Tier 1(general) Dependant Visa refused

Aumi · Post by **Aumi** » Thu Apr 26, 2012 2:56 pm

My wife lodged an application for Tier 1(general) Dependant Visa earlier this month and has been refused.

The refusal letter states “You have submitted a bank statement in your spouse’s named and dated 26/03/12 showing a minimum balance from 26/12/11 to 26/03/12 of £25.12. You have not therefore shown sufficient funds for maintenance”

This is incorrect as I did not have a balance of £25.12 in either of my bank accounts (i.e Savings account or Current Account ),submitted as supporting documents when the application was lodged during the period 26/12/11 to 26/03/12.

I have come to the conclusion that the immigration officer who assessed her application didn’t look at my savings account statements as proof of maintenance (funds). This is because it has a closing balance of around £12k with a minimum balance during that period of £4k which is clearly more than £1,333 required as per Appendix E of 319C (g)

I have clearly stated in my covering letter to the immigration officer that
1) current account statements are provided along with 6 months payslip to prove my earnings
2) savings account statements are provided as proof of maintenance.

I am not sure whether to lodge an appeal against the decision or make a new application.

Lodging an appeal will take a long time for an outcome to be reached and on the other hand if a new application is made there is no guarantee that the immigration officer wont make the same mistake and refuse the new application.

I was wondering if you can let me know what the best option would be.

Thanks

sweeti · Post by **sweeti** » Thu Apr 26, 2012 3:13 pm

from which city your wife applid?

sts96508 · Post by **sts96508** » Thu Apr 26, 2012 3:13 pm

given current slow processing times and increased fees, appeal may be good option. ofcourse if you don't mind the cost and are in a hurry then re-apply. you will be submitting only one statement so no chance of same mistake again

Aumi · Post by **Aumi** » Thu Apr 26, 2012 3:19 pm

The application was made in Dhaka, Bangladesh.

Do you happen to know how long it may take to process an appeal?

Thanks

sts96508 · Post by **sts96508** » Thu Apr 26, 2012 3:24 pm

Aumi wrote:The application was made in Dhaka, Bangladesh.

Do you happen to know how long it may take to process an appeal?

Thanks

appeal processing times vary wildly, there is no average time.
search well in this forum. i have seen cases taking between 2 to 12 months

Aumi · Post by **Aumi** » Thu Apr 26, 2012 3:28 pm

Thanks sts96508

Yarlie_uk · Post by **Yarlie_uk** » Thu Apr 26, 2012 3:53 pm

Aumi wrote:Thanks sts96508

Hi Aumi,

In my case, my wife and kid tier1 dependent visas got refused intially and we appealed and got approval within 1 month. If it is home office mistake, they will revert soon.
I think its better to appeal first if u think its their mistake.
But while appealing, put a detailed covering letter pointing their mistake.

Regards,
Yarlie

Aumi · Post by **Aumi** » Thu Apr 26, 2012 3:57 pm

Hi Yarlie,

Thanks for your response. Can you please confirm where was the initial application for Tier 1 visa lodged by your family?

Aumi

adityak77 · Post by **adityak77** » Thu Apr 26, 2012 4:14 pm

Best option is to appeal. We got a decision reverted after 1 month from the appeal, we appealed within 15 days of the date we recived the refusal letter.

Thanks,

Aumi · Post by **Aumi** » Thu Apr 26, 2012 4:14 pm

Hi All,

I was wondering do I need to show my current account statement along with my payslips to prove my earnings or last 6 months payslip alone is sufficient?

If I dont have to send my current account statements, there shouldn't be any doubt whether I have the required fund available for dependant visa as savings account wil have the required amount above the minimum threshold level over 3 months?

Do you guys know if it is required to send bank statements along with payslip to prove earnings for dependent visa?

Thanks
Aumi

Yarlie_uk · Post by **Yarlie_uk** » Thu Apr 26, 2012 4:18 pm

Aumi wrote:Hi Yarlie,

Thanks for your response. Can you please confirm where was the initial application for Tier 1 visa lodged by your family?

Aumi

Hyderabad, India

Yarlie_uk · Post by **Yarlie_uk** » Thu Apr 26, 2012 4:27 pm

Aumi wrote:Hi All,

I was wondering do I need to show my current account statement along with my payslips to prove my earnings or last 6 months payslip alone is sufficient?

If I dont have to send my current account statements, there shouldn't be any doubt whether I have the required fund available for dependant visa as savings account wil have the required amount above the minimum threshold level over 3 months?

Do you guys know if it is required to send bank statements along with payslip to prove earnings for dependent visa?

Thanks
Aumi

Hi,
Its better to submit all the documentation. In our case he mentioned to submit only photocopies of the documents. Also mention the checklist of documents you are submitting.

vp77 · Post by **vp77** » Thu Apr 26, 2012 4:38 pm

I think, the caseworker here got confused with the 2 different set of bank statements and hence the rejection. As a policy, there is no need to show earnings going into your bank statement for tier 1 dependent visa. Its enough if you just show the pay-slips and employer reference letter to show that you are employed and earning to support your family. Since your rejection is specifically for maintenance funds, i think it would be better to just show your savings acct which has the necessary amount of maintenance funds.
You don't won't to confuse the CW again amd make things complicated!

mantasingh · Post by **mantasingh** » Thu Apr 26, 2012 4:50 pm

Suggestion to others who read this case:

Always put mini slips on top of each document that you submit.

