Hi there,
We applied for a Tier 4 (Child) entry clearance. CAS from and HTS an independent fee paying school. The first application was refused due to lack of evidence RE Sponsor's (a close UK relative) accommodation conditions. So we submitted a new application with a report from the local council that the accommodation is suitable and will not be over crowded should the child come and stay in this house.....
The 2nd application was refused on following 2 grounds
''The bank letter is more than 31 days old..... with your application submitted on 26/05 and bank letter is dated 19/04''.
However the online application was submitted on 16/05 (and passport etc. submitted to VFS on 26/05) and payment was also made online on 16/05. According to guidance note Para 310 the date of application is when the relevant payment is made and in this case it was on 16/05 and therefore the bank letter is valid being less than 31 days old.
2nd ground of refusal is:
'' as a tier 4 student, you are required to show full 1st year fees together with £7200 for maintenance.... your father's income is .... and your first year course fees together with maintenance fund is double the income of your father..... I am therefore not satisfied that you are a genuine student and refuse your application under Para 245ZV of.......
Now the fact is that £7200 maintenance requirement is for Tier 4 General student and not for Tier 4 Child. For Tier 4 Child, it is the close relative who has to show £550 per month for a maximum period of 9 months (Para 254 of Guidance note).
I've 2 issues here
1) Because the ECO has applied wrong date of application, he has not awarded 10 points for maintenance.
2) Because he wrongly applied Tier 4 General maintenance fund requirement, he miscalculated first year total funds require
Am I correct in saying that he also wrongly applied Para 245ZV as the relevant Tier 4 Child application rules are in Para 245ZZ?
Is the ECO completely ignorant of Immigration Rules or he just refused because he don't want to issue an Entry Clearance?
What are the chances of this decision being reversed at an Administrative Review Stage?
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