Tier - 1 dependant rejected. please help

[allgo]

Hi friends
My wife had applied from VFS kolkata on 22nd december and today teh decision came back but unfortunately it is a refusal. I had submitted HSBC statement til 24th Nov so was within 1 month of the date of application.
They say that we had submitted photocopies of bank statements and didnt comply to 319 C (I think.. yet to get the scanned copy from her). However I did submit originals from HSBC UK savings account. They did bear 'Duplicate statement' on it but thats because they are reissual and are original statements. And anyways the basis of rejection is we have submitted photocopies which clearly it is not.

Can anyone who is aware of the appeal process kindly give me direction how to do the appeal process.
and how long does it take normally.?
Also if it takes long can I take back my appeal and instead make a fresh application?

Please help.

[prasadm1983]

from india you dont have appeal but u feel ur documents are correct ,you can go for admin review which they will mention the address in rejection mail you need to post the admin review application to them

[allgo]

Please if anyone has any relevant links that would be really useful.
How long does admin review take? It seems they have mentioned in the letter not to submit any additional docusments as well as no originals.. but how do I prove I had submitted originals and not photocopies if I dont send them(not that they cant claim I didnt send them in teh first place!!).
Please any links would help.
Also in my case whats the chance of getting a positive review.

[prasadm1983]

i dont probably some member from this froum should answer ur question

[allgo]

thanks buddy.
Moderators kindly help

[rakeysh.patel]

Please if anyone has any relevant links that would be really useful.
How long does admin review take? It seems they have mentioned in the letter not to submit any additional docusments as well as no originals.. but how do I prove I had submitted originals and not photocopies if I dont send them(not that they cant claim I didnt send them in teh first place!!).
Please any links would help.
Also in my case whats the chance of getting a positive review.

No body can define exact chances, REMEMBER you are dealing with UKBA. With regards to your case, it looks simply complicated. I will explain how - The case worker has been ignorant about what letters have been submitted. If you put the original HSBC UK (of your saving account) Statement (which says "Duplicate Statement).
Write a covering letter which explains your story, ie - The Duplicate Statement simply means that it was re-issued by bank since the Original were lost in the post or something.
I say, you have a good chance of getting your initial decision overturn. Saying that, its just my opinion.
Ta
x

[allgo]

Saw teh scanned letter now.
Seems they have asked my wife to "appeal" as opposed to admin review. Appeal takes a hell lot of a time. Thing is if I need to seek a clear explanation of why it was rejected can I contact UK embassy and ask the concerned caseworker to explain further. In this case they say "photocopy" and didnt say they were duplicates. "Duplicate" is printed and it is original statement as well. it isnt a photocopy.

Secondly though the letter from caseworker doesnot say she can go for admin review - rather asks for appeal, can I still go ahead for admin review?

Any emailId where I can mail UK embassy seekign clarification or any number I can ring up will be extremely useful.
Please help

[geriatrix]

Please note that a decision to refuse any dependant’s application for entry clearance as the spouse / partner / child of a points-based system migrant attracts a limited or full right of appeal as opposed to an Administrative review. This is because an Administrative review is used to assess whether points have been correctly awarded and your dependants are not applying under the points system.

So, you can either appeal or apply afresh. Administrative review is not an option.

See also Appeal procedures


regards

[allgo]

Thanks sushdmehta
That clarifies things a bit more for me.
I am anyways browsing the forum for details - however was wondering since you as moderator(and other moderator) have always kept an eye on posts can you kindly give me a hint about the following -
How long does it normally take for a appeal to reach a decision? I have seen the link u pasted as well as a few more
http://www.ukvisas.gov.uk/en/howtoapply ... t#21399781

and quite scarily it seems it may take quite a few months upto 9!
Hence asking for your info regarding actual appeal processing times.

Also kindly suggest me what you feel is the best in my case.
I had made a valid application with all docs - they told I have submitted photocopies though the original bank statements have actually come back along with the refusal so am simply a victim. The case worker hasnt given me a quicker option of admin review so only way left is lengthy appeal.Or put 56k more and apply.


I would like to chase up the caseworker and demand an explanation but I guess there is no such route available.

