UK Tourist Visa Refused

[kp86]

Dear all,

I posted last week that my friend's boyfriends visa was refused and they have now emailed me the letter, any advice on where they can go next will be so helpful:

"The Enrty clearance Officer's decision:

I have refused your visa application on this occassion because I am not satisfied on the balance of probabilities, that you meet all the requirements of paragraph 41 of the Immigration Rules.

The Entry clearance Officer's reasons and supporting evidence:

You have applied for a visa to travel with your British sponsor to visit her family in the Uk for a period of 6 months.When assessing your application for a visa the Immigration rules require me to be satisfied that you personally qualify, the following weighs against the issue of entry clearance.

You stated that your sponsors family will meet the costs of the trip.I acknowledge that the documents you have submitted show your sponsors are in a position to fund your stay - and have taken this into account when reaching my decision. Howevere, I have also considered the information that you have provided in relation to your ecomonic, professional and family circumstances in Thailand. You have stated that you are employed as a restuarant manager with an income of 9,000baht per month. The one personal bank document that you have submitted with your applicationshows a closing balance of 11,000baht. You have not reffered to any other income or any personal assests. Based on this information you appear to have little in the way of assetts, ties or property in Thailand.

While you have submitted a letter from your employer - stating that you are allowed to take a 6-month holiday - it is unclear how you are able to take such an extended leave from your job. The information you have provided indicates that your sponsor is returning to the UK to work there. While the immigration rules allow visitors to spend up to 6 months in the UK you have not explained your decision to spend such an extended period of time there.

The above points have led me to doubt, on the balance of probabilities, that you are a genuine visitor for a limited period. I therefore refuse your application."

I can't really understand their refusal as my boyfriend, and 2 of his friends applied this year with exactly the same application, as they all have the same economic baackground, and they were all given visas??? The reason to return to the UK was so my friend could see her family for a while as she hadnt been home for over a year and a half and is very close with her family, she said that there was a temporary job available for her if they needed any extra funds and the company provided a letter stating they knew she would only be there temporarily as she was returning to Thailand. She works for a company in Samui and was given a letter from her employer to say they would hold her job open for her when she returned after 6 months - so they are definitly planning on returning to Thailand.

Her boyfriend's employer is relocating their restuarant so it will be closed for a few months when they move it and that is why her boyfriend can take a extended holiday - would this have helped if she had mentioned that?

It seems to be like a pretty poor reason - he earns 9000baht per month and shares the rent of a 8000baht house per month, what assests is he supposed to be able to afford??? Could it be that its the end of the year and they have a quota to fill of how many ppl they let in and reject and he just got caught in the net? This is what they are hoping.

In theory they can't change much to their application, he won't be able to have any assets or property in Thailand. Should they just re-apply explaining the situation more clearly? Or will another rejected really reduce the chances of him every being able to visit the UK?

Any help from the big guys here would be appreciated - or anyone who was refused on the same reason. Also I recommended that if she does apply again to go with an agency just to make sure his application is crystal clear - good advice or bad? If good how much are good agents and any recommmendations?

Thanks guys and merry christmas!

[7by7]

As this was a general visit application, I'm afraid it does not have any right of appeal, but your friend can ask that it be reviewed.

The first step is for your friend to contact the Entry Clearance Manager (see here for contact info) and ask that the decision be reviewed.

It seems that the main concern is that the ECO does not believe that he has been given 6 months holiday; understandable when most Thais only get 2 to 3 weeks holiday a year! So getting a letter from the restaurant explaining that they will be closed for several months will definitely help.

She should also explain her employment situation in Thailand, referring to the letter from her employer, and why she will be working while in the UK.

She should also go through both her and her boyfriends financial situations again, providing as much extra evidence as possible.

There is no point in mentioning applications by others. Each case is judged on it's own merits and so applications by others will not be relevant.

If this does not work then there is nothing to stop him applying again, or he could so now without asking for a review.

However, any new application must adequately deal with all the points raised in the original refusal or it, too, will be refused.

There is no quota system for UK visa applications.

Her choice whether to use an agent or not, but she should read this first.

[torrenova]

The restaurant being closed for refurbishment is a point which should have been included. In addition, the qualifications, even if only by experience, can be shown to suggest that obtaining a new position at a similar level and salary would not be difficult upon his return. Does he not perhaps have a relation with a business who would welcome him into the fold upon his return.

