I am stuck in a terrible situation. Please help!

[WINGSOE]

I applied my tier 1 ent visa in August 2013 and this was refused yesterday on the basis of deception that I have used a false bank statement (which is completely wrong and doesn't make any sense to me).

I have applied through PSW route.

I opened my bank account in Standard Chartered in Pakistan and transferred £54,000 aprox in it for my visa. For some reason, me and my father were not aware of the clause in the banks terms and conditions that the account may close if there is any inactivity for more than six months. My account was closed due to inactivity we didn't receive any letters from bank to warn us and my visa was still in progress when this happened.

Initially they were not disclosing any information to my father due to the confidentiality and when my father insisted that the account had £54,000 aprox they said they will transfer it to another account provided I authorise my father by way of a declaration (as I am not physically present in Pakistan). My father said to reinstate the old account as I am willing to pay the charge if any. But again they said this is not possible.

My father asked them to send the letter of closure to my address in Pakistan explaining the reasons why they have closed it so that I can use it in my defense. They said they can't provide that letter (this really surprise me as this doesn't happen in the UK banks)

Now I am in a situation where deception is on one side and dispute with the bank on the other. I am in the UK for 9.1 years and I never intended to deceive anyone.

Could anyone this in forum suggest anything please?

Regards

[Princess of Ammi]

well if they did as you said they did close or suspended the account in which you had your funds, they would have done it following their policy a policy that a bank has and bankers follow, get that document 1st still you will need an explanation from bank which should say there was money is said account due to closure or suspension of this account we could not verify the details when requested.

to me if there was an account and money in, Bank should not show no hesitation making such letter for you, any proof in relation to this account which existed in new dates will help you, try and involve the banking ombudsman in it because no bank can have a policy where an account holder should not be told before his account is closed or suspended.

[WINGSOE]

Many thanks for your reply.

My father will now contact the Ombudsman (eqv in Pakistan) if the bank will not provide any information.

[Princess of Ammi]

let me tell you something, something that can not be happened, you will get anything, something in relation to your bank account if there was an account and money in. involve the local MP or anyone dominant in your back home area and never have a loose on chase the bank, another thing do not transfer the money in your father account if you can open another account, money should be in your account and available, having money in somebody else's account has different implications and it would require you to arrange another pile of affidavits,lawyers latter and many more.

[shan101]

I applied my tier 1 ent visa in August 2013 and this was refused yesterday on the basis of deception that I have used a false bank statement (which is completely wrong and doesn't make any sense to me).

I have applied through PSW route.

I opened my bank account in Standard Chartered in Pakistan and transferred £54,000 aprox in it for my visa. For some reason, me and my father were not aware of the clause in the banks terms and conditions that the account may close if there is any inactivity for more than six months. My account was closed due to inactivity we didn't receive any letters from bank to warn us and my visa was still in progress when this happened.

Initially they were not disclosing any information to my father due to the confidentiality and when my father insisted that the account had £54,000 aprox they said they will transfer it to another account provided I authorise my father by way of a declaration (as I am not physically present in Pakistan). My father said to reinstate the old account as I am willing to pay the charge if any. But again they said this is not possible.



My father asked them to send the letter of closure to my address in Pakistan explaining the reasons why they have closed it so that I can use it in my defense. They said they can't provide that letter (this really surprise me as this doesn't happen in the UK banks)

Now I am in a situation where deception is on one side and dispute with the bank on the other. I am in the UK for 9.1 years and I never intended to deceive anyone.

Could anyone this in forum suggest anything please?

Regards

I know this happens in Pakistani banks.You can write a letter to the bank head office through a lawyer in Pakistan as soon as possible and mention everything in detail. The head office will certainly help you regarding this,they should give you something in writing that this account was genuine and because of inactivity the account was blocked. You should also straight away open another account with the same bank and same branch and transfer money accordingly. these two things should clear the deception allegations. After doing this its your choice that whether you appeal or re-apply.

[ILR1980]

Sad situation indeed. I know banks in Pakistan can close your account for inactivity in specific period. I agree with princess of Ammi the only thing you can do to clear these deception charges are to get a letter from any bank official where he mention that your accounts was inactive for 6 months and its their bank policy to close account if there is no single activity in 6 months period. Did u got any right of appeal?

[WINGSOE]

Sad situation indeed. I know banks in Pakistan can close your account for inactivity in specific period. I agree with princess of Ammi the only thing you can do to clear these deception charges are to get a letter from any bank official where he mention that your accounts was inactive for 6 months and its their bank policy to close account if there is no single activity in 6 months period. Did u got any right of appeal?

Yes I have the right of appeal and I will appeal against this decision. I will surely write a letter to bank's HQ tomorrow. I am very frustrated about this and the time this would take to clear this mark on me.

[ILR1980]

Sad situation indeed. I know banks in Pakistan can close your account for inactivity in specific period. I agree with princess of Ammi the only thing you can do to clear these deception charges are to get a letter from any bank official where he mention that your accounts was inactive for 6 months and its their bank policy to close account if there is no single activity in 6 months period. Did u got any right of appeal?

Yes I have the right of appeal and I will appeal against this decision. I will surely write a letter to bank's HQ tomorrow. I am very frustrated about this and the time this would take to clear this mark on me.