Cheers

[geriatrix]

Appeals do take take time ... especially if the refusal is not overturned at the local level (BHC) when reviewed by (another ECO) and the case is forwarded to UK to be dealt with by FFTIAC. See APL1.1 Appeal process flowcharts to get an idea on timelines involved in the process.

However, if the refusal is a result of mistake / error in judgement by the caseworker / ECO then it is highly likely that the decision will be overturned on review at the local (BHC end) itself. In such case, you can expect a result in about 6-8 weeks from the date you submit your appeal.


regards

[allgo]

Thanks a lot sushdmehta

I am in a quandary now.. my wife is really upset and I want to re-apply probably - this time adding a letter from bank as well stating i have maintained minimum that amount for 3 months.

However I also want to pursue the appeal as well - just to protest against this injustice. Can I appeal and in the same time make a fresh application separately as well? Not too sure that is possible.. searching madly in this site/google all day for similar experiences or links which confirm if appeal can be done for a rejected application while also filing a fresh application

[allgo]

also can I revoke/take back an appeal midway in case I need to?
Btw this workflow is really handy. thanks a ton

[allgo]

1) the letter of refusal and right to appeal say incase decision can be made without a hearing based on grounds of appeal it shouldnot take much time - does that actually happen?
2) Also if it takes long can I take back my appeal and instead make a fresh application?
http://www.ukvisas.gov.uk/en/ecg/appeal ... #534431382 does say we can make fresh app while an appeal is on but does that jeopardize the new app?
3) whats the process of revoking an appeal? Any helpline num or website?
4) what docs need to be submitted. The site and letter isnt too clear on that. Also can we give new "original" doc? I have got a new letter from bank stating those statements are official and can submit that as well.

5)probably I will wait for 2-3 weeks after the appeal has been made and then file a new application. Does that make sense?

[allgo]

Hi sushdmehta
thanks for all your input about forwarding to BHC
So for a quicker result do you reckon I should send the appeal to local BHC( i.e Delhi ) and not to the UK directly?
The reason am asking is
http://www.vfs-uk-in.com/appeals.aspx#2

says
If you decide to send the papers to the UK Border Agency, there will be a delay before they are sent to the First-tier Tribunal (Immigration and Asylum Chamber) as post is only sent to the UK once each week.

When the First-tier Tribunal (Immigration and Asylum Chamber) receives your appeal form it will write to you to let you know the date and time of the hearing.

Hence the ECM overturning the decision - does that happen at local BHC even before it is forwarded to UK?
Many thanks in advance. Need to act quickly as time is running out.

[mulderpf]

Allgo, through all your posts, you never actually mention the exact refusal reason. Do you care to post it on here so that people might be in a position to give better advice?

[allgo]

Apologies. In the first post I did mention the refusal reason was that the case worked thinks we have submitted photocopies of bank statements and not original. However I should have copied the exact text of the refusal.
Here goes the exact text -
The Decision
Appendix E of the Immigration Rules requires that is your spouse has been in the UK for more than 12 months, that: He/she must show GBP 533 for each dependent. (Notes 38 to 42 in the published dependent guidance). The funds are required to be held for a period of 3 months prior to to application. All documentary evidence must be originals, not copies. Financial documents are no more than 30 days old at the time of the application. Where the original document is not in English, the original must be accompanied by a fully certified translation by a professional translator. If internet bank statements are submitted a letter from the bank confirming that the statements are genuine must support them. Alternatively an electronic bank statement will be accepted if each page i stamped with an official stamp from the bank in question. All evidence must be dated not more than a month prior to the application.

HSBC Bank Statement , account number **********XYZB. However this is a photocopy and not an original bank statement and as such does not meet the requirements of the PBS dependant guidance.
You have therefore not shown that you have held the required amount of funds for the required amount of time as detailed above. Your application if therefore refused, as you do not meet the requirements of paragraph 319C(g) of the immigration rules.

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements in the above paragraphs of the Immigration Rules.


Please suggest.

