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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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visa declined because they say they think the person will abscond

Resolved Question:

visa declined because they say they think the person will abscond and not return to own country after visit
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
What visa did the person apply for please?
Kind regards
Tom
Customer: replied 2 years ago.

can i send you the denial docs

Customer: replied 2 years ago.

can i send you the docs of the denial

Expert:  Thomas replied 2 years ago.
No, that would constitute specific advice.
This is a general question/answer service only. If you want a specific opinion on it then you would have to instruct a solicitor directly/locally in the normal way.
What visa they apply for?
What evidence did they provide to show that they would be likely to return home?
Tom
Customer: replied 2 years ago.

tourist visa from philippines to uk for two weeks

Customer: replied 2 years ago.

what evidence would be acceptable for an assumption made by them for something in the future happening or not.

Expert:  Thomas replied 2 years ago.
Hi,
Did they supply any evidence of their ties to the Phillipines which would compel them to return home?
Tom
Customer: replied 2 years ago.

her family resides in the philippines and as her partner working in qatar i would not also be remaining after our vacation - i am at a loss to find a way to prove that she will return after a stay. which is in the future.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The key is that you have to try and show them that she has continuing obligations in her home country which will continue after the visit and therefore convince them that she is not a risk of overstay because she has compelling family and social/work ties to her home country which mean that she will not attempt to secure a permanent stay here whilst she is visiting.
Things like a letter from her employer stating she has a job (if he does) and is expected to return to continue that job, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money she has available, letters from relatives/friends confirming any obligations she has to them.
Basically anything in documentary form which shows that she has a continuing life back in the Philippines.
Once you have pulled together all this evidence it is best to draft a statement from the applicant referring to all the bits of evidence and stating why they consider these will compel her to return home.
If the application has been rejected on an evidential basis then her appeal rights will be limited to where human right apply (they don’t here) or where refusal itself is discriminatory (it does not sound like it is). This basically means that the best way forward is probably to apply again with more evidence and a detailed statement from her.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

she is unemployed and finished college two years ago i support her as my partner but as i live outside the uk she cannot apply for an fiancee visa.

i find it odd in the legal world that i have to provide proof for something that may or may not happen in the future.

Expert:  Thomas replied 2 years ago.
Hi,
It's not proof as such, more reassurance. If there are family members or other responsibilities that she has then I would outline these, because if she does not have a job then one of the more usual ways of evidencing a life back home is not available to her.
I would also consider a statement from you stating that you will return to where you are and shall support/accomodate her whilst in the UK.
Unfortunately parthers of people who have a right to be in the UK are seen - statistic do actually bear this out - as a higher risk category,.
Tom
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