Once the applicant understands this, it would be easier to draft a comprehensive list of evidentiary documents, based on his or her personal circumstances, which will enable them to support the answers in the application.
The applicant must therefore not merely depend on the list of supporting documents provided by the UKVI website, but should determine, by themselves, the additional OTHER DOCUMENTS necessary to support the application.
In order to understand how essential it is to provide a complete set of supporting documents, UKVI policies provide two types of documents which an applicant for the UK visa, whether for a UK Spouse Visa, UK Fiancée Visa or UK Visit Visa, should attach with the application:
- The Mandatory Documents
- Other Documents
Other documents, however, are those additional documents that will support all the answers and statements in the application form. Not necessarily primary documents but equally essential to prove the applicants intent to return to her country of origin.
In early 2010, when we were still working for another immigration consultancy, a Filipina applicant engaged our services and her British partner insisted that only those listed in the website of the then UK Border Agency (UKBA) be included and attached with the application. The UKBA was the former agency tasked to handle UK visa applications before it was replaced by the UK Visas and Immigration (UKVI). Let’s call her Jenny and her British fiancée Charles.
Jenny was applying for a UK visit visa for a holiday with Charles and to test the waters whether she wanted to live in the UK and file for a UK Spouse Visa after their planned marriage in the Philippines.
Jenny was an entrepreneur here but her business was not registered with any government agency, while Charles is a very successful businessman in the UK.
Since Charles had a thriving business enterprise in the UK, the financial aspect of the application, especially proof of Jenny’s expected expenses for the vacation, were pretty much covered and there were no foreseen issues that may affect the application (with respect to her travel costs if the application is approved).
As long we attach documents to prove the financial standing of Charles, we could prove that Jenny was capable of flying to the UK and her expenses will be paid by Charles.
Charles could properly show he was more than capable of paying for Jenny’s airfare, accommodation, food and other expenses in the UK. He was very confident that his bank statements would meet the requirements and the Entry Clearance Officer assigned to decide on Jenny’s application will issue a favorable result and so as long as all the documents listed in the UKBA website were filed, everything would go smoothly.
When our colleague studied Jenny’s application and other personal circumstances, however, he realized that Jenny lacked proof that she was contently living in the Philippines and that she would return to her country of birth because she was living comfortably here with a decent source of income. She also had her loving family here in the Philippines to return to.
So in Jenny’s case, since she declared she was a businesswoman engaged in selling farm products in a market near her residence, we added documents that will prove this fact in the checklist.
However, since she was not registered with the applicable government agencies, we had to think of alternative documents. Most of the proof we enumerated in the checklist consisted of evidence of her daily dealings with her regular customers like dated order sheets, photos of Jenny with her customers as well as photos of her physical store.
We even drafted affidavits to be signed by her customers declaring under oath that they were legitimate buyers and instructed them to appear in front of notaries public and have the document notarized.
Charles, however, brushed these documents aside and shrugged off our checklist saying it were all just a waste of time and all they need to show was that he can afford to pay for Jenny’s travel. He even sent the firm a written and signed undertaking from a Member of Parliament (MP) in support of the visa application, which we included in the supporting documents.
Since the customer is almost always usually right, we had no choice but to follow Charles’ instructions and file the application without the very essential proof of income to show Jenny’s financial circumstances here in the Philippines.
Long story short, the application was denied, and in the refusal letter, the ECO who decided on the application said that, “This discrepancy (regarding your source of income and lack of proof thereof) damages the overall credibility of your application. Therefore it was difficult for me to accept the truth of any uncorroborated statements made by you including those relating to the purpose and duration of your proposed stay in the UK. “
On the issue of the letter from the MP, the UKVI policy clearly state that, “Where a third-party undertaking (such as that from an MP) in support is provided with an application, an ECO may consider it as a factor relevant to establishing the applicant’s credibility and intentions, but it should not be accepted as evidence of maintenance and accommodation.”
However, mere credibility cannot be used as basis for a favourable decision. As stated in the guidance, all statements, answers and declarations in the application must be backed up and supported by actual documentary evidence. Absent these documentary evidence, the only decision issued shall be in the negative.
There was nothing we could do but learn from the mistake and file a fresh application the following week. This time we included the documents Charles forbade us to attach like the dated order sheets, photos of Jenny with her customers, photos of her physical store and employees as well as the notarized affidavit from her regular customers. The application was approved after ten days.
Moral of the story, listen to your ECO-Friendly consultants! Till our next blog!!!
Happy New Year to all ECO-Friendly family and to all our avid readers!!!