Friend stuck in deception and Bank statement

[hammad1224]

My friend applied for tier 1 ent in July last year and his visa refused on basis of deception with full right of appeal. HO said they are satisfied he used deception.

We used to live in the same house last year and I know he showed me his online account where he kept his 50000 pounds. Actually he kept his funds in Pakistan in a Standard Chartered bank. The bank closed his account as he was based in UK and was used by his father.

Now he got the bundle from HO and HO didn't provided the bank account verification report. In addition, the bank, after various checks gave 50,000 pounds to his father through bank draft. which his father deposited in his account. Also bank provided his father a letter explaining that the situation.

Now the money is in his father account and bank is saying they will only reinstate the account if the applicant physically comes in the branch, which is not possible.

I told him that he is fine and will not have any problem in the court if he provides bank letter and the bank draft. But he said to me that the new evidence (his father statement)will not be accepted as this was not originally provided in the application and visa may refused.

He is in UK for 9.5 years.

Would he be able to get the visa based on the bank letter and draft? Will bank accept his father bank statement?

[Olasunkanmi]

@ hammad1224, your friend have a very good chance of winning his appeal if he can present the bank letter which proof the reason why his account was closed in the first instance. From my understanding am guessing that the account must have been closed due to the account been dormant for some time?

He can argue his case base on the fact that HO delay his application which resulted in the bank closing his account. He need the bank statement/letter which he submitted with his application to show that the funds were in the account at the time of the application and also another recent letter from the same bank which explain when and why his account was closed.

After how many months did he get the refusal letter?

[shah4404]

am in uk for about 6 years and my bank account in my home country bank is still active and have few thousand bank will never close your account no matter where you are util you ask them to

[Kumar197]

It's a banking a for all over the world that :

1.If a single Rs or penny is there in bank account then bank cannot dormant or close the account.

2.if your bank account has not been operated for constant 6 month then being a first action bank has to right a letter (intimation letter) that your so and so account you have not been operated so if you will not start operating then the account will be dormant.

3.enven though after getting Intimation letter you dnt operate your account then bank will dormant and send new fresh letter that your account has been dormant ad from so and so date and month.

In your case I dnt understand one thing that your dad has operated account and money has been taken out through draft facility right?( to keep the account active you need to do transaction no matter paid out or paid in) then how come your account has been dormant.

If you got any above letter from bank then You can show that in appeal
Hope it works...goodluck

[hammad1224]

It's a banking a for all over the world that :

1.If a single Rs or penny is there in bank account then bank cannot dormant or close the account.

2.if your bank account has not been operated for constant 6 month then being a first action bank has to right a letter (intimation letter) that your so and so account you have not been operated so if you will not start operating then the account will be dormant.

3.enven though after getting Intimation letter you dnt operate your account then bank will dormant and send new fresh letter that your account has been dormant ad from so and so date and month.

In your case I dnt understand one thing that your dad has operated account and money has been taken out through draft facility right?( to keep the account active you need to do transaction no matter paid out or paid in) then how come your account has been dormant.

If you got any above letter from bank then You can show that in appeal
Hope it works...goodluck

Thanks for your reply.

Firstly, it is my friend not me. I am acting as his accountant and helping him in his tax affairs. He has a solicitor but for a second opinion he asked me and I told him that I am an accountant not a solicitor.

Secondly, his bank account was closed because his father was trying to send him money from his bank in his home country to UK a fairly large money to invest in his business. His father had his signed cheque book (retained by bank now) and an expired ID card of his (he has renewed it now). To preserve his account secure, bank asked they only reinstate the account if the account holder comes in the bank. Bank has provided a letter that his account has been closed and xyz amount has been paid as via draft (in his own name). Now his father deposited the draft in his another account so that the money can be retrieved and send to the UK.

I have completed my compliance checks on him and I find this guy not deceiving anyone just stuck in the rules of bank and HO,

Now my question is, will be able to provide the new bank statement showing the funds credited, copy of the draft plus the letters provided by the former bank. As far I am aware, soon he start speaking on a different account, his visa will be refused or the appeal might be dismissed based of the fact that the new bank statement was not provided in the original visa application . I may be wrong and I need some comments from Gurus on this please.

Regards

[hammad1224]

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[Olasunkanmi]

@ hammad1224,

Now my question is, will be able to provide the new bank statement showing the funds credited, copy of the draft plus the letters provided by the former bank. As far I am aware, soon he start speaking on a different account, his visa will be refused or the appeal might be dismissed based of the fact that the new bank statement was not provided in the original visa application . I may be wrong and I need some comments from Gurus on this please.

He should get all the docs you listed above and take with him to the hearing to proof that his bank statement is genuine and not fake so that he can clear the issue of deception from his record.

It will then be left to the judge to decide if he can still win the appeal, but its very likely that the judge will rule that HO reconsider the case if HO cannot present documents that state that the account is fake.
In the event that judge ask HO to reconsider case or to re-decide case, HO may ask your friend to submit an updated bank statement and he should be planning to transfer the funds to his personal account by now so that he will show it as still available and at the same time he should get proof of the transfer from his father's account.

But he should also make necessary plans for a fresh application if the appeal is unfavourable due to the fact that judge might rule that appellant should have make necessary steps to ensure that his account can be verify by HO.

I wish him the best of luck.

[hammad1224]

@ Olasunkanmi, Many thanks for your reply and I really appreciate that.

To my knowledge he cant make a fresh application unless the deception is removed from his shoulders.

I am an accountant and I have handled many cases with HMRC where client has paid taxes but stuck in a bad place not because they intentionally avoid the tax because they fall victim to the tax rules i.e. if they consulted a tax advisor or a person before, they could have saved them.

Anyways, I have read this in this forum about the "Evidential Flexibility". What is this does this applies in his case?


Best Wishes,

[Olasunkanmi]

@ hammad1224, Evidential flexibility is the provision which allows HO/caseworker to request for documents which is in a wrong format or part of a missing documents from lists which were initially submitted.

It does not apply to all cases as the judges use their discretion in the application of evidential flexibility to individual cases.

In the case of your friend, the issue at stake is not about document missing but about submitting required document which HO classed as not being genuine. So the first step is to clear the issue of deception.