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How Do You Know If Your Application Will Be Refused? UK Lawyer Explains in Tagalog /English

Maraming mga applications are destined to fail because of many reasons. Of course, this is not to say na lahat ng maayos at well-prepared na applications will not be refused or denied. But if those good applications can and may be denied, let alone yong mga applications na talagang “suntok sa hangin”? I have encountered many applications which are well-organised, naka folder pa lahat, pero bigo pa din. Visa applications are sometimes a mystery and a ‘black box’ because even when you know you have a strong chance to get it, but failed.

Here are some points to know that your application will fail:

  1. Incorrect Form – An application will surely fail if an application used by the Applicant is wrong. Don’t use a Form intended for Domestic Worker if you’re applying for Student visa. If you can, make a letter to the Consul or the Caseworker to rectify the mistake if still possible.
  2. A box wrongly checked – May mga simpleng tanong lang but because an applicant checked the wrong box by saying, Yes which should be No, can lead to failed application. Dapat ma double-check ng maayos ang application form kung may mga items na dapat mai-correct. Some of those wrongly checked box can lead the decision-maker to allege that the applicant is a liar and a fraudster, which can lead to be refused under Rule 320(7) A of the Immigration Rules. If you can, make a letter to the Consul or the Caseworker to rectify the mistake if still possible.
  3. Faked documents – you know that they will investigate and validate your submitted documents. The moment they found out, it will not only make your application be refused but you could be banned to enter the United Kingdom and possibly other countries they share people’s derogatory records, for many years.
  4. Did not provide Mandatory Documents as per Appendix FM-SE Specified Evidence – prepare a checklist and include all items you are submitting along with your applications in your cover letter. Do not just submit the application and the supporting documents na parang ‘bahala na si batman’ jan. Sana makita nila mga documents ko. Imagine an immigration officer has to make decisions on 100 cases per day. Your aim should be to make their job easier by having all those documents available, ready and properly indexed. But without those mandatory documents, you are giving the reason for the application to be refused. The word ‘mandatory’ meant it is required and must be complied with even if you have reasons why you should. Sumunod ka na lang. Just provide all documents.
  5. Failure to meet some provisions of the UK Immigration Rules – for example, hindi mo na-meet ang financial requirements; very likely your application will be refused unless there are some valid reasons why that requirement is impossible for you to meet.
  6. Failure to persuade the decision-maker – madalas ito sa visit or tourist visa. The Caseworker will normally say sa refusal letter: “because of this and because of that…blah blah blah…you failed to persuade me that you will come back to the Philippines.” Sasabihin nila ang konteng reason which sometimes is very pathetic and unfair, and then wala kang right of appeal or administrative review (AR). Kaya mahalaga ang persuasive cover letter because the UK, wala usually na interview sa mga visit visa applicant. Puro papers lang madalas ang submissions kaya importante na sa cover letter mo, masabi mo bakit ka pupunta ng UK at kelan ka babalik. Anong magpapabalik sa iyo sa Pinas?
  7. Failure to disclose material information – for example, may refusal ka na noon pero hindi mo sinabi, refusal ulet iyan. Importante na ma-address mo bakit ka na-refuse noon? You need to mention that negative decision sa application mo, or kung nag-overstay ka? Bakit mo nagawa yon? Or did you go home voluntarily without asking the UK taxpayer to pay for your airline ticket? Or did you stay more than you should because of your care responsibilities? These must be mentioned to avoid the consul thinking you are hiding something.
  8. Inconsistency in your application – usually ito nangyayari if something you put in your application is materially different or even contradictory to the letter you wrote. I even had a client where I represented in Court because the letter said: “I have now seen my ex-husband anymore and therefore I am the primary and sole carer of my child…” She should have corrected that word and make it to “not” instead of “now” that should read correctly as: “I have not seen my ex…” Those simple and silly mistakes can lead to a refusal. I won that appeal in court anyway because I say the decision maker should be use their head and reasoning when making decisions such as this. The judge agreed to my legal submission and the appeal was allowed. We won. Consistency and corroboration of all documents to one another are keys to success.
  9. Caseworker’s error – tao din lang ang mga visa officers. They also make mistakes and errors in judgment. They may have not seen all documents that led to material error of facts and hence the application is refused. You can challenge this through appeals in court (i.e. lodging an appeal, Reconsideration, Administrative Review or Judicial Review).

***

Do you want to instruct me? Please send me a brief explanation of your case or send any relevant document to my email: donm@queensparksolicitors.co.uk and let me see if I can help you or not. We offer a telephone consultation for only £70 for 30 minutes or £120 for 60 minutes.

We are Queen’s Park Solicitors. I am a  lawyer based in London, UK. My name is Atty.  Lindoven Magsino, BSc, MBA, GDL, LLM, Ph.D. (candidate). We are based at Suite 4, Stewart House, 56 Longbridge Road, Barking, Essex IG11 8RT, United Kingdom | Telephone: 02036437508 | Mobile: 07446888377 | Fax: 02033931725  | Email: donm@queensparksolicitors.co.uk | Regulated by the Solicitors Regulatory Authority (SRA) 566513. Visit us at http://www.queensparksolicitors.co.uk. 

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