Appeal Letter Format for Tier 1 Dependent Visa Rejection

[ibs_1221]

Dear All,

i am getting personal requests to send the appeal letter format. ( don't consult visa consultant they will charge you) apply it yourslef.

Please find the below covering letter i used for my appeal and got success on it.



From
XXXXXXXX
XXXXXX


To,
The Visa Officer,
British Deputy High Commission.

Dear Sir/Madam,

I, XXXX and my daughter (XXXX) national of India applied for Entry Clearance to the United Kingdom as a Tier-1 PBS Dependent with reference nos. CHENNAI/134564 and CHENNAI/1234564 respectively.

The Entry Clearance officer refused my applications stating insufficient fund in the account. The break-up of funds stated in the refusal letter shows that my husband requires £ 2800 towards his support.

I am very much disappointed by the decision of the Entry Clearance Officer as my husband is staying and working in UK from August 2010. I have provided enough and genuine information to support my application.

(i) Submitted my husband visa copy which contains the first time arrival to UK stamp.
(ii) For supporting that my husband is working, submitted the Company’s pay slips, Company offer letter, Company reference letter and UK bank statements (Lloyds TSB) which clearly shows the salary being credited every month.

Please find below the explanation for Maintenance (funds) along with the references which we referred.


Explanation on Maintenance (funds) proofs submitted:

As per the rules defined in Appendix E – Maintenance (funds) for the family of relevant point based system Migrants Point (a) says below
(a) Where the application is connected to a Tier 1 Migrant (other than a Tier 1 (Investor) Migrant) who is outside the UK or who has been in the UK for a period of less than 12 months, there must be £1600 in funds.



We have maintained sufficient funds of £1600 towards me and £1600 to my daughter.
The break-up is £1600 (myself) + £1600 (my daughter) = £3200

As per the rules defined in Appendix E – Maintenance (funds) for the family of relevant point based system Migrants Point (d) and (e) says below.
(d) Where the applicant is applying as the Child of a Relevant Points Based System Migrant, the relevant amount of funds must be available to the applicant, the Relevant Points Based System Migrant, or the applicant's other parent who is Lawfully present in the UK or being granted entry clearance, or leave to enter or remain, at the same time.
(e) Where the Relevant Points Based System Migrant is applying for entry clearance or leave to remain at the same time as the applicant, the amount of funds available to the applicant must be in addition to the level of funds required separately of the Relevant Points Based System Migrant.

However Point (e) does not tell about the main migrant less than 12 months criteria.
We have maintained relevant funds of £800 towards point based system migrant (my husband) who is already in UK.

In that case, we were suppose to show 800(as my husband is in UK) + 1600 (my daughter) + 1600 (self). We had shown more than £4000 funds in my husband ICICI Bank.

for Appendix E we referred the below link
http://www.ukba.homeoffice.gov.uk/polic ... appendixe/

For the maintenance (funds) for main applicant we have also referred the below link.
http://www.ukba.homeoffice.gov.uk/worki ... intenance/

Under the section (What the documents must show) which refers that “the main applicant should maintain at least £800 in his account at all times over the three-month periodâ€

[reddybbn]

Please let me know, if anybody is successful after submitting the appeal.

Regards,
Narayana.

[reddybbn]

hi ibs,

Could you please let me know the following information?

1) Is your refusal a points based system (PBS) decision? - yes or No
2) C. Name of decision making Post - ??
3) infant baby has to fill form or not??

please advise me.

regrads,
Narayana.

[nareshkumark]

1) Is your refusal a points based system (PBS) decision? - yes or No
2) C. Name of decision making Post - ??
3) infant baby has to fill form or not??

1> Dependants are not on PBS. The sponsor who is on Tier 1 is on PBS
2> City name where your application was processed by ECO i.e. Chennai etc
3> Infants have to fill the form, but it can be signed by mother/father

[nareshkumark]

ibs_1221, thanks for the appeal letter format. This is very helpful....

[nitika098]

Hi
I have applied for dependent visa of tier 4 student. My visa was refused as my main applicant is student in private college which is not government sponsored institution. I have appeal right against the decision. Can anyone suggest me appropriate format for appeal.
Thanks