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Category: Law
Satisfied Customers: 21
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Immigration question: General Visitor visa refused

Customer Question

I invited a woman friend for genuine 10 days visit to UK at the end of this months. I am work as Senior IT Engineer and my annual salary is £47000. I have a nice 1 bedroomed flat. I am 50 and single. Never married. I had been in one single relationship during my entire life. Never had children.

I filled in myself the online visa application form, paid and submitted it. During the appointment, my woman friend submitted with her passport, my payslips, my bank statements, my saving statement of £11000, a copy of my British passport and my invitation letter. My woman friend is currently unemployed and has a very modest income. The application was refused by the Entry Clearance Officer. Below is the full content of his decision is below:
The Decision

"You have stated that you intend to visit your boyfriend in the United Kingdom for ten days. You have stated that you are unemployed and you receive £90 per month from family members. You have provided a residence certificate and evidence of your parent’s pension. However, you have provided no evidence of any of your other circumstances in Algeria, or of any personal assets or property held by you.

I am therefore not satisfied that you have demonstrated sufficient ties to your country that would either encourage or guarantee your return at the end of your trip. Having considered all of the above, therefore, I am not satisfied that you are genuinely seeking entry as a visitor or that you intend to leave the United Kingdom at the end of your visit. Paragraph 41 (i) (ii).

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.

Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002."

My questions are:

1. Will my appeal have reasonable prospect of success ? If so:
a) What arguments must I have to persuade the Immigration Tribunal to change the decision ?
b) Any case law or something similar to help me out ?

2. Why has he limited my appeal to only 84(1)(c) and not to (c)(e)(f) under Nationality, Immigration and Asylum Act 2002 ?

3. Why did he disregard Paragraph 41(vi)(vii) which would have helped him to reach a different, just and equitable decision ?

4. I read somewhere in an online law firm that, I quote: "However, the tribunal has ruled that an apparent lack of incentive to return should not itself be treated as a reason to refuse a visit visa application. Otherwise, travellers with a relative lack of engaged or committed lives would have less chance to travel perhaps precisely at the stage of their life when there are able to do so. A lack of incentive can be taken into account if further requirements are not met and in developing a fuller picture of the applicant's overall intentions."

5 . Has he correctly applied his power under Paragraph 43 ? This Paragraph states: "...if the Immigration Officer is not satisfied that each of the requirements of paragraph 41 is met."  I am unable to figure out the meaning of the word "each" and the context in which it should be understood.

6. Is the balance of probabilities upon which he based his decision was right to rely on ? If so:
a) Why this balance of probabilities was not on my side since our application for 10 days visit was genuine and my invitee was not a candidate for immigration ?

7. Is it right, as ECO's decision implies, that I am required to choose my friends based on whether or not they have assets/properties in their countries for the purpose of obtaining visa should I invite anyone of them ?

Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Sorry to hear about this.
The reason why the appeal rights are limited to human rights grounds are because visitor visas do not have full appeal rights which other types of visas e.g. Study or work visas have.
Unfortunately it is one of the requirements of visit visa rules to show that the applicant intends to return back home at the end of their visit to the UK and by not having sufficient ties back home such as employment or assets, there was little evidence shown that your invitee would return back home at the end of the 10 days visit.
Instead of focusing on appealing the decision, which will not work as there are no human rights grounds at play here, you should focus on reapplying for a visa and I would suggest that a professional immigration service be used such as a law firm or agency to advise you on the correct type of documents required to make the chances better of getting a visit visa.
May I help further?
Customer: replied 3 years ago.

Thanks for your prompt answer.

So this answer costs me £72 ?

Expert:  UKSolicitorJA replied 3 years ago.
If that is what you have chosen to pay, then yes.
Do you require further assistance with your query?
Customer: replied 3 years ago.

No Sir, I have not chosen to pay £72. I chose to pay £36. Then I reply came back saying this:

"Thank you for asking your Law question on JustAnswer! Experts have reviewed your question and believe that, for the amount of time and research required to give you a great answer, your question price is too low. You are not required to offer a higher question price, but if you do so, you are more likely to receive a faster answer. Experts have suggested you increase your question price to £72. You can set this new price by following the link below. Then click on the Edit link."

I paid and then 5 minutes later I received your answer advising not to appeal and my best option is to make a fresh application visa.

Expert:  UKSolicitorJA replied 3 years ago.
That is correct. Your question was answered as top priority because you increased the price of the question.
As advised, a fresh application is the way forward rather than appealing in this case.
All the best
Customer: replied 3 years ago.

I would like to explore the Immigration Officer's decision with you in more details before I decide whether I should or should not to go ahead with the appeal

1. So if an Immigration Officer applies the wrong law, I do not have the right to appeal under Paragraph 84(1)(e) of the Nationality, Immigration and Asylum Act 2002 ?

2. Why my appeal would not succeed under 84(1)(c) as directed in the decision ? Isn't it my human rights to have a girlfriend visiting me even if she was not wealthy, has no job, assets or properties but my intention and her intention is to come to the UK as a visitor for 10 days ?

3. You have not given me some indication as to why the Immigration officer seemed to have had some difficulties to consider the application under Paragraph 41(vi)(vii) which would have helped him reach a different, just and equitable decision ?

4. Is it sufficient for an Immigration Officer to rely solely on an apparent lack of incentive to return regardless of whether other requirements under Paragraph 41 are met ?

5. Paragraph 43 of the Immigration Rules states: "Leave to enter as a general visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 41 is met."

a) What does the word "each" means ?

b) Does it mean ANY single requirement under Paragraph 41 ?

c) Does it mean ALL the requirements under Paragraph 41 ?

c) Does it mean something else ?

If I had in hand answers to the above, then it would be easier for me to decide as to whether an appeal would have reasonable prospect of success or not.

Thank you.

Customer: replied 3 years ago.

Dear UKSolicitorJA,

If you are willing to help with my questions, please ley me know. If not, please can you make my questions available to specialists in Immigration law ?

Many thanks.

Expert:  Nicola-mod replied 3 years ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 3 years ago.

I thought there are specialists in law here. I'd like to wait if a specialist would like to take on my questions. If not, this would mean that I have not received a satisfactory answer by virtue of which I would request the full refund under your 30 day satisfaction guarantee.

But for now, I'd like to wait for a day.


Expert:  Nicola-mod replied 3 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Customer: replied 3 years ago.


Expert:  Nicola-mod replied 3 years ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Customer: replied 3 years ago.

Please close it and proceed with the full refund.

Please confirm.