Any Suggestions

[neilpjsy]

We have just been turned down for a UK visa for my girlfriend. Below is the decision from the UK Border Agency.

My girlfriend and I have been together since 2005 and I have travelled to see her every year sometimes staying at her house along with her family. We talk every day by phone and Skype chat and apart from the distance are very much a couple. Due to financial reason this is the first time we have been able to apply.

Along with the application we provided Photocopy of current an previous passports, recent wage slips, copy of my flats lease, Internet downloads of my last 3 months bank statements, Western union emails, itemised telephone bill, flight booking for me to Thailand and emails from Bangkok Airways showing flights taken by me and my girlfriend back to 2007, emails going back to 2005 and photographs. When we applied I was in Thailand so my girlfriend was effectively unemployed to be able to spend the month with me.

Please can anyone suggest what else we need to provide or how to prove our relationship is real?

The Decision

You state in your application from that you wish to visit your boyfriend, (my name) for a period of 3 months. There is onuses upon you, under the United Kingdom satisfy me as to your intentions in the United Kingdom; however you have failed to do so. You have failed to provide any satisfactory evidence of contact with him to demonstrate that this application for entry clearance is the result of a genuine relationship and one, which has substance over any reasonable period of time. Similarly, the only evidence on which to base the nature and substance of your relationship are some un-substantive e-mail correspondence and your sponsor’s holiday photographs. I am not therefore satisfied that the strength of your commitment would ensure that you would abide by the conditions of your visa if it where granted. In light of this I am not satisfied on balance of probability that you are genuinely seeking entry to the United Kingdom as a visitor or that you intend to leave the United Kingdom on completion of your visit as stated by you and as required by paragraph 41 (i) and (ii) of HC395.

To help put the nature of your intentions into context, it is important for you to provide evidence of your economic, professional and family circumstances in Thailand. You are of working age with no assets, ties or property, which might encourage your presence in your country. You state in your application form that you are unemployed and do not have an income. Although you have stated that you receive an income from your boyfriend (my name) there is no independent or substantiating evidence of a regular income. I note you have provided copies of emails purportedly from ‘western union’ to show that money was transferred to you by your boyfriend. However, you have not provided that actual receipts or your bankbook for me to verify this. Given the foregoing I am not satisfied on a balance of probabilities that you will be able to maintain and accommodate yourself without recourse to public funds or will be maintained and accommodated adequately by relatives or friends; nor that you can meet the cost of the return journey as required by paragraph 41 (vi) and (vii) of HC395

I have therefore refused your application because I am not satisfied, on balance of probabilities, that you meet all the requirements of the above paragraph(s) of the immigration rules.

This is a copy of the sponsorship letter we submitted.

Ref: (girlfriend name) application for UK visitors visa

Dear Sir/Madam

I have invited Rungnapa to visit me and stay with me at my home in Jersey and wish to act as her sponsor.

I first met Rungnapa in April 2005 whilst holidaying in Thailand with friends and since then and over the last 5 years our relationship has continued. We started with just a few emails a week to now daily contact by phone and Skype chats and me returning to Thailand as often as I can to see her. Despite the distance Rungnapa is now very much one of the biggest parts of my life and we both feel it is time for her to come and experience life in the UK and at the same time allowing us to plan our future together and where it will be.

I am Jersey born and have lived in the island all my life, I am in full time employment with a local fuel supply company and have been for the last 9 years. I have provided these accompanying documents: Copy of passport, Wage slips, Bank statements and a copy of my accommodation Lease also included are randomly selected phone records, some proof of holiday to and around Thailand, early email communication and photos.

Rungnapa is employed part time as a waitress in Bangkok but with few school qualifications she has found it hard to find fulltime employment with an honest employer and therefore lacks any real proof of employment or income. She is however honest herself and has full intention and good reason to return to Thailand after her stay in the UK. First: Having and living with a large family that is very important to her and who count on her to do her bit within the family. She is also particularly close and always mindful of her ageing father after the death of her mother in 2004 and would not wish to be away from him for any serious length of time. Second: Neither Rungnapa or myself would wish to jeopardise any future application and her returning to the UK and the future of our relationship with Thailand and the UK both being important in our long term plans and wishes.

