Re: Dependent visa refusal urgent

misaw1 · Post by **misaw1** » Wed Jan 08, 2014 9:32 pm

Hi Everyone

First of all I would like to thanks everyone for helping us in all types of situations.

I have applied for my wife and son dependent visa under Tier-1(general) dependent but unfortunately they refused the applications stating that £1,200 maintenance funds(£600 for each dependent) was not held for a period of 90 consecutive days.

I have showed £900 in UK account and INR 1,70,000(1 lakh seventy thousand rupees) in my wife account for maintenance funds and these funds were in account since July 2013.

I am living in UK for more than 2 years so requirement was to show £600 for each dependent and £900 for main applicant which I have satisfy but the entry clearance officer based in Chennai refuses the application stating insufficient funds.

My query is

1. They have given option of right of appeal within 28 days so should I go for appeal which will take atleast 2-3 months or should I apply fresh again.

2. Is there any fees for appeal and if making an objection to entry clearance officer decision does this effect the applications.

3. Letter says submit supporting documents, does this mean I have attached all the documents I have submitted for the first time with application.

Please help me as your help always guide me and others to do right...

Many thanks in advance
misaw

uk2k10 · Post by **uk2k10** » Thu Jan 09, 2014 5:25 pm

1. They have given option of right of appeal within 28 days so should I go for appeal which will take atleast 2-3 months or should I apply fresh again.
Appeal time can vary from 2- 6 months

2. Is there any fees for appeal and if making an objection to entry clearance officer decision does this effect the applications.
£80 fees - Appeal is to object to his decision

3. Letter says submit supporting documents, does this mean I have attached all the documents I have submitted for the first time with application.
No just the document that you think u/they missed or they mis-interpreted.

Please check with seniors and take it as general information, discuss with professional solicitor if in doubt as we are not professionals.

cherrypie · Post by **cherrypie** » Thu Jan 09, 2014 6:05 pm

Hi,

We had a similar problem a few years ago with my husbands visa (where the problem was UKBA not being able to read the documents correctly).

We had the option to appeal or reapply. However, we didn't want to have a visa rejected when it wasn't our fault so contacted UKBA enquiries (Manila office - as this is where we had applied) and explained the error. It took about a month with back and forth emails to UKBA but the decision was eventually over-turned.

Good luck.

Cheers,
N

misaw1 · Post by **misaw1** » Thu Jan 09, 2014 8:10 pm

Hi

Thank you for your prompt reply.

Would you please let me know how did u contacted manila office and is it VFS office or british high commission you have contacted.

UKBA website states this "Letters or emails about decisions to refuse a UK visa will not be treated as complaints. If you do not agree with the decision on your visa application, please use the existing appeals channels.

If you have a complaint about how your visa application has been handled, or the conduct of UK Visas and Immigration staff you should email the Visa Manager"

Please help out in this as your help is really appreciated.

Many thanks
misaw

cherrypie · Post by **cherrypie** » Fri Jan 10, 2014 4:32 am

Hi,

We applied for the visa in Australia. We filled the application on the visa4uk website and then sent the application and supporting documents to an address in Sydney, Australia. From Sydney it was forwarded to the British Embassy in Manila. I'm not sure if this is similar to VFS.

We contacted UKBA using the contact details on the 'UKBA Australia Contact Us' page. The phone numbers were completely useless and cost a lot of money.

We used both the email addresses on the page, the 'check my visa' and the complaints email addresses. We had a response from the 'check my visa' email and they followed the enquiry up with the Manila office, who eventually contacted us via email as well.

If you have any other questions regarding our case please let me know.

Cheers,
N

P.S. The letters we received from the Manila office sound pretty similar to what you have received and we were given the same options as you. We decided to ignore the letters and proceed with querying the decision. I think if you are confident that the fault is with UKBA you should proceed along the same lines as us, as having a visa rejected will be a black mark against your dependent

misaw1 · Post by **misaw1** » Sat Jan 11, 2014 9:32 am

Hi

Would you please let me know what did u mention in your email to UKBA and how long it takes to respond to you. As I only got 20 days left for my appeal to be reached UKBA.

Also did u attach any letters or bank statements or any supporting documents with your email to UKBA and would you give more information about your case. Please suggest me asap, as I have limited time in my hand.

