it was not advisable for me to travel to the UK during the first trimester of my pregnancy so I returned to the UK in July 2016 and then registered my pregnancy (documents were submitted with the application).
Once my husband gained employment, he had to complete 1 month’s training (which he topped) before his permanent placement at the (). Due to this, we could not apply for his visa earlier as we were not aware of when he would have accrued enough hours to be granted annual leave. Once his employment details had been secured, he was granted leave for April 2017 (as mentioned in the invite letter).
At the end of my husband’s visit, my son and I were due to accompany him back to Pakistan for a short stay to enable my in-laws to meet their grandson, provided my full recovery.
Conclusion
We are extremely dissatisfied with the decision that has been reached in regards to my husband’s visa decision. My husband applied for the application on the 6th of January 2017 and the refusal decision was reached on the 12th of January 2017, meaning there were 5 working days (8-12th of January), in which the Clearance Officer could have contacted us to ask for further information or clarification but no such action was carried out. We provided (to our knowledge) all the relevant documentation that was asked of us.
It is really disheartening that my husband’s visa application was refused on nothing concrete but flimsy grounds. I really felt offended that my husband’s genuine intention of meeting his wife and child were suspected; it really hurts my feelings. Had the Clearance Officer not assumed his circumstances and not thought that the applicant intended to slip, he would have reached the correct and logical decision. I still fail to understand what benefit my husband would gain from slipping into the UK when his wife and child are already British Citizens.
What can be done in the future for my husband to obtain a successful Visit Visa entry to the UK? How can my husband provide proof of assets when he has just commenced his career? What makes the Clearance Officer think that my husband can slip in the UK, when all the evidence is there to support how we could have applied for a ‘Settlement Visa’ had we wished to do so?
Being a British Citizen, having lived accordingly to the rules and regulations that this country upholds, I find it highly illogical that when certain systems are in place for visitors to visit their loved ones, there are still shortfalls within the visa and immigration system that violate human rights and continue to keep families apart. I cannot stress enough that my husband’s application was a genuine short visit to meet his family.
I would be grateful if in view of above you would reconsider your decision or at least provide guidance to ensure that this does not happen again in the future. Please feel free to contact me or my family for any further clarification.
Thank you in anticipation of your reconsideration.
Yours faithfully,
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