Dependants Visas Refused - Help needed

[a-s]

Hi all,

We have a bit of a tricky situation going on regarding student visa and I thought perhaps some of you can help. (If a similar answer is already provided here then please guide me to the specific thread.)

My sister is planning to study in UK. She got admission in a college in Middlesex for September 2009. She then applied visas for herself and her 2 children (as Dependants). Her husband didn’t apply visa with them as he already has a valid visit visa for 5 years. This was a mistake, which they realised later on because my sister was issued a visa (valid until April 2011) but visas for both children were refused against paragraph 319C, which states that if both partners (husband and wife) are married and living together then both parents should accompany children in UK or the husband should take care of the children in the home country.

Because the preference was to travel with children, my sister got an extension letter issued from her college and then all 3 of her dependents (including husband) applied visas together. They attached a copy of my sister’s passport (visa page), the extension letter from the college as well as her same bank statement that showed exactly the same balance amount, which they thought covered all their possible expenses. The balance comes down to exactly £18,900.

The living and maintenance funds calculation was done on the outer-London based college because the college she’s planning to study is in Middlesex and clearly classed as outer-London borough as per the postcode check on the AboutMyVote website recommended in the PBS Guidance. The point to note here that my sister didn’t travel to UK on her own as they all want to travel together. However, the visas for all 3 dependants were refused again. This time the Visa Officer acknowledged in the refusal letter of my brother in law that they meet the requirement of 319C but following is exactly what he wrote as the new/now reasons for refusal section:

As laid out in Appendix E of the Immigration Rules, you must show that your sponsor has available £533 in available funds (per dependant applying). I note that you have applied with your two children. You have only submitted evidence to show that your sponsor has been a student in the UK since August 2009 and your sponsor does not therefore qualify as a student already present in the UK and therefore needs to meet the higher requirements of maintenance. Your sponsor is required to show that she has £533 for each dependant applying - £1599 for her period of 9 months. In addition they need to show that they have a further £800 per-month themselves for funds as student for upto 9 months. Your sponsor therefore is required to show that they have funds of £21,591. I note that you have submitted your own bank statement with your application which shows a closing balance of 2,618,223 PKR - £18,910 using £1 – 138.456 PKR (exchange rate taken from oanda). I am therefore not satisfied that there is a sufficient level of funds available to you as set out in Appendix E. 319C (g). I therefore refuse your application.

Regarding the bolded parts above:
• How come he calculated it on £533 when the college is clearly in outer-London (Hounslow borough to be precise), we don’t know. Shouldn’t this be £400 for each applicant - £1200 x 9months?

• We also don’t know what gave him the impression that the main applicant (my sister) or the Tier 4 (General) Student is in UK since August 2009. Yes she got her visa in August but she never flew to UK and the copy of her passport was attached just as a proof of visa. Maybe the copy of passport gave him the impression that she's left for UK. Should they now attach the original passport to show that she’s still here? Although she did attach a cover letter (on plain paper) explaining that she's still in her home country and she also attached an extension letter from college to show that she can join on a later date. So the assumption was that the visa officer will look into these documents. Any suggestions?

• Similarly regarding my sister’s own living funds, shouldn’t it be £600 per-month x 9 months = £5400 instead of £800 per-month x 9 months = £7200?

• Also, he’s saying to my brother-in-law that he has submitted his own bank statement. But he didn’t! The bank statement and bank letter was of my sister, which she submitted at the time of her own visa application. The balance was the same then and it’s the same even today (i.e. £18,910). Should my brother in law attach his own bank statement now or is my sister still entitled to sponsor all her dependants, if she has the money and she’s still in her home country (Pakistan)?

So as per our understanding it should be the following:

College Fees: My sister is applying for a 17 months course and she’s already paid the tuition fee for one whole year. A formal receipt from her college was attached in her application.
Living Cost for my sister (main Tier 4applicant): £600 x 9 = £5400 (outer London)
3 Depeands: £1200 x 9 = £10,800 (£400x3 for 9 months- outer London)
Total: £5400 + £10800 = £16,200
Available Balance: £18,910.

Are we calculating everything right and any suggestions of what to do now?

I have asked my sister to get her admission deferred to February 2010 intake and get a new visa letter issued from the college and the apply visas for all 3 dependants YET AGAIN but does this make sense in opinions of people here? Or should they appeal...although the appeal process is very long in Pakistan/UK scenario.

Do you think our assumption is correct that the Visa Officer calculated it wrong on the basis of inner-London?

Your opinions and assistance would be deeply appreciated in this regard.

Thanks in advance.

a-s