Many thanks
misaw

cherrypie · Post by **cherrypie** » Sun Jan 12, 2014 5:54 pm

Hi there,

Please see post 'Tier 1 dependent visa refused due to UKBA error' posted March 30, 2012 (Fri) by myself. This explains the initial refusal.

In the email to UKBA we explained why we thought their decision was incorrect. We did not obtain any additional documents, we re-sent the same bank statements that we sent with the original application as the only problem was that UKBA were incapable of reading the statements correctly. We received an automatically generated email saying our query will be responded to in 7-10 days (I think). And we had a response in the stated timeframe.

When UKBA responded they said we were right but now they were going to refuse the visa because we didn't have sufficient maintenance funds. This was completely ridiculous as we had more than the required amount for maintenance funds. We replied and explained that we had enough money and re-sent the same bank statements. Again we received the auto generated email and they responded in the stated time frame. This time they said the visa had been approved and asked us to send my husbands passport so they can put the visa label in.

You will see from my post in 2012 UKBA also kept our original documents. This was sent back to us with the approved visa.

I hope this helps. If you need any further info, let me know.

N

misaw1 · Post by **misaw1** » Mon Jan 13, 2014 10:52 pm

HI

THANKS FOR REPLY

I have decided to go for appeal as well as send them an email stating its ECO error and reconsider my applications to UKBA.

1. Please suggest me if anyone got any covering letter draft version to go with appeal or should I contact any solicitor for this.

2.Also what impact will sending email and complaining about ECO will have on my appeal or applications

3. Does appeal has to be send through VFS(india) or it can be send from UK by any relative or sponsor

Waiting for your advice

Many thanks
misaw

Post by **vinny** » Tue Jan 14, 2014 12:51 am

See also Submitting an appeal.

cruzez · Post by **cruzez** » Tue Jan 14, 2014 5:30 pm

Has rules been changed since last 2 years? I don't think I showed so much money when I was bringing my wife.

I didn't even show my bank balance or payslips just job offer letter as I was unemployed at that time and my balance was overdraft and living in UK. But my wife kept little over £600 as proof for maintenance and she received visa within 10 days.

misaw1 · Post by **misaw1** » Tue Jan 14, 2014 8:58 pm

Hi

Thanks for your replies

Would anyone answer my 3. question about sending the appeal through uk or india via any relative or sponsor

Anyone who have done appeal form IAFT-2, please advice me and share their experience

One more query as I am appealing for my wife and son, does that mean I have to submit two IAFT-2 appeal forms or I can include my sons details in with my wife appeal form, please suggest me asap this.

Many thanks

misaw

Post by **vinny** » Tue Jan 14, 2014 11:40 pm

vinny wrote:See also Submitting an appeal.

Appeals should be submitted in the UK. I suspect one form/fee per applicant.

misaw1 · Post by **misaw1** » Thu Feb 06, 2014 7:39 pm

Hi Everyone

Thank you very much for all your support and information.

Finally my wife got visa as UKBA approved their visas before appeal and its all because of all of you particularly (cherry pie) whose suggestion of giving an email to UKBA office was very helpful as they did responded within couple of days but initially they refuse to accept caseworker mistake and the entry clearance manager deny my request but after providing more evidence and letter from bank manager they finally agreed and grant them visas.

Just want to ask that if wife comes after 2months to UK, will that be a problem during immigration?

Thank you for everything and please if anyone have suggestions about this please let me know

Many thanks

misaw

cherrypie · Post by **cherrypie** » Fri Feb 07, 2014 5:40 am

Hi,

Congrats, glad everything has worked out for you.

From my personal experience I don't think it matters when your wife arrives in UK as long as she enters before her visa expires. My husband only moved to the UK in Jan this year, 8 days before his visa expired and he had no problems.

I have read posts on this forum about people having problems at Heathrow with the immigratio officers but so far we have not had any problems.

Good luck

seshukolusu · Post by **seshukolusu** » Wed Feb 18, 2015 11:12 pm

Dear Misawa;
I am also in the same problem that I have shown only sufficient funds for 23 days instead of 90days. Could you please help me whome you contacted ? I also submitted from VFS hyderabd. I am missing my wife an d son since a year.

thanks for your reply.

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Re: Dependent visa refusal urgent