Thursday, September 18, 2008

I made a friend through the Internet and would like to invite them to the UK.

If the applicant is from an economically disadvantaged country, or a country undergoing violent change, the chances are that the UK has designated that country as a visa-national country, and the applicant will require an entry clearance before arriving in the UK.

This page is concerned with visa-nationals only. Entry clearances for visitors in visa-national countries can be difficult to obtain because the applicant has the onus of clearing the credibility and intentionality hurdles, and overcoming the presumption that they will not abuse their visa by overstaying or working or having recourse to publuc funds.

The situation can be further exacerbated if the applicant's connection to their sponsor has been limited only to the internet because the validity of the relationship (and thereby the premise of the application) can be called into doubt. And finally, the applicant may fit a demographic profile where there has been a lengthy history of abuse (single young men in Nigeria for example); and the applicant will have to overcome this hurdle as well (NOTE: whether or not this is fair is outside the scope of this FAQ, it is taken here as a simple fact).

For these reasons, we recommend that an application for entry clearance as a visitor be treated with caution and diligence. Our reasoning is that historically, the difficulties in obtaining visitor visas have led to fiance and spousal visas which were premature, and this has in turn led to marital breakdown and even domestic violence. We also note that visitor applications which are assembled properly and completely have a high success rate, and there is no reason to escalate to a settlement visa if a visitor application is the most appropriate choice.

Getting the roles right

At the risk of being pedantic, there are two roles: applicant and sponsor. The applicant owns the application and bears the brunt of a refusal. The applicant must clear the credibility and intentionality hurdles, and this is usually done at the interview stage (or through the more recent movement towards reaching a decision based entirely upon the evidence submitted with the application). The sponsor provides the funding, the accommodation, and the premise for the visit. The sponsor does not participate in establishing the applicant's credibility and attempts to do so will invariably weaken the application. This is because the ECO may interpret such an attestation as a tacit admission that the applicant has a weak case, or worse, does not understand the application process. Many sponsors ask if they can attend the interview. This is not in keeping with the sponsor's role and few consulates will allow it for this reason. It is acceptable to accompany the applicant and wait in a designated area, however.

The premise and the relationship

While there is nothing in the rules indicating this as a requirement, the overwhelming majority of successfull applications come from applicants who have previously met their sponsor in person. This would be accomplished by travelling to the applicant's country or even meeting in a third country. If the opportunity presents itself, we recommend a Schengen country because travel of this sort bolsters the applicant's travel history and experience (which plays an important factor in establishing credibility). Once the relationship offers a premise for visiting the UK, the sponsor can prepare an inviation which explains the background leading up to the invitation and why a visit to the UK is appropriate at this particular point in time. Of course copying from our sample letter verbatim is a reckless strategy;

So as a guideline, the sponsor should try to include the following information:

Your own residence/citizenship status in the UK. British citizen? Naturalized? Resident? Work-permit holder? A photocopy of the portrait page of your passport, and additional photocopies of any relevant UK visas are helpful.
Evidence of an on-going relationship with your guest sufficient to warrant a visit to the UK. If you have met in a 3rd country, you have an advantage and your letter should point out specific dates and locations. Include flight ticket stubs AND evidence that you paid for them (credit card statements). Do the same with any hotel and restaurant receipts.
If you met on the internet and have not met your guest in person, you are at a disadvantage. Understand that your guest's application (along with your invitation) will be thoroughly scrutinized in a manner that employs the so-called discrepancy approach. In this case, you must explain:
How did you establish a relationship on the internet? Why are you willing to assure financial support for someone you do not know?
Why do you not opt to meet your guest in a 3rd country first?
What promts you to extend an invitation at this particular point in time?
You should attach a "Sponsor Declaration" . This is the most important submission on your part and you will need to be diligent in assuring that it is as complete as possible. Attachments should include:
Pay slips and bank statements for three months (originals only).
Your most recent P60 (original).
Your employment contract (original).
Your mortgage statement or tenancy agreement (original).
A statement authorizing the ECO to obtain and examine your tax records from the Inland Revenue Service.
The itinerary of your guest's visit to the UK.
A statement about your guest's health insurance during their visit.
A "point-blank" statement that you are assuming full financial responsibility for your guest.
Any other factual information likely to bolster your position as a credible sponsor.
The Sponsors Database
The UKBA maintains a database of sponsors, and potential sponsors may be checked against this database for applicants they have sponsored in the past.

Credibility and Intent: advice to the applicant

The applicant should bear in mind that it is his/her passport that will contain the refusal! Accordingly, the applicant is strongly advised to assure that the sponsor's documentation is complete and fully supported. DO NOT approach the consulate unless you are fully confident that your sponsor has submitted all of the required documentation.Beyond this, it is your responsibility to convince the ECO that your invitation is genuine, and that you will leave the UK when your visa has expired. Unfortunately, there are no "sure-fire" ways to do this. Do you own property in your country? If so, provide an attachment to your application that shows this. Do you own stock or shares in a local company? Are you employed on a full-time basis? If so, provide an attachment to your application that shows this. Do you have strong family ties in your country that would indicate your need to return? If so, provide attachments to your application that show this. NOTE: if you have children or parents living in your flat, include a photograph of their bedroom or such. It is evidence (however circumstantial) of your ties to your native country.Do you have on-going medical or dental work in your country that would require your returning? If so, include a statement from your physician or dentist that explains your situation.Are you a member of your church? Cultural associations? If so, provide evidence of this.Do you have appointments or important engagements outside of the UK taking place after the time of your planned visit? If so, point them out in your application.Prepare yourself for the interview with the ECO.

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