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My UK tourist visa has been refused due to paragraph 4.2 (a) and (c).

I'm planning to reapply and ask an agency to guide me on the additional documents that I need to provide.

They advised me to open an account under my name on different bank aside from what I already submitted and submit a bank certificate on my new application. This will change my personal circumstances as per them. They will provide the funding while I will only pay for the interest. In short, I will be on loan with the agency. They said that they have clients who already did this and they were approved. I was just refused less than a month ago. Will this be legal? Will this increase the approval rate of my reapplication? Is it safe to reapply? Should I include a cover letter and said that it was my savings that was not included in my initial application? Help please. Thank you.

Sep
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    Scan a picture of the refusal and post. That's the policy here. –  Jun 08 '17 at 10:58
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    What they are recommending could get you banned for 10 years for fraud. –  Jun 08 '17 at 10:59
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    Lunacy. Ask to speak directly with those who have tried this strategy. Talk to all of them to avoid shills. Adding 'scams' tag. Honestly, it's incredible what agencies outside of Europe get up to. – Gayot Fow Jun 08 '17 at 11:07
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    a+c is already bad enough and you are tempted to compound it with fraud? You appear quite desperate to visit the UK, why is that when you have diminished circumstances? – Augustine of Hippo Jun 08 '17 at 11:12
  • I have not agreed to it yet. I'm quite desperate since I can only ask for company leave until Aug 2017. My company will not allow me to have a long break before and during the Christmas holidays since that was our busy season. It is my only chance to be on a long holiday. After my vacation in UK, I was also planning to resign and look for another job here in my country. I dont have any plans on working outside my country. – Sep Jun 08 '17 at 11:23
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    Maybe you can think about planning a holiday somewhere else...like a neighbouring country? – RedBaron Jun 08 '17 at 11:29
  • I will have no sponsor then =). If I will be on another country, then I will have to use the money that I saved for this UK trip. My sponsor guarantees his support but still I will use my own money to buy stuffs for me and presents for my family here in my country. I will then be decreasing my savings, the reason why I was denied a UK visa =(. – Sep Jun 08 '17 at 11:35
  • I have uploaded my refusal. The first tab is an error on the conversion rate. The conversion I used is 54/1 since that was the exchange rate in my country when I applied. Thus, all the figures I indicated on my application did not coincide with my bank statements and my certificate of employment. Is this the main reason of my refusal? Do you think it is safe to reapply and just include a cover letter? Thanks. – Sep Jun 08 '17 at 12:08
  • As an addendum, UK's 10 year ban will affect other visa applications too in the future if you use the fraudulent steps being recommended by the agency. – DumbCoder Jun 08 '17 at 13:14
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    Entry Clearance Officers are required to satisfy themselves that funds being used to support applications have been acquired by legal means, so the first question they're going to ask is where did that money come from? How would you answer that question? (A loan is not by itself illegal, of course, but a truthful answer will lead to the conclusion that you are extending yourself beyond your means, at best, or being deceptive, as others have noted, at worst.) – phoog Jun 08 '17 at 13:14
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    BTW if anyone is wondering why this question has a titular question for which the answer is screaming "NO! Why are you even asking?!", note that the title was edited later by other users. – stannius Jun 08 '17 at 18:03
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    See also UK Visa Refusal: Provenance of funds/parking on why this plan is unlikely to work. And even if it did work, it wouldn't actually address why your first application was refused; adequate funding is a requirement under paragraph (e), not paragraphs (a) or (c). – Michael Seifert Jun 08 '17 at 21:02

1 Answers1

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Although your refusal was a V 4.2 (a) +(c) for which we have an excellent canonical located at UK visa refusal on V 4.2 a + c (and sometimes 'e') which you must absolutely read, since your question is compounded by a proposal to commit what is essentially fraud, I will add a little to it and actually combine liberally from Gayot's [to whom thanks] different answers.