Kindly note we did submit the original bank statements as well which also came back in the packet. Only thing missing is the photocopy of the bank statements and all other originals and photocopies are back.
I guess if I appeal - wait for 2 - 3 weeks and then make fresh application, there is no harm? Just want to make sure the appeal doesnot jeopardize the fresh app. Also whether to send to local BHC or UK Tribunal is another doubt - as I am only hoping if the ECM overturns it even before it goes for appeal hearing only then there is a chance I get to hear something in 2-3 weeks. Else it is a long process. Not sure Delhi BHC can do it or all appeal related decisions are taken only in UK. No such literature available that confirms the same

[allgo]

Hi experts please help.
I just want to be sure that even if I go for an appeal I can still make a fresh application if no decision is made at the local BHC level.
Called up Visa helpline at 040 66305600 several times and they seemed quite confused as well and suggested that an appeal needs to be withdrawn first before making a fresh application. Which is clearly not conforming with points 1.20 and 1.21 in the following link
http://www.ukvisas.gov.uk/en/ecg/appeal ... #534431382

please suggest experts, from your previous experience of cases, if I should appeal and wait for 2-3 weeks

[maximux79]

Hi, I'm too in the same boat as you. Tier 1 dependent visa was refused for my daughter (6 months old). It's a sily mistake that they mistook 3151 GBP as 3151 INR. I had appealed against the decision, but its almost 2 months now, its still pending.

I'm went through the same points which you have mentioned and I'm planning to apply for a fresh application even though appeal is pending.

Experts, pls suggest if this is a proper procedure.

Thanks

Hi experts please help.
I just want to be sure that even if I go for an appeal I can still make a fresh application if no decision is made at the local BHC level.
Called up Visa helpline at 040 66305600 several times and they seemed quite confused as well and suggested that an appeal needs to be withdrawn first before making a fresh application. Which is clearly not conforming with points 1.20 and 1.21 in the following link
http://www.ukvisas.gov.uk/en/ecg/appeal ... #534431382

please suggest experts, from your previous experience of cases, if I should appeal and wait for 2-3 weeks

[geriatrix]

The procedure is exactly what is explained on the UKVisas website (in the links provided above).


regards

[maximux79]

Thank you for the reply. I would apply for a fresh application next week, with appeal pending.

Will keep posted on ths update.

Thanks

The procedure is exactly what is explained on the UKVisas website (in the links provided above).


regards

[allgo]

Thanks SushdMehta. I have decided I will appeal first and see if local BHC overturns the decision(hoping so).

Maximus - Your case is even more obvious than mine. It should have been overturned at local BHC itslef
Also do you plan to mention in your cover letter that you have an outstanding appeal?
can you kindly get in touch with me at soumya541@gmail.com. Thanks.

[allgo]

I am looking at the IAFT -2 form and have the following doubts

a) page 1 - Type of Decision - Settlement/Non Settlement/ Family visit
Since it is a Tier 1 dependant i guess it will be Non Settlement?

b) page 1 - Section 2 A. Is your refusal a points based system (PBS) ? - Yes / No
I guess Yes as she applied for Tier 1 dependant?

c) Date you received your Notice of decision - is this the date of refusal or the date she collected the passport?

Kindly help as my wife plans to appeal by tomorrow

[geriatrix]

1. Yes.
2. IMHO, no (Dependants do not apply under PBS, main migrants do).
3. The date you received the notice of refusal (if it came with the same package as the passport, then date you received the passport).


regards

[allgo]

In addition to the "photocopy" goofup by the ECO
In the notice of decision he/she has mentioned that my wife had applied for visa until 05/08/2012 while she had actually applied till 5th september 2012 i.e. 05/09/2012 i.e. till the validity of my Tier 1 visa. Simply proves how careless this caseworker had been. Anyways I plan to include this in my grounds of appeal as well as a special mention i.e. she had asked for visa until 05/09/2012 and not 05/08/2012.
Moderators - I guess that should be ok to include?

Also I am sending a covering letter as well explaining the grounds of appeal in details.

[push]

In addition to the "photocopy" goofup by the ECO
In the notice of decision he/she has mentioned that my wife had applied for visa until 05/08/2012 while she had actually applied till 5th september 2012 i.e. 05/09/2012 i.e. till the validity of my Tier 1 visa. Simply proves how careless this caseworker had been. Anyways I plan to include this in my grounds of appeal as well as a special mention i.e. she had asked for visa until 05/09/2012 and not 05/08/2012.
Moderators - I guess that should be ok to include?

Also I am sending a covering letter as well explaining the grounds of appeal in details.

You should highlight that as long as you are sure that the mistake was not made by you while filling the form.