Hi All,
I am a British Citizen and I have applied for Standard Visitor Visa for my Sister, her husband and 2 kids in New Delhi India.
The Visa has been refused. The refusal letter for my sister says as below:
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Your Application for a visit visa to the United Kingdom has been refused.
The decision
I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph V4.2(a) and V4.2(c) of Appendix V Immigration Rules for Visitors because:
- You state that you wish to visit the UK for 14 days with your spouse and 2 children to visit your brother in the UK. I understand and accept that family visits are important and I have therefore carefully considered all of the elements of your application, weighing the importance of your proposed visit against the requirements of the Immigration Rules.
- I Acknowledge the supporting documents from your brother and that he has agreed to meet all the costs of your visit and those of your husband and 2 children. I am satisfied from the evidence provided with your application that has has the financial means to do so. However, I must assess the information you have provided about yourself separately from your sponsor's part of the application. It is your responsibility to satisfy me that your circumstance in India are such that if given leave to enter you will comply with all of the conditions attached to such leave and that you will leave the UK on completion of the proposed visit.
- I have considered the information you have provided about your personal and economic circumstances. You state in your application form that you are self-employed and a boutique dress designer with income of 255840 INR a year (approximately £3068 using the OANDA exchange rate on your date of application). I am not satisfied that your have provided adequate evidence to substantiate this income. I note that you have provided an Indian Income Tax Return for 2016-2017 stating that your annual income is 261070 INR (£3131) but the figure in this document appear to have been altered as the font for some of the figures is different. I am also not satisfied that your stated income is reflected in the financial evidence you have provided (account number ending in XXXX) where the deposits have either been low or exceeded your stated income (eg 100000 INR - approximately £1199 - was deposited on on 3 November 2016 and 200000 INR - approximately £2398 - was deposited in January 2017). I am not satisfied that you have satisfactorily demonstrated the origin of these funds which are not consistent with your stated income and that the financial evidence you have provided provides an accurate picture of your financial circumstances.
- All of above is relevant, as unambiguous evidence of your claimed employment, pattern of income or means of support is required to assess your situation in India. I am not satisfied from the evidence provided with your application that your circumstances are as stated. This casts doubt on your credibility and reasons for wishing to travel to the UK and I am not satisfied that you are a genuine visitor and would leave the UK at the end o f your visit. I am therefore refusing your application under paragraph V4.2 (a) and (c) of the UK Immigration Rules.
Future Applications:
Any future UK visa applications you make will be considered on their individual merits, however you are likely to refused unless the circumstances of your application change.
In relation to this decision there is no right of appeal or right to administrative review.
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A series of mistakes have been made by case worker here.
1. Inadequate evidence of self-employed income - My sister has submitted a letter from her accountant confirming her income from self employment. 3 income tax returns of previous years have also been submitted to confirm her earnings from this self employment. She does home based dress designing - small business which is cash based. All this has been confirmed by her accountant in a letter. Whenever she has some amount to deposit in the bank she has deposited the money in the bank and same has been explained in the cover letter against the bank account transactions.
2. Income Tax Return 2016-17 - This is the original income tax return of last year (not current year). The Year 2016-17 does not mean that it has income from this year. It has income from last tax year and submitted after Mar -16 once the tax year end in Mar-16 (known as 2016-17 in India). We have clearly stated in the cover letter that this year's income tax return is yet to be filled after Mar-17.
3.The Font issue in Income Tax Return - We have submitted the original tax return issues by Income Tax department and it has the font they have used. I am not sure why we could be accused for different font used in the income tax return. We have submitted a letter from accountant who has also confirmed this earning. It seems the case worker has gone too far with the fonts here.
4. Explanation of the big amount deposited in the bank account: This comment has been made by the case worker. My sister has some cash surplus that she has built up in last few years that she lends to her connections and earns interest income on this money. This has clearly been explained in the application form, letter from accountant and in the cover letter. The transaction in question by the case worker have clearly been explained in the cover letter as the money that has been returned by those who have borrowed from her. There were many transactions where the similar amount of money has left from the bank account in last 6 months and clear explanation has been provided in the cover letter for each one of those. Not only that, there were income from the interest earned on this money landed to others that has come straight in bank account and have been clearly explained in the cover letter. A letter from accountant has been attached with the application that clearly explains that my sister lends money to others and earns interest on that money. What other evidence we could have provided of the money deposited in the bank account?
Looking at the above points, it seems that the case worker has clearly ignored the accountants letter, cover letter and overlooked at the application form. Not only that, the case workers has not understood the income tax return correctly.
Considering above, since it appears to be a clear mistake of the case worker, what options do I have (other than reapplying)? Our circumstances have not changes if we reapply and we do not have any additional document to support any of the above?
Can someone please help?
Thanks,
Jay
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