You lucky if you got the right of appeal in deception charges otherwise they dont give right of appeal in deception cases

No need to be panic now as you have plenty of time to clear these charges . Best way is to talk to manager politely after telling then what you are going through because of all this closing account without any prior notice. If manager don't co-operate then talk to area manager or their HR department . They will sort it out for you and its not big issues

[Olasunkanmi]

@ WINGSOE, you have a very good chance of having HO change the deception accusation if you present evidence that the account exist but was made inactive due to HO delay in treating your application, but you never can tell if judge will dismiss your appeal and ask you to submit a fresh application because normally applicants should always make sure that there bank accounts are easily verifiable by HO and to be frank many country usually deactivate bank account that are redundant for 6months.

So my advice will be that you make necessary plans for a fresh application should in case the appeal turn unfavourable.

[MTZ510]

Initially they were not disclosing any information to my father due to the confidentiality and when my father insisted that the account had £54,000 aprox they said they will transfer it to another account provided I authorise my father by way of a declaration (as I am not physically present in Pakistan). My father said to reinstate the old account as I am willing to pay the charge if any. But again they said this is not possible.
Regards

Interesting !

This is some thing i have never heard in my 15 years professional career. Banks in Pakistan do mark your account as dormant if there is no activity in six months and all you have to do is to write a letter to your branch manager asking him to reactivate your account with authorized signature and a small amount to make a deposit in your account to show some transaction and that's it. And if they have closed the account which i really doubt then the question is where is the money? did they send you a pay order or demand draft? It is impossible to close an account without transferring money out of the account. I really doubt that they have closed the account write to the branch manager ask some one with banking knowledge to talk to them, if still they say that the account is closed then lodge a complain with their head office. I know these foreign banks in Pakistan are not that cooperative and always hide behind bank policy but they are regulated by State Bank of Pakistan(SBP).
As far as i know the only way to close an account is to transfer money into SBP account which banks do when the deposit remain unclaimed for three years. And if that's the case then bank can't transfer funds to your fathers account for that you have to lodge a claim with SBP.
All i will say is that you should get the account reactivated and you should not close the account and transfer the funds in any other account. Its your money and eventually you will get it. your priority should be to reactivate your account.

[WINGSOE]

Thanks to all for their replies.

@MTZ510, thanks for your response and I appreciate you feedback. While reading your comments, they gave me an impression that you are questioning my credibility (no offence). This has happened and I am the victim of it. Today all day I am ringing bank and faxed a copy of the letter to state bank to explain the situation. The bank is still refusing to reinstate the account as they are blaming us that we didn't comply with their terms and conditions and disregarded their letters. While in fact we didn't receive any letters. I am really worried about my future.

Professionally I am a Chartered Accountant and educated in the UK, passed my Chartered exams in the UK and specilised in the UK corporation tax.

The reason I have explained the above is because I know how UK tax and banking system works and I assume it worked in the same way as in Pakistan but I think i didn't.

I chose to put my investment funds in Pakistan to avoid the UK tax consequences as I am a UK resident over 9 years and there are potential tax consequences if the money is remitted to the UK. Though I know how to do the effective tax planning but I do not want to follow this route.

I know I will get the letter from bank eventually with the Blessing of Allah but the time frame cant be predicted.

Best wishes,

[RizKCB]

It is frustrating...

On which basis HO concluded it deception?
1) They were not able to verify it OR
2) The statement was found to be bogus by bank OR
3) The account was found to be closed
I mean what enquiry they did and how did your bank reply them? Its poor kind of service from both sides. I am not a banking professional but being an IT person I wonder if an account holding such a big amount is closed; then how it is possible that whole record in their system is vanished and amount is assumed to be floating amount. It could be freeze with some comments, after all Standard Chartered is fully automated. Why not you ask them to give you current status of your account in writing? Also if they transfer your money to any other account or bank, ask them to give you transfer note. Even if they dont give you such note, the other banks transaction reference could justify you. Definitely the opening balance of new account will be same as the closing balance of closed account with justification of any deductions. Try to do it bank to bank, dont break this sequence by taking out cash.

The conclusion after verification process by HO is question mark to rate it under deception. For example, if same thing happens to someone in UK, and during visa process account is closed then how can we rate it under deception? Even if you get closure warnings, does not matter because HO might not warn you during decision that 'Your account is closed, Can you show any other account statement otherwise we are assuming it deception'

Its OK to find documentary proof to justify yourself, also you have right to raise the question in appeal why your case is classified as deception. Also dont forget to include Article 8 in your appeal process as you have lived here 9.1 years.
Good luck

[MTZ510]

Thanks to all for their replies.
@MTZ510, thanks for your response and I appreciate you feedback. While reading your comments, they gave me an impression that you are questioning my credibility (no offence).

You got me wrong, i never questioned your credibility all i said was that there is no way to close an account without transferring money out of it. The systems will never allow this to happen. I am not doubting you but i doubt that the branch manager or bank staff has not given you the correct position, as you are not in Pakistan there is a possibility of communication gap and may be your account is just dormant and not closed.

You have mentioned that you are in contact with SBP that's the right approach, all banks are regulated by SBP so hopefully you will get this thing sorted out. And if you don't mind then please do share the outcome of this issue on the forum for our knowledge.

Thanks