Kalsoom1234 wrote: ↑Sat Oct 12, 2019 6:13 pm
I have populated personal details and the following sections;
- The details of the matter being challenged: Set out clearly the matter being challenged, particularly if there has been more than one decision.
I applied for 6 Months UK Visitor Visa on 26 September 2019 from Islamabad Pakistan. My online visa application form reference number is GWFXXXXXXXX dated 07 September 2019. My visa was refused on 06 October 2019 and the visa refusal letter reference number is VAF no: UKVI05 / XXXXXXXX, dated 06 October 2019. The purpose of this Pre-Action Protocol is to challenge the Home Office decision regarding my visa application.
-
The issue Set out a brief summary of the facts and relevant legal principles, the date and details of the decision, or act or omission being challenged, and why it is contended to be wrong.
The home office refused my 6 months Visitor Visa application [Online Application Ref. GWFXXXXXXXX dated 07 September 2019; Refusal Letter VAF no: UKVI05 / XXXXXXXX, Dated 06 October 2019] based on the reasons mentioned below. In the below details, for each refusal reason, I have added my responses.
The Home Office Entry Clearance officer mentioned in the recent refusal letter (Ref: VAF no: UKVI05 / XXXXXXXX; Dated 06 October 2019):
"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; • I am aware that you were previously refused entry clearance on 28/08/2019 under visa application number Abu Dhabi / YYYYYYYY. I have considered your previous application in addition to the documents and information you have submitted in this, your current, application and in assessing your application in its entirety, I am not satisfied that you have met the Immigration Rules on this occasion.
• You are applying to visit the UK for 29 days to visit family.
• I recognise that family visits are important. I must consider the information regarding your sponsor’s support of your visit separately in my assessment of your application. To consider whether or not I am satisfied that your intentions are as stated and that you meet the requirements of the Immigration Rules, I must assess your own personal and financial circumstances. The onus is on you to qualify for entry clearance based on your own circumstances and your own intentions.
• You have stated you are unemployed and receive £1,590 per year and spend £130 per month. This leaves you with a discretionary income of £30. You have also stated you have savings of £7,883. However, in your previous application less than a month ago, you stated you receive £10,672 per year, have savings of £33,545 and spend £300 each month. This discrepancy undermines the credibility of your application."
CLAIMANT RESPONSE TO THE ABOVE: In my previous application (Ref: GWFYYYYYYYY dated 14 August 2019; refusal letter Reference VAF no: UKVI05 / YYYYYYYY; I clearly mentioned that the income £10,672 per Year is my father’s income. I also clearly mentioned that total savings of my father and I in National Savings Centre is £ 33,545 (PKR 6,500,000) which is the sum of my father savings (PKR 5,000,000 = £ 25,804) and my personal savings (PKR 1,500,000 = £ 7,741). The exchange rate used that time was based on OANDA rate on 14 August 2019. Please check previous refusal letter VAF no: UKVI05 / YYYYYYYY, Dated 28 August 2019, my previous Application From (GWFYYYYYYYY with my covering letter and supporting documents dated 14 August 2019. These details were clear in previous application and the home office entry clearance officer has also mentioned it in the previous refusal letter (VAF no: UKVI05 / YYYYYYYY). However, in my recent application (GWFXXXXXXXX, dated 07 September 2019), I segregated my personal income and savings and my father income and savings to provide more clarity in my application. This clarification was provided in the recent application (GWFXXXXXXXX) due to the reason that the Home Office entry clearance officer mentioned in previous refusal letter (VAF no: UKVI05 / YYYYYYYY dated 28 August 2019) that I have not accurately presented my application. Unfortunately, the Home Office entry clearance officer has considered it as a discrepancy as mentioned in the recent refusal letter VAF no: UKVI05 / XXXXXXXX, dated 06 October 2019, but this is not a discrepancy and infact I provided details to clarify it and address the refusal reasons in my previous application.
The Home Office Entry Clearance officer mentioned in the recent refusal letter (Ref: VAF no: UKVI05 / XXXXXXXX, Dated 06 October 2019):
"• You have stated you intend to spend £4,000 on your visit to the UK and that your father will be funding you. The documents you have submitted demonstrate that your father earns a total of £10,994 per year. Therefore, it is unclear why your father is spending 36% of his annual income on your 29 day tourism and family visit."
