Post
by MAS99 » Sun May 12, 2024 4:05 am
Hi all,
I am going to send PAP letter for my mother's visit visa refusal. Can someone please review it and let me kow if it make sense:
Refusal reason
You state that you intend to visit the UK for 2 month and 30 days to visit your son and
his family.
• I recognise the importance of family visits. I am aware that you were previously
refused entry clearance on 14/11/2022 under visa application number UKVI 05 /
xxxx. That application was refused because the Entry Clearance Officer was not
satisfied that your intentions were as stated. Full reasons for the decision were
provided in the Notice of Refusal. I have considered this application on it own merits
and have carefully considered all the documents and information provided, but I am
not satisfied that you have met the requirements of the Immigration Rules on this
occasion.
• You state that your son will help you with this visit by providing your maintenance and
accommodation for the duration of your proposed trip to the UK. You have also
indicated that he will pay £2,000.00 towards the cost of your trip, and based on the
documents you have provided, I am satisfied that he is in a position to do so. While I
take that into account, this is only one aspect of the visitor rules, and this sponsorship
does not satisfy me of your own intention to leave the UK on completion of your
visit. The onus is on you to qualify for entry clearance based on your own
circumstances and your own intentions.
• You state that you are a self-employed Landlord earning 2,580,000.00 PKR
(£7,375.76) per year. You have declared savings of £3,000.00, and state that you
spend 50,000.00 PKR (£142.94) on monthly living expenses.
• I note you have provided an affidavit in support of your application stating, I own a
commercial property in my name and receive rental income of PKR 215,000 (approx.
£6010) per month. I have savings of around PKR 1,224,790 (approx. GBP 3,477),
however, affidavits are produced and attested by officials without the need to
produce any substantiating documentation. They are, in effect, a self-declaration,
based solely on the word of the declaring party; And while I note you have provided
an affidavit for a rent agreement, I also note this agreement was made on
22/02/2023, less than 7 weeks before you submitted your application for a UK visit
visa, and states it will be for a period of three years from 22/02/2023 to 22/02/2026. I
further note in your previous application (VAF xxxxx refers) which you submitted
on 25/10/2022, you stated that you were unemployed and had no savings or income.
These discrepancies undermine the overall credibility of the information provided in
your application to the extent, I am not satisfied that you are a genuinely seeking
entry as a visitor or intend to leave the UK at the end of your visit.
• In addition, while I note the UBL bank statement in your name (account number
ending xxxx) has a closing balance of 844,790.00 PKR (£2,415.10) on 31/01/2024, I
also note these statements cover the period from 01/07/2023 to 31/01/2024 and
shows an opening balance of 2,790.00 PKR (£7.98) and credit transactions totalling
an amount of 960,000.00 PKR (£2,744.47). Given that these funds were received
prior to the rental agreement being executed, the documents do not demonstrate that
these funds were derived from rental income, and you have declared no other
income. As such, the documents do not demonstrate how these funds were derived. I
am therefore, not satisfied that the documents demonstrate that your circumstances
are as you set out in your application.
My PAP letter now
The details of the matter being challenged:
I have applied for UK visitor visa on 18th April 2024. The Entry Clearance officer (ECO) has rejected my visit visa application (xxxxx) on 06 May 2024 under paragraphs V4.2(a) and V4.2(c) of Immigration Rules.
ECO has stated 2 main reasons for refusal which are mentioned below.
On page 2 in paragraph 5 of refusal letter, the ECO states
”I note you have provided an affidavit in support of your application stating, I own a
commercial property in my name and receive rental income of PKR 215,000 (approx.
£6010) per month. I have savings of around PKR 1,224,790 (approx. GBP 3,477),
however, affidavits are produced and attested by officials without the need to
produce any substantiating documentation. They are, in effect, a self-declaration,
based solely on the word of the declaring party; And while I note you have provided.
an affidavit for a rent agreement, I also note this agreement was made on
22/02/2023, less than 7 weeks before you submitted your application for a UK visit
visa and states it will be for a period of three years from 22/02/2023 to 22/02/2026. I
further note in your previous application (VAF xxxx refers) which you submitted
on 25/10/2022, you stated that you were unemployed and had no savings or income.