As for assets, he should be listed on the house book. Will he inherit land or property at some future time, that property currently being held in his relative's name ?

As for finances and without additional details it is difficult to make too many assumptions but let me guess that his passbook does not show his salary going in each month and regular outgoings of less than his salary and a residual balance being built up over time. If he had a stable 6 month history of banking with a greater balance it would help. Is there perhaps not something he could sell, perhaps a car or motorbike which could explain a one off deposit into his account ? Do you see where I am coming from ?

[7by7]

Is there perhaps not something he could sell, perhaps a car or motorbike which could explain a one off deposit into his account ? Do you see where I am coming from ?

Yes; and so would the ECO!

[7by7]

Irrelevant (and untrue) rant against immigration from the EU deleted.

[torrenova]

Is there perhaps not something he could sell, perhaps a car or motorbike which could explain a one off deposit into his account ? Do you see where I am coming from ?

Yes; and so would the ECO!

Can't be too bold though as one application without all the pertinent details included is already sitting on their desk !

[ThaiVisaExpress]

Perhaps a new application covering the ECO concerns would be a start.

[kp86]

Thanks guys for all the adviceso far.

His family do not own land or prperty, everything is rented, even their bike.

I think he has had money going into his account, where he works he also does tattoos on the side and receives commission for this that is why the amount money in his account did not reflect the 9000baht wages but this was explained in his accompanying letter. I will advise her to add into the letter about the restuarant re-locating, it wasn't added in the first place as she was unsure if it would be a pro or a con.

They do not have much money, they pretty much live hand to mouth but they live and survive by themselves and are very happy in their lives. It appears ridiculous that because he doesn't have lots of assets he can not visit the UK when her family have offered to cover all costs necessary. They both have reliable jobs to return to and have showed no intention to remain in the UK.

So apart from adding more information to his empoyers letter and going deeper into their finacial backgrounds is there no other things they can add to ensure they get the visa this time? My friend is desperate to see her family, friends and new baby neice but understanable will nt leave her boyfriend behind.

If you add new information to the application can you then ask for a review or do you need to re-apply if you are adding more information?

Also, Thai visa express, what are your charges for using your agency and do you think this is a situation where using your agency would be an advantage?

Many thanks all and hope you all had wonderful xmases!

Edited December 26, 2009 by kp86

[ThaiVisaExpress]

No you do not require my help just try again and then contact me via my website should you have any further problems.

Good luck.

Edited December 26, 2009 by ThaiVisaExpress

[Scott]

A long time ago, I was employed by an Embassy program (not the UK), so I don't know the rules that relate to your situation in particular, but in general, the applicant need to overcome the presumption that he will remain in the country. Part of that presumption is that he has more to gain by returning to Thailand than by remaining in the host country.

In this case we have a relatively poor person (by Western standards) who is going to be out of work for 6 months. Very few employers would believably give a restaurant worker 6 months off. Thus the credibility of the employer would be at best questionable. Restaurant work rings alarm bells to begin with--a lot of illegals work in restaurants in the host country. When he leaves, he has no job, owns no property and essentially has no real ties to the country. He can probably find an illegal restaurant job in the UK working in a Thai restaurant and earn more than he does here.

It's difficult to accept that an employer would give someone a foreign worker (the girl friend) 6 months off, as well. The absence from her home country has not been that long and the argument that she is close to her family also raises a red flag about her willingness to return to Thailand.

The officer keeps mentioning probability and I think you have a huge problem overcoming that probability. I am surprised that others with similar situations have gotten through.

I wish the applicant and her boyfriend the best of luck and I don't want to be harsh, but from the officers side, he would have some explaining to do in approving the visa.

Again best of luck.

[7by7]

If you add new information to the application can you then ask for a review or do you need to re-apply if you are adding more information?

Unlike an appeal, an ECM review is an informal process and does not have to consider new evidence; basically the ECM would review the refusal to see if the ECO made the correct decision based upon the evidence presented at the time.

So, upon reflection, it will probably be better if your friend's boyfriend submits a new application.

In this they should refer to each point of the refusal and the new evidence they have provided to cover this point; including evidence of your friend's status in Thailand and employment on her return. Although Scott makes a good point about this.

Scott, the word 'probability' is always used in UK visa processing as the standard of proof required to obtain a visa is not beyond reasonable doubt but the easier to attain on the balance of probabilities.

[ThaiVisaExpress]

And it is a much quicker process to re apply.