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Tier 1 General Dependant Visa Refusal Appeal Guidance

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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vasubelide
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Tier 1 General Dependant Visa Refusal Appeal Guidance

Post by vasubelide » Tue Feb 07, 2012 10:12 am

Hi,
I have recently applied for a Tier 1 General Dependent Visa for my Wife with comprehensive documentation, however it has been refused with the reason that the bank statement was generated from the Internet banking website and that they were needed to be stamped by the bank. However the statement that I submitted was the original statement which I got from the bank branch printed on a the official letter head and on premium quality paper. As per the policy guidance these statements are acceptable and do not need a stamp. I feel very disappointed and am led to believe that the visa was rejected just so that the embassy could make more money. Anyways, I can think of the following options for the next course of action, experts can you please advise if my understanding is right and if there are any other better options.

1. Go for an Appeal - this option I believe would take 6-8 months which I cannot afford
2. Re-Apply for the Visa with a new bank statement (statement which is sent home rather than the one printed at the branch) - which would cost me the visa fee and would still take about a month

I am thinking of reapplying the visa rather than going for an appeal. Is this the right decision?

Kind Regards,
- Vasu

vinny
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Post by vinny » Tue Feb 07, 2012 11:17 am

Perhaps first write and ask the ECM to overturn the refusal, as the bank statements were genuine.

Keep your options open.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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sts96508
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Post by sts96508 » Tue Feb 07, 2012 11:38 am

which bank is this ?

vasubelide
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Post by vasubelide » Wed Feb 08, 2012 3:43 am

sts96508 wrote:which bank is this ?
it is HSBC

vasubelide
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Post by vasubelide » Wed Feb 08, 2012 3:45 am

vinny wrote:Perhaps first write and ask the ECM to overturn the refusal, as the bank statements were genuine.

Keep your options open.
Hi,
Does it mean that I can write a letter to the emigration control manager?
Can you please explain.
Vasu

vinny
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Post by vinny » Wed Feb 08, 2012 3:50 am

Yes. Try writing to the Entry Clearance Officer/Manager first.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sts96508
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Post by sts96508 » Wed Feb 08, 2012 10:32 am

search for HSBC in this forum. such statements are accepted. I would appeal the decision if I were you,and provide the postal statement during the appeal process to prove the genuineness of the ad-hoc statement.

vinny
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Post by vinny » Wed Feb 08, 2012 11:00 am

Yes. Appeal within the time limit, if the refusal isn't reconsidered or overturned beforehand.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

poornachander
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Post by poornachander » Wed Feb 08, 2012 2:24 pm

Even though you print the statements at bank , on demand, those are called adhoc statements which needs to be stamped and signed on every page.

ONLY the statements which you will get by post every month called original statements. This is what I have learnt from a solicitor and many forums.
If you are going to bank and getting or stmts from online system/email should be stamped on every page.

vasubelide
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Post by vasubelide » Thu Feb 09, 2012 2:43 pm

sts96508 wrote:search for HSBC in this forum. such statements are accepted. I would appeal the decision if I were you,and provide the postal statement during the appeal process to prove the genuineness of the ad-hoc statement.
Hi,
Thanks for your feedback. I would like to appeal as well. However from various forums and from vfs I learn that appeals usually take 6 to 8 months, which is too long. Is there any quicker way of appealing wherein I can get the visa within a month or two?

regards,
Vasu

sts96508
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Post by sts96508 » Thu Feb 09, 2012 5:13 pm

the average time for appeal is not 6-8 months, but it is long enough to drive one crazy! If you can spare the money then reapplying is the easy way out.

There is no quicker way of appealing as far as I know.

N2012
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Post by N2012 » Thu Feb 09, 2012 6:54 pm

poornachander wrote:Even though you print the statements at bank , on demand, those are called adhoc statements which needs to be stamped and signed on every page.
Is this also true for statements which I've ordered by phone from HSBC? I've only recently changed my account settings so that I'll get monthly statements by post, and I also phoned the HSBC customer service to ask for the past year's statements to use in my visa application. The past statements they sent me look exactly the same as the regular statement that I've just received for January, except that it says "duplicate" under the date of the statement.
Are these duplicate statements also considered "adhoc statements"?

sts96508
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Post by sts96508 » Fri Feb 10, 2012 12:29 pm

The water is getting muddied here as regards bank statements.

There should be no problem with ad-hoc or duplicate statements. They only need to be genuine.

I have an account with HSBC too and the only thing which UK BA can have a problem with is that statements printed at a branch have a header/footer of a internet URL. So if case worker is having a bad day he/she may argue that these are online statements hence need to be stamped. That is taking an extreme view in my mind and appeals against this should succeed.

Read the guidance:
ii) Personal bank statements showing the payments made to the applicant: Bank statements provided must be on offi cial
bank stationery, and must show each of the payments that the applicant is claiming. If the applicant wishes to submit electronic bank statements from an online account he/ she should also provide a supporting letter from the bank on company headed paper confi rming that the documents are authentic. Alternatively an electronic bank statement bearing the offi cial stamp of the bank issuing the statements will be accepted. This stamp must appear on every page of the statement. For the purposes of this guidance an online bank account is one that operates solely over the internet and sends their bank statements to their customers electronically (for example over the internet or via email).

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