These discrepancies undermine the overall credibility of the information provided in
your application to the extent, I am not satisfied that you are a genuinely seeking
entry as a visitor or intend to leave the UK at the end of your visit.”
On page 2, in paragraph 6 of the refusal letter, the ECO states
“In addition, while I note the UBL bank statement in your name (account number
ending xx78) has a closing balance of 844,790.00 PKR (£2,415.10) on 31/01/2024, I
also note these statements cover the period from 01/07/2023 to 31/01/2024 and
shows an opening balance of 2,790.00 PKR (£7.98) and credit transactions totalling
an amount of 960,000.00 PKR (£2,744.47). Given that these funds were received
prior to the rental agreement being executed, the documents do not demonstrate that
these funds were derived from rental income, and you have declared no other
income. As such, the documents do not demonstrate how these funds were derived. I
am therefore, not satisfied that the documents demonstrate that your circumstances
are as you set out in your application.”
I believe that ECO had made a mistake in assessing and reading the documents provided in application and has mixed dates. Please see below our issue regarding this judgment and my response.
Issues
1. On page 2, in paragraph 5, ECO is stating that the “rental agreement was made on 22/02/2023, less than 7 weeks before you submitted your application for a UK visit visa”.
Response
The application was submitted on 18/04/2024, and rental agreement is dated 22/02/2023. The duration between these 2 dates (Agreement date 22/02/2023 and application date 18/04/2024) is almost 14 months/ 60 weeks. The rental agreement submitted is clearly dated 22nd Feb 2023.
We believe that ECO has not properly read the document and made a genuine mistake and took the agreement date to be 23/02/2024 which is then 7 weeks before the application date.
2. On page 2, in Paragraph 5, ECO also stated:
“I note you have provided an affidavit in support of your application stating, I own a
commercial property in my name and receive rental income of PKR 215,000 (approx.
£6010) per month. I have savings of around PKR 1,224,790 (approx. GBP 3,477),
however, affidavits are produced and attested by officials without the need to
produce any substantiating documentation. They are, in effect, a self-declaration,
based solely on the word of the declaring party.”
Response
The affidavits are officially signed documents by Govt official. The affidavit is signed after providing substantiated documents to the govt official who confirm the details of the affidavit and the underlying documents. A copy of the affidavit is then maintained by Govt official in their official record along with supporting documents.
In our case we also produce the rental agreement and property purchase documents as backup to our affidavit. They were attested by the govt. Although they are self-declaring, however they are verified by govt official after assessing the documents.
3. On page 2, In Paragraph 5, ECO also states that:
“I further note in your previous application (VAF xxxx refers) which you submitted on 25/10/2022, you stated that you were unemployed and had no savings or income. These discrepancies undermine the overall credibility of the information provided in your application to the extent, I am not satisfied that you are a genuinely seeking entry as a visitor or intend to leave the UK at the end of your visit”
Response
There has been no discrepancy between information provided on both applications.
Applicant bought the property on 01/08//2022. The property was already rented out before our purchase, and we were assured that we will start receiving rental income. We only received 1 month of rental income in cash before the renters complained about the status of the building.
It was then decided in Nov 2022 to do necessary change to the structure of the building and renovate the building. The building was cleared from renters and work began in beginning of Dec 2022. As at 25/10/2022, the claimant was earning rental money. The property was then re-let on 22/02/2023.
Although we made a mistake in filling the application form by declaring that she has no income or savings, but this was corrected in the letter “Financial and personal Information about Samina Naz” dated 15th Oct 2022 that she is earning money via this property. This letter was submitted as part of the documents. We made a genuine mistake in filling the application form on 15th Oct 2022, but this was corrected with the letter stated above.
In the applicated date 18th April 2022 we have filled the application form correctly and attached the necessary documents of her additional income. So, there has been no discrepancy on the information provided on both applications.
4. On page 2, In paragraph 6, ECO states
“In addition, while I note the UBL bank statement in your name (account number
ending xx78) has a closing balance of 844,790.00 PKR (£2,415.10) on 31/01/2024, I
also note these statements cover the period from 01/07/2023 to 31/01/2024 and
shows an opening balance of 2,790.00 PKR (£7.98) and credit transactions totalling
an amount of 960,000.00 PKR (£2,744.47).”
