VISA AND IMMIGRATION INFORMATION
international Law about visa
international Law about visa It defines the Visa as an endorsement or insignia placed on the passport by the proper Authority denoting that it has been examined and the bearer may proceed entering in the particular Country. Or It's an privilege which is given to an Alien to travel into a certain country for a specific period of time or for immigration process.
there are different type of visas but we'll focus on two types of visa which are the most popular and highly used by many all over the world.
(a) Immigrant visa
(b) Non immigrant visa
i} Immigrant Visa
This category of visa was created to enable the foreign Citizen to Relocate from their home country to another foreign country for the purpose of staying permanently. to be eligible to apply for this Category of visa You must have met the requirements apply to you as it was indicated from the Country you want to relocate to. There is no short-cut to apply for this category of visa, In many countries have categorized this type of visa into different form, in order to facilitate immigration system.
There is an immigrant based marriage, immigration based adoption, immigration based family, immigration based Investment, immigration based lottery 'it available only in U,S. Immigration based Asylum seekers.
When you arrive into your destination through this Type of visa there some steps you must take to maintain your status as an immigrant, all immigrants who intend to stay permanently into a particular country and wish to obtain a citizenship Must go through Naturalization process for them to be recognized as citizens, and the process usually takes longer than normal. In The United states Of America It takes Five Years to obtain a citizenship, Most of European countries it takes about three to five years to obtain a citizenship;And you must have stayed in the country continuously without exiting the country.
The reason why this visa take a long time to be processed, it's because the visa process usually starts from the country you want to immigrate to, the first and earliest stage is when your host/ petitioner starts the application on behalf of you and submit it into the immigration department. this process varies from countries to countries and each country has its own regulations to be followed to be qualified as a petitioner. for more information concerning the American immigration and visa click here U.K immigration and visa click here
The Immigrant visa is the only one powerful visa that has high chances of being approved by the consul officer at the Embassy. It might be rejected if you won't provide some of mandatory documents required to be present during the interview or submission of your visa application. such as, The proof of Medical examination, Bad police records, expired passport, being Inadmissible into certain allied countries atc.
when applying for an immigrant visa, your travel document must be valid and have at least twi blank pages, in order to avoid any inconveniences might come up during the process.
NOTE: " there is no a short-cut or any other way you can facilitate your visa issuance except following the right procedures set by immigration department/ embassy in order to obtain a visa that you have applied for, BEWARE THE FRAUDSTER."
{b} Non-immigrant Visa
this category of visa refers to the Intent to travel to a foreign country for a temporary visit or excursion, might be for working, studying, treatment or Tourism.
many people have experienced the difficulty of obtaining this type of visa for different reasons some are the same other are not the same, that led many become insecure when it comes to apply for a temporary resident visa.
The truth about international Immigration system has dedicated and give an authority the consul officer to provide a final utterance about visa approval or rejection by following the immigration guide given to them. But also one of the immigration psychological secrets are referred to as, 80% of people who live in the countries whose economy is under poverty line, they intend to immigrate to the developing countries. that's why when it comes to visa rejection, the letter of denial states that, " you could not convince a consul officer that you have the strong ties in your home country."
Thus, this gives us an indication that the consul officers are trained to read your mind psychologically to decipher the hidden truth in your mind if you really want a non immigrant visa for Temporary purposes or for immigration. so it's your responsibility to convince the visa officer that you are the genuine Visitor and have no intent to overstay in the country before the expiration date of your visa.
WHAT ARE THOSE TIES THAT HIGHLY CONSIDERED BY CONSUL OFFICER?
a) Proof of Family ties
b) proof marriage
c) proof of Employment/ business
d) proof ownership of land or any other asset
e) Ability to pay for your travel/ bank statement document.