I have Forwarded a copy of this letter along with a local sponsorship form to Jersey Customs & Immigration Service, Maritime House, La Route du Port Elizabeth, St Helier, JE1 1JD Telephone: 01534 448000; Facsimile: 01534 448027; E-Mail: [email protected]

I hope that this letter and the other information provided will assist Rungnapa in a successful application. Should you require more information from me please email

[RAZZELL]

The onus is on you both to show you have an "ongoing and subsisting relationship" and that your gf will "abide by visa regulations" ie return to Thailand.

I can't really see how the ECO doubted you had some sort of relationship if you provided 5 years worth of emails etc - and you obviously have a good idea about what you needed to include in the Visa Applcation, but let me raise a few points.

1) In the V/V guidance notes it says 6 months of your bank statements.

2) If your gf (or you) didn't keep the Western Union receipts you can call them and they'll send you all your payment records. They have do do this under Data Protection laws...although there is a fee (can't remember how much?) and you have to wait a week or two. Remember it's a "box ticking" exercise...give them the PROOF.

3) Did you include all your flight tickets, receipts, if not - booking emails?

4) Did you highlight entry and exit stamps in your passport?

5) Did you include a certified copy of your passport including every page?

6) What did the ECO mean by "your holiday photos"? Surely you have some of the both of you together? Her home? Parents? etc

7) If your gf hasn't got any land, property etc show her parents. A rental agreement in Bkk...anything.

8) Did you include her bank statements...even if she hasn't got any income?

9) You needed to say you were paying for her flight, all of her accommodation and expenses on her trip and have £XXXX of money put aside to pay for this (and show it in the bank)

10) Finally, your GF is the applicant so SHE failed to provide enough proof....did she print out email headers etc etc from her account showing she's corresponding with you?

It's always going to be borderline with your gf's background, but I think you were "nearly there" but needed a bit more proof/preparation from her end.

Don't give up

RAZZ

[VisasPlus]

There is a lot here that needs further clarification. Without judging, I think the ECO's decision was correct on the information that you seem to have provided. Maybe you could have provided more, which would have swung the balance in your girlfriend's favour.

For instance, you say that she was " effectively unemployed" at the time of application so that she could spend a month with you. Are you saying that she is normally employed and took leave from her job ? If so, what evidence of employment did she provide to the ECO ? Did she have a leave letter, for instance, to show that she is employed and was granted leave ? The refusal notice states that she stated unemployed on the VAF. I know that your sponsorship letter explains her employment from your point of view, but you have given the visa officer nothing firm to check. Where does she work ? Why no letter to say she in employed part -time, etc ? The visa officer has discounted your statement that she is employed because the VAF says she is unemployed.

The ECO refers to emails that are " purportedly" from Western Union. I would take that to say that the ECO doesn't believe, without further proof, that the emails are genuine, but I do note that he hasn't declared then as fake. What "emails" did you provide ?

The ECO says, in effect, that there is no evidence of regular support from you to your girlfriend. Did you provide evidence that you send support ? Your bank statements should show regular outgoings, and the Western Union receipts would show that the money reaches your girlfriend, even if it doesn't go into her bank account.

The ECO is saying, in effect, that for a 5 year relationship, you haven't provided enough evidence to support the claim. Phone records, lots of emails, evidence of continued support throughout the 5 years, lots of photos covering the full 5 year period, etc.

I hope you take my comments the way they are meant. My criticism is meant to be constructive. There is a lot more that could be said about the application, and I'm sure others will add their views. Your problem now is if you want to make another application for your girlfriend. You will firstly need to overcome the ECO's reasons for refusal and then provide a lot more documentary evidence.

[7by7]

It seems from what you have posted that you provided insufficient evidence to support the application; a sponsor's letter is not enough, unfortunately people do lie (not you, I'm sure) and so the ECO wants to see proof.

I would suggest that she re-applies, but this time you do supply that evidence.

I note that you live in Jersey and forwarded a copy of your sponsor's letter to the authorities there. My understanding is that settlement applications for the Channel Islands are not made in post but are referred to the government of the island concerned. Is it the same for visit visas?

[neilpjsy]

Thanks for the replys I shall read through them this weekend. Any and all points are greatly recived.