Post
by MouseyOne » Wed Apr 23, 2008 6:31 pm
Hi sorry I haven't replied for a while but I thought I should until I get the actual letters from the Embassy. Well first of all, although the application was lodged in Zimbabwe, for some reason it was sent to Pretoria, so it took about 7 days to come back.
2 of my siblings have been here before to visit (twice), but I couldn't have the other because he was too little to subject him to an 8 hr flight so now that he is 8 it's ok. They are between 8 - 14 yrs old.
I wanted them to come for April but obviously, that's history, so I was thinking about having them over for August school holidays which is when they are next off school.
THE REFUSAL
The evidence that the Entry Clearance office has taken into account
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 you provided
Rate of Exchange £1 = zim $ 75 million [not sure why he is stating this to a 10 yr old!]
Next page says he has assessed the application based on paragraph 46A of the immigration rules which say I must be satisfied that you:
i. meet the requirements of 41i - vii and
ii. are under the age of 18 and
iii. can demonstrate that suitable arrangements have been made for your travel to and reception and care in the UK and
iv. have a parent or guardian in your home country of habitual residence who is responsible for your care and
v. if a visa national, a) hold a valid UK entry clearance for entry as an accompanied child visitor and are travelling in the company of the adult identified on your entry clearance, who is in the same occasion being admitted to the UK or b) hold a valid UK entry clearance for entry as an unaccompanied child visitor
Entry 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 the requirements of paragraph 41 - 46 A of the Immigration Rules. This deision was made on the merits of this application. However if you have a previous application and immigration history, this may have been considered.
There is another letter - one page, I have run out of steam and can't type anymore. But is says it's the Clearance officer's reasons and supporting evidence. They waffle about immigration rules for 2 paragraphs with nothing of substance being stated here. Then paragraph three says that he doesn't think we can afford to have them over for 25 days because my bank balance shows £2000 ish. It also says the other statement submitted shows the owner uses the money for their commitments [I have no commitment coming from that account apart from rent, and I receive my business salary in there, as well as rental income - so I'm not sure what they mean]. He then goes on to say given the financial constraints he is not satisfied they will be maintained and the cost of the return journey met as required by paragraph 41 vi and vii. [this by the way was only £300 for all of them via Air Zimbabwe at the time, and iteneraries attached].
He then says, you state your hosts are in employment, but you have not stated who will be caring for you when you are there, so do no meet 46A iii. [unbelievable - so would we leave the kids alone?]
He also notes that they have previsously travelled to the UK, however each application is assessed using the information provided at the time etc.
He also states that the application coincides with severe economic problems in Zimbabwe etc he is not satisfied she intends to leave and the end of her proposed stay but is satisfied she meets all the other requirements of paragraph 41 of HC 395.
Now, to say I am shocked is an understatement. But Ok, I admit there are a few things I over-looked. I was intending to use Air Zim for a cheap 100 quid per child why pay BA £700 per child? Air Zim would not allow me to pay for the tickets before visa is issued. In the past I have purchased tickets with British airways and paid for their fly solo service prooving that the kids would be looked after throughout their journey and handed over by guardians /relatives etc at airports. Also I guess paying for tickets upfront shows that they can afford the cost of the journey. I am not sure that it costs that much to have 3 kids over for just unde 4 weeks - food etc!
I do have other bank accounts showing my other earnings, which I did not add as I thought my business account would be sufficient as it also has rental income from one of our properties apart from income from my online business. My other account shows rental income from our other house and income from my part - time job as a nurse with the NHS [this is bank* position and go when I want rather than daily since I'm a full time student]. Being a student means I'm off over school holidays and can watch the kids etc - the clearance officer knows this.
Now, how do you suggest I tackle this because I do not want to poo - poo it. I would like to have a lovely summer please so any help would be great. I have copied and pasted the paragraphs in question and was thinking of doing the same in the appeal and answering each one line by line providing evidence. Does 46A(v) apply, I'm not sure I'm following because a) they are not being accompanied b) Isn't the Entry clearance what they are applying for? Also, another question - for the appeal, I expect the kids should sign the appeal forms right? My Dad signed the application forms on their behalf, should we be signing the appeal forms for them? Also - the deadline for appealing, do they take in to account when the passports were sent back by their courier or do they just base it on when they declined?
41. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor are that he:
(i) is genuinely seeking entry as a visitor for a limited period as stated by him, not exceeding 6 months; and
(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and
(iii) does not intend to take employment in the United Kingdom; and
(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and
(v) does not intend to undertake a course of study; and
(vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and
(vii) can meet the cost of the return or onward journey
46A The requirements to be met by a person seeking leave to enter the United Kingdom as a child visitor are that he:
(i) meets the requirements of paragraph 41 (i)-(iv) and (vi)-(vii);
(ii) is under the age of 18; and
(iii) can demonstrate that suitable arrangements have been made for his travel to, and reception and care in the United Kingdom; and
(iv) has a parent or guardian in his home country or country of habitual residence who is responsible for his care; and
(v) if a visa national:
(a) holds a valid United Kingdom entry clearance for entry as an accompanied child visitor and is travelling in the company of the adult identified on his entry clearance, who is on the same occasion being admitted to the United Kingdom; or
(b) holds a valid United Kingdom entry clearance for entry as an unaccompanied child visitor;