The reality of visa rejection until today has become a myth, where people getting frustrated and confused why the rejection is common in Non-immigrant visas even if you have met all requirements. this myth no one will come to uncover because of foundation laid since the commencement of immigration laws. But we can use the word "Convince" as it was stated in the rejection letter to be a good trick to get the non-immigrant visa.
when it comes to visa and immigration process you need to get an expert or professional to coach you and guide you throughout the entire process. By doing that is not only facilitating the process but you also getting an experience through him/her. The immigration system is very sensitive part to deal with, You must be careful when you begin the process by yourself, there some minor mistakes that may sound okay to you but when you submit your application those mistakes that seemed minor will lead to bizarre consequences in your entire Process.
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VISA AND IMMIGRATION PROCESS
WHEN WAS THE VISA INVENTED?
The concept of visas can be traced back to ancient civilisation where Travelers would receive documents or seals granting them passage through foreign territories. These early visas were not much different from the diplomatic missions they accompanied, serving as tokens of goodwill and ensuring safe passage.
During the Middle Ages, European monarchs and city-states began issuing “safe conducts” and “letters of safe passage.” These early documents allowed individuals to traverse often tumultuous lands safely.
The 19th century saw the establishment of more structured immigration and entry policies. The United Kingdom introduced the term “visa” in 1855, signifying a conditional endorsement within a passport, granting travellers permission to enter British territories. Other countries followed suit, formalising their visa systems.
20th Century: Standardization and International Cooperation.
With the rise of global travel, international organisations like the League of Nations advocated for standardised passport and visa rules. After World War II, the world witnessed the expansion of visa requirements as countries aimed to control immigration and promote national security.
The 1951 United Nations Refugee Convention played a crucial role in shaping modern visa policies. It established a legal framework for granting asylum to refugees and introduced refugee travel documents to facilitate safe passage for those seeking refuge.
1995: The Schengen Agreement.
The Schengen Agreement, signed by several European countries, marked a significant shift in visa policy. It abolished border controls between participating nations and introduced a common visa policy, allowing for the free movement of people within the Schengen Area. so far there are 29 European countries that have joined The Schengen Union.
21st Century E-Visas and Visa Waiver Programs was introduced;
The 21st century brought about further innovations in visa regulations. Electronic visas (e-visas) simplified the application process for tourists and business travellers, while visa waiver programs allowed citizens of certain countries to enter others without obtaining a visa.
VISA APPROVAL AND VISA REJECTION
In general All consular systems in the world have the right to issue visas or not to issue visas in one way or another for anyone from any country. And all visa categories have different requirements that you must meet so that the consul can grant you a visa. But you must remember that issuing or denying a visa is a sovereign act of Governments. It is a prerogative applied by every country and strengthened by international practice. The kind of visa - if granted - and the validity period of the visa are also a sovereign decision of the Embassy; By law the visa is NOT guaranteed and even if you have successfully obtained your visa, just keep in mind; that is not a direct entry into a foreign country. The border officer still have an authority to deny you entry. Having all required documents does not signify that you have a direct guarantee hat will get you visa; No! You must demonstrate to the consul that you are a genuine traveller. Mkorintho Brand International Travel Consultancy Limited we are committed to lawfully guide our Customers throughout the visa application to ensure the application meets the merits and requirements under the Consular section; this will dramatically increase the high chance to obtain the visa. for more information and assistance, please feel free to reach out to us.
Consular visa process
Consular visas have no guarantee because the decision to issue a visa is entirely at the discretion of the consular officer reviewing the application. Here are some key reasons why a visa is never guaranteed:
1. Case-by-Case Assessment
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Each visa application is evaluated individually based on the applicant’s background, documents, and purpose of travel. Even if you meet all the requirements, the final decision depends on the officer’s judgment.
2. Immigration and Security Concerns
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Consulates must ensure that applicants do not pose security risks or have intentions to overstay or violate visa terms. Even minor doubts can lead to rejection.
3. Subjective Discretion of the Officer
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Consular officers have broad authority to approve or deny applications. Even if you provide all required documents, they might still refuse your visa if they are not convinced of your intent.
4. Lack of Appeal in Most Cases
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Many consular visa decisions, especially for temporary visas (like tourist visas), cannot be appealed. The applicant usually must reapply and try again. But for Schengen visa the applicants have the second chances to appeal if their visa got refused.
