The relevant Immigration Rules
You have applied to visit the United Kingdom for two months. I have therefore assessed your application against section 41 of the Immigration Rules which say that I must be satisfied that a person seeking leave to enter the United Kingdom as a visitor:
i Is genuinely seeking entry as a visitor for a limited period as stated by him, not
exceeding 7 months; and
ii Intends to leave the United Kingdom at the end of the period of the visit as stated
by him; and
iii Does not intend to take employment in the United Kingdom; and
iv Does not intend to produce goods or services within the United Kingdom,
including the selling of goods or services direct to members of the public; and
v does not intend to undertake a course of study; and
vi Will maintain and accommodate himself and any dependents adequately out of
resources available to him without recourse to public funds or taking
employment; or will, with any dependents, be maintained and accommodated
adequately by relatives or friends; and
vii Can meet the cost of the return or onward journey; and
viii Is not a child under the age of 18
The Entry Clearance Officer’s decision
I have refused your visa application on this occasion because I am not satisfied, on the
balance of probabilities, that you meet all of the requirements of the above paragraph of
the Immigration Rules. This decision was made on the merits of this application.
However, if you have a previous application and immigration history, this may have
been considered. If applicable, I have also given careful consideration to any
compassionate aspects of your application.
________________________________________________________________________
Annex C
The Entry Clearance Officer’s reasons and supporting evidence
I am not satisfied you meet sections I, ii, and iii of the Rules above
Because
You are unemployed, and have not submitted any evidence of any past gainful
employment nor an explanation why you fail to be employed currently. There is no evidence relating to your plans on completion of this trip. You have submitted modest evidence of your own funds but I note you state that you receive a small allowance from a family member as your sole income and are entirely reliant on that and your modest savings to support yourself forseeably. I do not therefore consider it credible that you would use these funds to undertake a trip to the UK at this time.
As already mentioned, you cannot be described as well established in your home country. You list the purpose of the trip to visit with your partner and register for a civil partnership. Clearly you see your future with your partner. Given that he is established in the UK, and your lack of sufficient economic and personal ties to the Philippines, I cannot be satisfied that you will leave the Uk at the end of the trip, that you wish to visit for the purpose or period stated nor that you will not seek employment during your prolonged visit.
I therefore refuse your application.
Annex C
Your right of appeal
Your application does not attract a full right of appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002. your right to appeal is limited to any or all of the grounds referred to in section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002 namely:
(b) the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities);
(c) that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights.
If you wish to appeal on either of these two grounds, you should complete Appeal Form AIT-2. copies of this and a guidance leaflet are available from the Asylum & Immigration Tribunal website:
http://www.ait.gov.uk/forms_and_guidance/documents or you may request a copy of these documents from the Visa Section at the Embassy
You must lodge your appeal at the Asylum and Immigration Tribunal. You can do this by:
• Fax to +44(0)1509221699; or
• Post to: Asylum and Immigration Tribunal, Tribunals Group Customer Service Centre, PO Box 7866, Loughborough, LE11 2XZ, United Kingdom or
• Returning your appeal papers to the Visa Section at the Embassy
The completed appeal form must arrive no later than
28 days after the date of this notice, and you must make sure that it is signed and dated.
NOTE: You only need to submit the Notice of Appeal Form, original documents plus one copy for each of the original documents.
DO NOT SUBMIT YOUR PASSPORT
Originally Posted by mhynne
I think that website is incorrect, and the correct one is:The relevant Immigration Rules
