Son_of_Soil wrote:Her visa was refused in November but she kep working while we were waiting for certificate if approval to come and get married here. We got married on 26th march n yes she voluntery departed . Then she applied for visa on 7 April from India n on 7may it's refused.
We can't show here bank statements for feb and march as this will expose that she was working. We have sent statements from another bank account .
Do u think they can come back saying why we sent st
nts from a diff bank to what we sent originally??
Totally confused and stressed
aruni4470 wrote:Son_of_Soil wrote:HI
I got married in india in march and my wife who live din uk for 6 yrs applied for tier 1 dependent from india. Her application got refused on 7 may 2010.the reason given by case worker were:
1)my bank statement for (maintence money ) in india didnt have a bank logo and as it was ajoint account with my dad, officer asked what teh relationship between the account holder.
2)my wife's bank statement were more than 30 days old .
i consulted my solicitor here and he said he will send an an admin review by sending the required docs. and lodge an apeal at teh same time. Home office sent me letter yesterday that they have loged my appeal.
when wife got refusal , we didnt receive any form for admin review neither it said anyehere on the documents that she can have an admin review.
gurus can you tell me what are the chances of success based on those two points
my wife over stayed in UK for 5 months aswell
when was this overstay and did she leave voluntarily?
If one has overstayed and left voluntarily, then you cannot make an application for 1 year.
Statement of Changes in Immigration Rules HC 321 was laid before Parliament on 6 February 2008. HC 321 amends the general grounds for refusal of an immigration application.
In some cases rule-breaking migrants could be banned from applying for entry to the UK for 10 years. The results will be:
Mandatory refusal of an application where false representations have made or false documents used, whether or not material to the application and whether or not the applicant knew of the falsehood.
Re-entry bans for those who have overstayed, breached their conditions of leave (e.g. a student working over 20 hrs a week in term time).
Those who leave within 28 days at their own expense will escape the ban.
Over stayers making a voluntary departure at their own expense face a 1 year ban, during which any application for entry clearance will be refused, rising to 5 years if the departure was at the expense of the State and 10 years if the person was removed or deported, or used deception.
In summary, the changes to the general grounds for refusal are:
From 29 February 2008 refusal of entry clearance or leave to enter, cancellation of leave or refusal to vary leave will be mandatory where false representations have been made or false documents submitted, whether or not these are material to the application and whether or not the applicant knew that such representations were being made or documents submitted.
From 1 April 2008 for those who have previously overstayed, breached their conditions of stay, entered illegally or used deception, refusal of a fresh entry clearance or leave to enter application will be mandatory for fixed periods – except those who have done no more than overstay for 28 days or less. The fixed periods are 12 months from when the person made a voluntary departure at their own expense, 5 years from when the person made a voluntary departure that was paid for and 10 years from when the person was removed or deported. In the case of a person who used deception in an entry clearance application, the fixed period will be for 10 years from the time of that deception.
