yea because i didnt have a sponsor letter or evidence of his circumstances, and because i get disablity over here in u.s.a, they think i will try and get benifits over there to or try and get a job, and they dont think i have enough economic or close family ties in the us, and they don't think i will leave when i say i will.
Public Advocate here: Being disabled in itself does not signal an intent to violate our laws, and this would be an actionable judgement error on the part of the ECO if he suggested that it was. Disability is an involuntary condition, and most certainly not an indicator of someone's aspirations.
Similarly, being disadvantaged economically is in itself not an indicator that someone would attempt to illegally settle in the UK and access our welfare state. Why does he think that? Even if it were the case, there is no evidence anywhere to prove that life in the UK on benefits is better than life in the USA on benefits, and the ECO's suppositions are untenable on this point. When I was in practice, I had to go through this argument for Russian girls ALL THE TIME
But on the other hand, not having evidence from your sponsor is a show-stopper. BAM. Stops a borderline app dead in its tracks.
True enough you can appeal based on human rights. Here's the problem with that: Contemporary thinking on the subject runs that a person's human rights are not violated by denying them the chance to be a tourist. Tourism is a bit of a stretch as a human rights issue; and it wouldn't even reach an adjudicator.
Net/net. If you try to enter as a non-visa national, you'll be bounced. The optimal strategy is to fix the ECO's objections and re-apply. From experience, the most effective fixes for these types of refusals are the changes in circumstances. Don't re-apply until you've got them.
Adding in as an afterthought: could this have been a stop-gapped IO? Brought in on the crunch?
