There are several reasons why Visitor Visas are refused are noted below as well as the best approach in dealing with them:
Where the reason for an applicant’s visit is not covered by the Immigration Rules
Where an application has been refused on the grounds that it has been made for a reason not covered by the Immigration Rules, the correct approach would be to submit a fresh application based on reasons covered by the Immigration Rules.
A failure to provide adequate information or documents required to support a Visitor Visa application
Where an application has been refused because inadequate information or documents have been supplied, a new application should be submitted with the information or documentation required. The new application should address deficiencies in the previous application. This may be achieved by filling in the correction information on the application and where necessary providing further clarification in an explanatory statement submitted with a fresh application.
If the UKVI refusal is due to a failure to provide sufficient documents, it will be necessary to submit all the relevant documents with a new application.
A failure to demonstrate that the applicant has sufficient means to financially support or adequately accommodate himself
If an application has been refused on the basis that the applicant has insufficient financial means or cannot adequately accommodate himself on arrival in the UK, this should be addressed and evidenced before submitting a further application.
There are several reasons why the UKVI may conclude that an applicant does not have sufficient means to support themselves financially. This could be because the documents provided suggest that the applicant does not earn enough and/or because they have not properly documented what the value of their assets. In scenarios like this, the applicant such seek to increase their earnings and possibly provide evidence of their savings before submitting a fresh application. Providing evidence of their assets and their valuation may also be helpful.
Third party support from family or friends showing that they may be able to support an applicant may be useful, however the UKVI will pay close attention to the financial circumstances of the applicant in their country of residence.
With respect to accommodation, an applicant should be able provide evidence of where they will reside in the UK, whether this is by way of a hotel reservation or written confirmation from a family member or a friend in the UK.
A failure to adequately account for monies shown in a bank statement held by an applicant
Submitting bank statements with inflows which cannot be accounted for is a very common ground for visitor visas being refused. The source of payments into bank accounts should either be clear or explained, if necessary, by other supporting documents.
Where an application has been refused on the basis that the UKVI is unable to determine how payments, especially recent deposits have arrived in an applicant’s account, it is important to address this issue in a subsequent application.
A reasonable suspicion held by UK Visas and Immigration that an applicant will not leave the UK at end of their visit based on their personal circumstances in their country of residence
Visitor visas may be refused because the personal circumstances of an applicant are such that the UKVI takes the view they will not return to their country of residence, if granted visas. To address this concern applicants must be prepared to provide sufficient information demonstrating that they will return home at the end of their visit. This may be by evidencing ties family ties, employment, achievements in business, assets and any other relevant matters showing they have compelling reasons to return to country of residence when applying.
The existence of a ban relating to a breach of the immigration rules which is still in force
When a Visitor Visa applicant has been refused because he is subject to a ban it is generally advisable to wait until this ban is no longer in effect before re – applying. The UKVI may impose a ban because an applicant has submitted false documents in a current or past application, made false representation, withheld a material fact or overstayed. Any application submitted by a visa applicant while a ban is still in force will be refused.
Where a deportation order, exclusion order or travel ban is still in force
Where a deportation order, exclusion order or travel ban is in force any Visitor Visa application submitted will need to be revoked before a successful Visitor Visa can be made. An applicant must therefore apply to have any order preventing his admission to the UK removed before attempting to submit a Visitor Visa application.
Conclusion
It is important to state that applications can also be refused due to a case working error.
Where a case working error has been made resulting in a ban, it should be challenged by way of a judicial review application. Judicial review applications should be submitted within 3 months of the date of the UKVI refusal letter but the process should commence as soon as possible.
The list above is not intended to be exhaustive.
For more information about any of the issues covered in this update, or if you need advice in relation to a Visitor Visa refusal, please get in touch with one of our Immigration solicitors today.
