Refusal of Entry Clearance - spouse of Tier1 PBS

[yeahkisha]

Hi,

I am currently in UK on tier-1 general.

My wife's application for entry clearance as a tier-1 dependent got refused (she applied from Chennai, India) and the reason for refusal is given as 'A Natwest bank statement from May 2012 to Oct 2012 is shown as evidence of funds. This bank statement is not original and therefore each page should be stamped by the issuing bank as required by the immigration rules. However this statement has not been stamped therefore it does not meet the rules'.

I have the funds available in my NatWest bank. The bank assured me that the statements given in the branch doesn't require a signature because it has all the required details on the statement and these statements are accepted by the UKBA Home Office. I have used the same statement for my tier-1 extension in October 2012 successfully and got my extension approved. After my extn, we have applied for my wife on 6th Nov and just received the Notice of Decision today.

I am planning to appeal the decision and seek your advise and guidance on the following questions.

1. If I appeal the decision and submit the original bank statements (with signature from bank) along with my application, would it help my case to turn the decision in our favour?
2. The IAFT2 form says the applicant can have a representative and/or sponsor. Can I be the representative and sponsor and apply from UK?
3. It's huge amount that we paid towards the visa fee and really don't want to apply again but the same time worried how long this whole appeal process will take. Can you guys please advise me on what will be approx turn around time in my case what is the best thing to do in this situation?

I am still confused how come the Sheffield PEO accepted the same NatWest bank statement as maintenance of Funds evidence and the High commission in Chennai refused to accept.

Apologies for the lengthy post.

Any help is greatly appreciated.

Thanks

[holla007]

Hey Mate, sorry to hear about tyour situation, but the truth is that since the application was not made in the Uk, it will be difficult for the High Commission in Indian to confirm the NatWest statement, becaus ethey are always looking for every single opportunity to refuse an application.
On your secon point, you can be the rep/sponsor/husband, as long as you wil be able to attend the hearing if there is any.
All in all, i will advice that you file in for the appeal as soon as possible though you will need to pay £140 for oral hearing, but be advice that you will need to add the same NatWest statement the refused from the Indian and try and get an original bank statement from NatWest covering the same period but make sure the New statements covers all the period on the one that was refused.
Talking about the time duration, well appeal takes upto 1 year, but the Indian embassy can overturn their decision if a new convincing evidence is presented with the appeal form, but all in all, it will take upto 5months for any overturn decision.
i went through the same about 6 months ago but they overturn their decision after 4 months and the visa was issue for my wife....lol
good luck

[yeahkisha]

Thanks holla007 for your kind advise and reply. I will file the appeal online and send the relevant documentation via post /fax. I now have taken the statement from bank and this time they have stamped on all pages of the statement. Hope by seeing the new evidence they will overturn the decision in my favor.

[KayBernsL]

Hi Mate,
Through experience, I have noted that if one wants a swift response to their failed application with a genuine reason from the Case worker is to make a fresh application mentioning why you failed on the most recent and appologising. Make them feel great and show them it was your mistake -- "actually it was your mistake!", you will be given the visa with the correct documentation submitted this time around. However if your application fees are a problem as they do not refund them and also if your other financial statements have changed and you have insuffient funds like Maintenance funds or any other requirement, then an appeal is your best bet. Otherwise, make a fresh application if everything else is ok. you will get a swift response and a positive one.
Regards and GOODLUCK.

[prisat]

The question is simple -

Did you get the statement stamped on each page of the statement (i assume the statements have been a printed one) that was issued by NatWest ?