Like One Main Slip detailing the purpose of the set of documents.
- Maintenance Documents
Then sub slip to mention what to expect out of this.
-Maintenance fund equivalent to £XXXX held in Bank Account Number and duration.

This will help CW to analyse each set of document properly and it will look nice as you will have such mini slips on each set of documents.

Aumi · Post by **Aumi** » Thu Apr 26, 2012 4:52 pm

I have already done that for the application but it seems it was of no use!! but thanks for the suggestion..

mantasingh · Post by **mantasingh** » Thu Apr 26, 2012 5:37 pm

Then I must say, CW is dumbass.

Go for an appeal if you think your documents are correct. they have made the appeal process difficult just to push applicants to apply again. Don't fall in the trap and fill their pockets.

razian97 · Post by **razian97** » Thu Apr 26, 2012 9:10 pm

Aumi wrote:I have already done that for the application but it seems it was of no use!! but thanks for the suggestion..

I suggest you to go for Appeal ,its a straightforward case and clearly case worker mistake.if you or your solicitor write a strong letter and explain every thing ,than might be case worker revert and withdraw his decision.
one of my friend did in his case.his Mrs visa were refused same as like you.he sent a letter to case worker by a good solicitor and also went for appeal.case worker revert the decision with in three weeks of receiving letter and his Mrs dependant visa approved.

beecharmer1800bc · Post by **beecharmer1800bc** » Fri Apr 27, 2012 3:40 am

I have always advised peeps to avoid shooting themselves in the foot by adding all sorts of irrelevant documents in the application.

I mean, with the fee increases and all; one must be really careful and avoid anything that'd jeopardise an application.

There was absolutely no reason to confuse the issue by including current statements to show earnings- the policy guidance is very clear on WHAT you MUST submit as per a dependant application.

YOU the main applicant had already satisfied the visa requirements so why over do it?????

Lesson learned I'd imagine.

My advice- Appeal the decision and this time, only send your savings account statements that cover the said period (Dec 11- Mar 12).

All the best dude

doc44 · Post by **doc44** » Fri Apr 27, 2012 10:18 am

Hi Aumi,

Sorry to hear about the refusal. My wifes visa also got refused once without any genuine reason like in your case. I strongly agree that don't provide too much documents, only provide the required ones fulfilling the criteria. Caseworkers are confused when there is too much information. It happened in my wife's case. I reapplied with only relevant documents and there was no problem.
My suggestion is to submit your saving account statement, letter from employer and if you want, payslips of last 3 months (not the current account statement, it will confuse the case worker again). All the best.

I have no idea how long appeal takes now. 2.5 years ago when my wife's visa was refused, it was 10 months minimum so we preferred to reapply, am not sure of current timings.

Aumi · Post by **Aumi** » Fri Apr 27, 2012 2:40 pm

Thanks DOC44 for your response.

Did you reapply within a very short space of time?

Given my wife's visa was refused on 19/04/2012, I was wondering if it will be a problem if I reapply now or shall I wait a few weeks?

Thanks once again.

doc44 · Post by **doc44** » Fri Apr 27, 2012 3:29 pm

Aumi wrote:Thanks DOC44 for your response.

Did you reapply within a very short space of time?

Given my wife's visa was refused on 19/04/2012, I was wondering if it will be a problem if I reapply now or shall I wait a few weeks?

Thanks once again.

You can apply anytime whenever you are ready even the next day. There is no time restriction.

doc44 · Post by **doc44** » Fri Apr 27, 2012 3:39 pm

I can understand that it is quite expensive and painful to pay the fees again and to go through the whole process again.

After getting advice from gurus on this forum, if you feel that making an appeal is a better option and decision could be overturned at ECO's level then feel free, I am 100% sure you will win the appeal because it is clearly case worker's mistake but no one can say whether decision will be overturned at ECO's level or after going through the tribunal.

After taking everyone's advice, final decision is yours. All the best.

Aumi · Post by **Aumi** » Fri Apr 27, 2012 3:43 pm

Thanks Doc44

roz123 · Post by **roz123** » Sun Apr 29, 2012 11:46 pm

Hi doc44 and all,

could you please confirm, are you saying that for dependent visa should I submit savings account statement not current account where I get my salary every month?

I have enough maintenance funds in both the accounts but in current account i get my salary and savings is just saving where i have some money as well, please suggest which one to provide with application ?

Please could you confirm, I need to apply for my wife from India so just want to make sure rather than confusing them!

Thanks in advance..
Roz

doc44 · Post by **doc44** » Mon Apr 30, 2012 10:32 am

roz123 wrote:Hi doc44 and all,

could you please confirm, are you saying that for dependent visa should I submit savings account statement not current account where I get my salary every month?

I have enough maintenance funds in both the accounts but in current account i get my salary and savings is just saving where i have some money as well, please suggest which one to provide with application ?

Please could you confirm, I need to apply for my wife from India so just want to make sure rather than confusing them!

Thanks in advance..
Roz

Hi,
Show the account having enough funds to satisfy the ECO. If your current account is having enough funds for the last 3 months that fulfil the visa requirements then I will suggest you to submit the current account statement.

Other experts could further advise on this.

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