V 4.2 The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:

(a) will leave the UK at the end of their visit; and

(c) is genuinely seeking entry for a purpose that is permitted by the visitor routes (these are listed in Appendices 3, 4 and 5); and

a+c is a bad situation because it is not just a question of them doubting you have the financial ability in which case you would likely have been refused on 4.2 (e), a refusal which can be more easily remedied. Rather it is akin to saying you will abscond and/or are not credible.

What these people are asking you to do, this fraud will push you into Refusal of entry clearance or leave to enter the United Kingdom under 7A

(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.

Once that happens, upon your next application it says a prior refusal under Paragraph 320 (7A) is automatically considered under Paragraph 320 (7B) the next time...

(7B) where the applicant has previously breached the UK’s immigration laws (and was 18 or over at the time of his most recent breach)by: (d) using Deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);

And 7B spells DOOM. Under this Paragraph, the ECO has the option but not the obligation, to impose a ban. Maybe he will, maybe he won't, but the risk is usually unacceptable unless the applicant is represented by an established solicitor with a nationally recognized practice area in representing clients who have been refused for deception.

CONCLUSION

In summary, I would not recommend you apply now because nothing has changed in the short term and typically nothing changes in the short term. Finally definitely do not follow the suggestion they have given you to commit fraud.

Augustine of Hippo
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  • Hi Paul, can remittances from my sponsor help? I really want to go right now before I resign. I am worried that if I find another job, they will not allow me to go on a vacation like this as I will be a new employee to them. – Sep Jun 08 '17 at 13:48
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    You are not going anywhere near the UK anytime soon (at least six months). They believe you will abscond. I thought I made it clear in the answer and comments. Did you read Gayot's answer in the link? – Augustine of Hippo Jun 08 '17 at 13:55
  • What can I do to have it approved next time? – Sep Jun 08 '17 at 14:09
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    Read Gayot Fow's answers to UK visa problems, possibly visit some other developed countries, etc. The answers are all here if you take time to read highly rated answers to questions on UK visas by others. – Augustine of Hippo Jun 08 '17 at 14:15
  • Will my UK visa refusal affect my other visa applications for like Asian countries? – Sep Jun 08 '17 at 14:17
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    @Sep that probably depends a lot on whether those countries ask whether you have ever been denied a visa, and if so, why. Don't lie, but you are not usually required to volunteer information that you are not asked for. Keep your big mouth shut and answer the questions you are asked! – Robert Columbia Jun 08 '17 at 17:18
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    @Sep, to get your visa approved you need to show financial circumstances which make it appear credible that you are a tourist. You must really be able to afford the trip, and you must have a stable job to come back to. So the best advice is to get a well-paid job and not to travel unless the cost is a few months' wages at most. That probably won't help you on the short run, but it is the only way. – o.m. Jun 08 '17 at 19:46
  • @o.m. would you know how much should I still need to increase my financial circumstances? I have around 1500gbp when I first applied. Then I indicated that I will be spending 1500gbp on this trip even with sponsor, thus I was refused. Can an additional 1500gbp do? I can save this lot within 6 months. On my second application, should I still indicate the 1500 that I initially indicated or can I change it to just 500gbp? If that is the case, how do I explain the change in the figures? Any suggestions? Thanks. – Sep Jun 09 '17 at 11:30
  • @Sep, I cannot possibly give numbers because they depend on your cost of living and income. But the key thing is that you need a steady pattern of income exceeding expenses. Read this answer by Gayot Fow, especially what he calls the ideal case: https://travel.stackexchange.com/questions/66104/should-i-submit-bank-statements-when-applying-for-a-uk-visa-what-do-they-say-ab/66105#66105 – o.m. Jun 09 '17 at 15:32
  • @o.m. so if I have a steady pattern of my bank statement on the next six months, I can possibly reapply and be approved? Thanks. – Sep Jun 09 '17 at 16:29
  • @Sep, I would wait some more. But I'm not in your situation. – o.m. Jun 10 '17 at 06:05