CLAIMANT RESPONSE TO THE ABOVE: My father has had been financially supporting me which is mentioned in his ‘declaration of financial support letter’ which I submitted alongside my recent application form (GWFXXXXXXXX, dated 07 September 2019). In my recent application (GWFXXXXXXXX), I have clearly mentioned that I am a widow living with my father. He is paying £4,000 for my UK trip because he has Savings of PKR 5,000,000 (£26,277) in National Savings Centre and also his Yearly income is PKR 2,091,999 (£10,994). My personal Savings are PKR 1,500,000 (£7,883) in National Savings Centre and personal Yearly income is PKR 302,640 (£1,590). The home office entry clearance officer has not considered my father savings of £ 26,277 which is clearly mentioned in my recent application form (GWFXXXXXXXX and supporting documents).
The Home Office Entry Clearance officer mentioned in the recent refusal letter (Ref: VAF no: UKVI05 / XXXXXXXX, Dated 06 October 2019):
"• In your previous application, you stated you had no dependents, however in this application you have stated you have a daughter and that your parents rely on you to help run the home. This discrepancy further undermines the credibility of your application."
CLAIMANT RESPONSE TO THE ABOVE: In my previous application (Ref: GWFYYYYYYYY, Dated 14 August 2019) I clearly mentioned that I have one daughter (Name) who is 13 years old under ‘Extra Information’. I also provided NADRA family registration certificate where my daughter was shown alongside me and my deceased husband. The home office entry clearance officer has also noted it in the previous refusal letter VAF no: UKVI05/ YYYYYYYY. However, in the previous application under dependent drop down list it was not mentioned by mistake which the home office entry clearance officer raised in the previous refusal letter. Therefore, in the recent application, I corrected that and showed my daughter [name] in the dependent sections and provided all supporting detail. My parents are aged and retired which is clear from the date of birth given in the application form and also my father government pension details which I provided alongside my application. I have mentioned in the application form that I help my parents in household activities because I am living with my parents and they are aged. I have not mentioned anywhere in the previous or recent application that my parents are financially dependent on me.
As a result, this is not a discrepancy but infact a clarification and correction provided in the recent application to address the home office entry clearance officer concerns in the previous application.
The Home Office Entry Clearance officer mentioned in the recent refusal letter (Ref: VAF no: UKVI05 / XXXXXXXX, Dated 06 October 2019):
“• These discrepancies undermine the credibility of your application to the extent that I am not satisfied that you are genuinely seeking entry as a visitor or intend to leave the UK at the end of your visit. Paragraph V 4.2 (a) (c) of the Immigration Rules".
CLAIMANT RESPONSE TO THE ABOVE: There is no discrepancy in the recent application form (GWFXXXXXXXX, dated 07 September 2019) and details were given to provide clarification and address the refusal reasons which were given in the previous application (see previous application form GWFYYYYYYYY dated 14 August 2019 and previous Refusal letter VAF NO: UKVI 05/YYYYYYYY, dated 28 August 2019).
The details of the action that you want the Home Office to take Set out the details of the remedy sought, including whether a review or any interim remedy are being requested.
I would like the Home Office to reconsider my visitor visa application alongside the supporting documents I provided. I have provided all required details in my application form alongside supporting documents. The refusal reasons given in previous application (VAF NO: UKVI 05/YYYYYYYY, dated 28 August 2019) are clearly addressed in my recent application form (GWFXXXXXXXX dated 07 September 2019) alongside all supporting documents. None of the reasons is valid in the recent refusal letter VAF no: UKVI05 / XXXXXXXX; Dated 06 October 2019.
-
The details of any documents that are considered relevant and necessary Set out the details of any documentation or policy in respect of which the disclosure is sought and explain why these are relevant. [/b]
1. Recent Online Application Form GWFXXXXXXXX dated 07 September 2019; and Visa Refusal Letter VAF no: UKVI05 / XXXXXXXX; Dated 06 October 2019.
2. Previous Online Application Form GWFYYYYYYYY dated 14 August 2019 and Visa Refusal Letter VAF no: UKVI05/ YYYYYYYY; Dated 28 August 2019.
The previous application was refused and the entry clearance officer raised his concerns. Those concerns were addressed and clarified in my recent application. But that clarification is considered as a discrepancy by the the Home Office entry officer. Infact these details and clarification were given in my recent application to address the previous refusal reasons.
