VISIT VISA Refusal - Girlfriend (PAP or Re-apply)

[KKD]

Hi all,

So my girlfriend's visa got refused for reasons on the attached file which i think the decision was a bit harsh and were not justified.

1. In her application, we had stated she earns £300.27 monthly but on the other information section of the application form we further explained she is in receipt of a quarterly contractually bonus equivalent to £720 which makes her average monthly income as £540 , this was evidenced by payslip, letter from employer and bank statement showing the payment but the ECO seem to have ignored or disregarded the footnote on the application form so appears to be an error on their part.

2. Their office are not opened on monday's and friday's as they all work from home so the office phone isnt manned, unfortunately the ECO called on the friday when the office was closed, regardless they had other means to contact the employer (email) or perhaps a call to my girlfriend to ask.

Anyways, I'm thinking of putting in a PAP but we think will be a long winded process as would like her to come and visit as soon as possible and return. What would you advise.

Secondly, we stated that she will be contributing £200 towards personal expenses, if we re-apply, can i change this to ZERO (0) and state that i will foot all the bill? will this have any adverse impact on her application?

We will obviously address reasons in the first refusal letter if we re-apply.

Appreciate your assistance in advance.

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[THO]

If you go the PAP route, it will take some time, 12 weeks I think is minimum if you get your case reviewed and turned over by the pre trial team, but you will need to prove your case 100%.

Also, my OH tried to visit me a few years ago (now here and we are married), and she was in a much better financial position, with a sound job she had been in for years, and a holiday request permitted note etc, and we got turned down twice, I'd even bought her return ticket to VN, and she got turned down for same reason, despite showing her bank account with substantial savings amassed.

Be aware, that if you do overcome that objection, the ECO could still refuse on the grounds she does not have enough income to support herself for the trip, or that you have not proven she has strong enough ties to return to her home country.

You might be best not wasting more time and money, and go visit her, if you can these days.

[KKD]

If you go the PAP route, it will take some time, 12 weeks I think is minimum if you get your case reviewed and turned over by the pre trial team, but you will need to prove your case 100%.

Also, my OH tried to visit me a few years ago (now here and we are married), and she was in a much better financial position, with a sound job she had been in for years, and a holiday request permitted note etc, and we got turned down twice, I'd even bought her return ticket to VN, and she got turned down for same reason, despite showing her bank account with substantial savings amassed.

Be aware, that if you do overcome that objection, the ECO could still refuse on the grounds she does not have enough income to support herself for the trip, or that you have not proven she has strong enough ties to return to her home country.

You might be best not wasting more time and money, and go visit her, if you can these days.

Cheers THO for the the advise, although would think that HO were satisfied with all the other documents we had submitted with the application to prove strong ties back home (living with her mom who needs care, two investment accounts and other commitments at church) and only picked on this issue which was an error on their part given evidence of salary had been submitted? They can't be moving the goal post as they see fit if we were to apply with same documents and only change is to clarify refusal letter. That would be profiteering if they keep changing reasons for refusals after each has been addressed. Might probably then consider PAP after second attempt but here to hear views.

[THO]

It does seem that since they picked up on one thing and refused that, that was all they want you to prove, but I believe it has been known that a new application might fail on something else.

My OH also had an impeccable travel history, including to Germany, but it was hard for her to prove she has to return home. Don't be surprised if you try again to get a fail even if you think you have proven their doubt wrong.

I had to do a PAP for our MVV which we applied for, and I went for the jugular, I aimed it at taking the ECO who made the decision to refuse that one (yes we had four visa attempts at different visas and not one of the got through first time and refusals for stupid reasons each time) to court to hold him personally responsible for his careless appraisal of the evidence in front of him, ignoring what was obvious.

Might be that a PAP is the way to go for you, and hope you get the decision overturned in the 12 weeks, and not have to go to court, which could take ages. You really need to make a strong case for them to answer, i.e. you will take things to court if they cannot explain how come this income was ignored. But my worry would be that even including this, she has not got enough to come here, in there eyes. She would be spending too much of her yearly income on one trip to be realistic.

There are others on here who know more than me though, so perhaps wait for other advice.

[KKD]

So thought I'd update this thread of the. outcome of this case...

1. I submitted PAP to the home office on 27 September 2020
2. Received response from HO to say to give them 3 months to reconsider
3. On 07/01/2022, HO overturn refusal and asked for resubmission of passport.

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[n8net]

congrats KKD.

so what is the process for PAP, is it just filing a form or you need to send letters as well?

[THO]

Well done KKD, good for you. What approach did you take with the PAP? What was your argument?

[KKD]

congrats KKD.

so what is the process for PAP, is it just filing a form or you need to send letters as well?

Yes, you complete a Pre-Action Protocol form with required information and your argument, self explanatory really.

What i added to my PAP form was copy of the application form, applicant's bank statement, payslips and employment letter as ECO failed to acknowledge she receives quarterly bonus which was visible in her statement, payslip and employment letter.

Correction** The PAP was submitted September 2021 and not 2020.

[KKD]

Well done KKD, good for you. What approach did you take with the PAP? What was your argument?

Hi THO, so basically i highlighted the fact that

1. ECO failed to take account of the quarterly bonus in their calculation

2. Information regarding the quarterly bonus was mentioned in the other information part of the application form

3. Her closing balance at the time of application was more than the £200 she had stated to spend which was all that was required as per the visitor visa requirement.

4. Also, I do not believe that the ECO called her employer several times on that day and i requested to see evidence of such calls. My other argument around this was that her employer had provided other alternative numbers and emails which the ECO could have used but failed to do so. Also there could be so many other reasons why the office may have been closed on that day and it is not fair for the applicant to be punished for that, what the ECO could have also done was call the applicant and find out the situation on the ground.

5. I requested to see timeline of when the ECO started on the application and when it was marked as completed.

So that was my success story, will update when visa is picked up.

[KKD]

So thought I'd update this thread of the. outcome of this case...

1. I submitted PAP to the home office on 27 September 2020
2. Received response from HO to say to give them 3 months to reconsider
3. On 07/01/2022, HO overturn refusal and asked for resubmission of passport.


*** Correction - PAP was submitted 27 September 2021

[THO]

Good, well done. The direct approach pointing out the obvious errors is best, exactly the one I took to get my fiancé's MVV sorted.

[AGM23]

Well-done and congrats.

Can i ask where to get the PAP form from? could you please provide the link?

Also what email address did you send it on?


Thanks