UK visa renewal refused due to visa officer's error

gac11

New Member
My application for renewal of 5-year multiple entry UK visa has been refused due to what appears to be an error on the part of the UK visa officer.

I have held UK visas continuously for the last 20 years and have traveled to the UK over 200 times during this period, primarily for Business. I also currently hold or have previously held multiple entry visas to the USA, Canada, Schengen, New Zealand, Australia, Japan, South Africa, etc... I have totally visited almost 50 countries in the last 10 years and over 75 countries overall. I consider myself to have an extensive travel record to establish bonafides.

I am currently employed as a management executive with a foreign owned company. My remuneration is approximately US$110,000/year before taxes including benefits. I also own investments and properties (some jointly with family members) that are valued at just under US$1 million. I am unmarried and have no family in the UK.

On my application form, I declared all of the above and provided a letter from our HR department confirming this. I also provided current bank statements showing balances of approx. US$35,000 (held both locally and in offshore accounts) and credit cards (issued both locally and from USA, Canada and UK banks) with total credit limits of approx. US$75,000.

Unfortunately, my visa application was rejected. The following is the refusal letter :

To come to the United Kingdom as a visitor you must be able to show that you:

1. are genuinely seeking entry as a visitor for a limited period as stated, not exceeding six months; and
2. intend to leave the UK at the end of the period of the visit as stated by you; and
3. do not intend to take employment in the UK; and
4. do not intend to produce goods or provide services (including the selling of goods or services direct to members of the public) within the United Kingdom; and
5. do not intend to undertake a course of study;
6. will maintain and accommodate yourself and any dependants adequately out of resources available to you without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and
7. can meet the cost of the return or onward journey; and
8. are not a child under the age of 18.

In order to reach a decision, I have taken into account:

• That the burden of proof is on you, the applicant
• The standard of proof is to a balance of probabilities
• Your completed application form
• Your passport and the original documents that you provided, including
a) A letter from your employer;
b) Bank statements in your name.

On the basis of the above, I am satisfied that you meet the criteria to satisfy sections (5) and (8).

However,

* I am not satisfied on the balance of probabilities that you are genuinely seeking entry as a visitor for a period not exceeding 6 months;
* I am not satisfied on the balance of probabilities that you intend to leave the UK at the end of the period of the visit as stated by you;
* I am not satisfied on the balance of probabilities that you do not intend to take employment in the UK;
* I am not satisfied on the balance of probabilities that you do not intend to produce goods or provide services (including the selling of goods or services direct to members of the public) within the United Kingdom;
* I am not satisfied on the balance of probabilities that you will maintain and accommodate yourself and any dependants adequately out of resources available to you without recourse to public funds or taking employment;
* I am not satisfied on the balance of probabilities that you can meet the cost of the return or onward journey;

You have submitted a letter from your employer stating that you are presently employed as a manager and earn a monthly salary of 110,000 (£ 5.50). You have submitted bank statements showing deposits in the amount of 36,279.30 (£1.82) and assets in the amount of 987,000 (£49.35). I am not satisfied that the amount of resources demonstrated by yourself are sufficient to maintain and accommodate yourself without recourse to public funds or taking employment.

Your personal, economic and social circumstances do not satisfy me,on a balance of probabilities, that you intend to leave the United Kingdom at the end of the period of your visit. I therefore refuse your application.

Your application does not attract a full right of appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002. Your right to appeal is limited to any or all of the grounds referred to in section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002 namely:
(b) the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities);
(c) that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights.

It appears that the visa officer has accidently considered the value of all financial documents I have provided in US Dollars to be valued in the local currency instead (at an exchange rate of approximately 11000 to 1).

Unfortunately, I am advised by the Embassy that I cannot appeal this refusal as it I was not applying as a Family Visitor. They will permit me to submit a new application (including the £250 application fee again), but also caution me that applying with the same set of documents will attract the same decision, as this is a subjective assesment of my personal economic circumstances. The very rude local staff at the enquiry desk advised that "the visa officer can refuse you even if you show them 1 million dollars if they think that is not enough".

There has to be some way out of this Catch-22 situation.
 
My application for renewal of 5-year multiple entry UK visa has been refused due to what appears to be an error on the part of the UK visa officer.

I have held UK visas continuously for the last 20 years and have traveled to the UK over 200 times during this period, primarily for Business. I also currently hold or have previously held multiple entry visas to the USA, Canada, Schengen, New Zealand, Australia, Japan, South Africa, etc... I have totally visited almost 50 countries in the last 10 years and over 75 countries overall. I consider myself to have an extensive travel record to establish bonafides.

I am currently employed as a management executive with a foreign owned company. My remuneration is approximately US$110,000/year before taxes including benefits. I also own investments and properties (some jointly with family members) that are valued at just under US$1 million. I am unmarried and have no family in the UK.

On my application form, I declared all of the above and provided a letter from our HR department confirming this. I also provided current bank statements showing balances of approx. US$35,000 (held both locally and in offshore accounts) and credit cards (issued both locally and from USA, Canada and UK banks) with total credit limits of approx. US$75,000.

Unfortunately, my visa application was rejected. The following is the refusal letter :



It appears that the visa officer has accidently considered the value of all financial documents I have provided in US Dollars to be valued in the local currency instead (at an exchange rate of approximately 11000 to 1).

Unfortunately, I am advised by the Embassy that I cannot appeal this refusal as it I was not applying as a Family Visitor. They will permit me to submit a new application (including the £250 application fee again), but also caution me that applying with the same set of documents will attract the same decision, as this is a subjective assesment of my personal economic circumstances. The very rude local staff at the enquiry desk advised that "the visa officer can refuse you even if you show them 1 million dollars if they think that is not enough".

There has to be some way out of this Catch-22 situation.



---------Your Extensive travel history does help the ECO to establish your credit towards the immigration rules. However, if you do not clarify your application properly, in your case the financials then it can lead to a refusal.
If you have a copy of the application form sent to the ECO, you can check for the currency units you mentioned the amount available to you for your visit. If you have clearly shown that the amount was in USD then its easier for the your application to be reconsidered. Having said that, according to the recent changes there is no right of appeal except the family visitors for any applications made to the British high commission.
Thus, if you are in an urgent need of travel, i would say you should make a fresh application outlining the misunderstanding the funds and its currency unit. I am sure you ll have it cleared in few days.
If you are reluctant in paying the fees again and have time, i would ask you to consider writing to the higher authorities in Croydon, UK.

The visa manager
UK Visa Section
7th Floor, Apollo House
36 Wellesley Road
Croydon
CR9 3RR

Put a covering letter in the name of the Visa manager and explain the matter. You need not send the entire application to them. Just mention the refusal reference number and a copy of the refusal letter.

I am sure you'll have a positive reply.

All the best!

Kindly, visit www.ukvisasguidance.blogspot.in
 
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