Response:
The Bank statement provided are for period 01/07/2023 to 21/03/2024. I am not sure why ECO has only considered bank statement period up to 31/01/2024 while the bank statement clearly shows and mentioned the period from 01/07/2023 to 21/03/2024. This also make me believe that ECO has not read the documents properly and totally made the incorrect decision.
Also, the balance on 21/03/2024 is 1,224,790 PKR (£3,501) which should be used in this application form. This has been ignored by ECO again.
The total credit during the statement period is 1,490,000 PKR (£4,259). ECO has missed/ignore 530,000 PKR (£1,515), credits from 31/1/2024 to 21/03/2024 from his calculations.
It is unusual for females to have bank accounts and receive rental income in bank in Pakistan. Most of the business in Pakistan is done via cash, however I started depositing money in bank account to show that I am genuinely earning rental income and I am seeking a genuine visitor visa to UK.
5. On page 2, In paragraph 6, ECO states
“Given that these funds were received prior to the rental agreement being executed, the documents do not demonstrate that these funds were derived from rental income, and you have declared no other income. As such, the documents do not demonstrate how these funds were derived. I am therefore, not satisfied that the documents demonstrate that your circumstances are as you set out in your application.”
Response:
This statement is incorrect. ECO has not read the documents properly and has mixed the dates. The rental agreement was executed on 22/02/2023 and funds were received in bank from Oct 2023 onward. The applicant was receiving rental income in cash from 22/02/2023 till September 2023 which was later changed to deposits in banks. This is evident from bank statement provided during the application.
The funds received in bank clearly matches the rental agreement. You can clearly see monthly rental income received.
Date received Amount (PKR) Description
14/10/2023 215,000 Rent for Sep 23
09/11/2023 100,000+,100,000+,15,000 =215,000 Rent for Oct 23
05/12/2023 190,000+25,000 = 215,000 Rent for Nov 23
06/12/2023 100,000 Funds from xxx (son)
08/01/2024 215,000 Rent for Dec 23
03/02/2024 215,000 Rent for Jan 23
10/02/2024 100,000 Funds from xxx(son)
20/03/2024 215,000 Rent for Feb 23
The rental agreement and bank statement provided, clearly demonstrate that these funds were derived from rental income. This has also been validated by accountant letter provided in support of this application.
6. On page 2, paragraph 7, ECO states that
“While I note you have provided four family registration certificates in support
of your application, these documents only demonstrate the relationship between
those listed and not their residential status, as they show your son who reside in the
UK”
Response
This argument doesn’t make sense. The four family registration certificates clearly mention names and relationship. They also show the family of those listed including their children and wives’ names. All those family members are currently residing in Pakistan. The two other sons (xxx & xxx ) also provided affidavits attested by govt officials. These affidavits show the full current residential address of these individuals. These affidavits have been witnessed by other local individuals who has also confirmed their residential address. These affidavits can be verified from local government database as they have reference number and date it was attested.
Also, it is clearly from UK Immigration database the Mr xxx has also applied for UK visit visa in Islamabad in Jan 24 which proves his residential status to be in Pakistan. The application form or guidance doesn’t ask to provide any residential status of relatives.
I have already shown that I own a property worth about £100,000 in Pakistan. I already have a healthy bank balance and has been fully supported by my Childrens. I am already a voluntary teacher at local school, and this can be proved from the letter. I have also shown that I have an extended family in Pakistan including grandchildren as can been seen from family registration certificates of xxx. I have lived my whole life in Pakistan and has no desire to live in any other country.
The details of the action that you want Home office to take
We believe the ECO has made a genuine mistake of mixing the rental agreement date where he took the rental agreement date to be 22/02/2024 instead of correct date which is 22/02/2023.
I want to challenge this decision as this decision is based on inaccurate/wrong data assumed by ECO. This decision is not in compliance with immigration rules and regulations, and I would humbly ask the Home office to re-consider this decision give the above reasons and ask the visitor visa to be issued at earliest opportunity.
The details of any documents that are considered relevant and necessary
Please note that all documents listed below are NOT new documents. They were already provided as part of application on 18.04.2024.
• Property documents
• English translation of Property documents
• Rental Agreement in English
• Bank Statements for period 01/07/2023 to 21/03/2024.