5. Changes in Policy or Country Relations
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Visa policies can change due to diplomatic relations, economic conditions, or security threats. What was acceptable in the past might not be enough in the present.
6. Incomplete or Inaccurate Documentation
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Even a small mistake, missing document, or inconsistency in answers can lead to denial. Officers are trained to detect red flags.
Would you like advice on improving your chances of approval?
Improving your chances of getting a consular visa depends on presenting a strong, well-documented application that convinces the officer of your genuine intent to visit and return. Here are some key strategies:
1. Show Strong Ties to Your Home Country
One of the biggest reasons for visa denial is the suspicion that the applicant may not return home. You should provide evidence of strong ties, such as:
✅ Employment: A job letter, pay stubs, and leave approval from your employer.
✅ Business Ownership: Business registration documents and tax records if you own a company.
✅ Property Ownership: House, land, or other asset ownership documents.
✅ Family Ties: Marriage certificate, children’s birth certificates, or any proof of dependents.
2. Have a Clear and Honest Travel Purpose
✅ Clearly state why you are traveling and provide supporting documents.
✅ If visiting family, include an invitation letter from your host with their legal status and financial details.
✅ If for tourism, have a solid itinerary (hotel bookings, planned activities).
✅ If for business or education, include letters from relevant institutions.
3. Show Strong Financial Stability
Consulates want proof that you can afford your trip without working illegally.
✅ Bank statements (last 3-6 months) showing stable income and savings.
✅ Income tax returns or payslips proving steady earnings.
✅ Sponsorship letter if someone else is covering your expenses (with their financial proof).
4. Submit a Complete and Accurate Application
✅ Double-check all forms for errors. Any mistake, even minor, can lead to rejection.
✅ Ensure all documents match and support your application.
✅ Answer all questions truthfully—misrepresentation can lead to bans.
5. Be Confident and Prepared for the Interview (if required)
If an interview is part of the process, follow these tips:
✅ Stay calm and answer questions clearly and confidently.
✅ Keep your answers short and to the point—don’t over-explain or volunteer unnecessary details.
✅ Be honest! If you don’t know an answer, say so rather than guessing.
BEWARE:
Submitting any forgery documents to the consulate in surporting of your visa application might lead to the visa rejection or possibly being banned to enter in to that country.
INTERNATIONAL IMMIGRATION LAWS AND VISA POLICIES
International immigration law does not mandate consular visas but gives countries the sovereign right to control entry into their territories. Here’s how international law influences consular visas:
1. Sovereign Right to Control Borders
Under customary international law and agreements like the UN Charter, every country has the right to:
✅ Decide who can enter or stay within its borders.
✅ Impose visa requirements on foreign nationals.
✅ Refuse or revoke visas without explanation (except in specific treaty agreements).
2. The Role of Consular Visas
Although no global law forces countries to require consular visas, many nations use them for:
✅ Pre-screening visitors before they arrive.
✅ Ensuring compliance with national security and immigration policies.
✅ Reducing illegal immigration risks by verifying financial status, purpose of travel, and background.
3. International Agreements & Treaties Affecting Visas
Certain treaties and conventions influence visa policies:
✅ The 1963 Vienna Convention on Consular Relations (VCCR)
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Defines the role of consulates in issuing visas.
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States are not obligated to grant visas but must process them fairly.
✅ Refugee & Human Rights Conventions
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The 1951 Refugee Convention prevents countries from denying entry to asylum seekers fleeing persecution.
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The International Covenant on Civil and Political Rights (ICCPR) protects against arbitrary visa denials in some cases.
✅ Bilateral & Regional Agreements
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Countries often sign visa waiver agreements (e.g., Schengen Area, US Visa Waiver Program).
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Some agreements simplify or eliminate the need for consular visas between partner countries.
4. Key Legal Limitations on Consular Visa Policies
While nations have full control over visa rules, they must:
❌ Avoid discrimination based on race, religion, or nationality (as per international human rights law).
❌ Follow diplomatic norms when rejecting visas (e.g., providing reasons when required).
❌ Not use visas as a tool for political coercion (though some still do).