Review Petition after EC Refusal on Maintenance

[mangop]

Hello,

My EC was refused on Maintenance clause. I had conistent balance of over 3000 pounds for more than last 2 and half months and before I had applied in various IPOs that was the reason my balance was depleted. The 3 months rule came in April and the depleted balance was in Jan. Also a letter from Bank Mnager about possesion of significant amount of FD was not considered. On these grounds I am going to file review petition. Has anyone ever got the petition reviewed? and more over is there any one whose decision was upturned.

There is just one question in the petition that needs to be answered, that Why do you think the mistake was made?

I cannot reapply on same HSMP approval as it is already over 6 months now and for reapplication I will have to go thru Tier 1 process. Is there any way out that I can reapply with proper set of evidence on the same HSMP approval?

Review petition takes 28 days as per the petition form, but I wonder how long does it really takes. If takes very long then it will be a good idea to pay another 50,000 and make fresh application.


Please Advice

mangop

[geriatrix]

Assuming that you are allowed to file a review petition, what are your grounds for review??

Be sure that you have adequate proof that the decision (rejection) was made in error by the Entry Clearance Officer inspite of the fact that you met all conditions prescribed.

For example:-
1. You submitted internet statement of your bank account and the same were not signed and stamped. The Tier 1 guidance says it is not acceptable if not signed and stamped but the BIA website doesn't comment on whether endorsement is mandatory or not. However, the website does say that the internet statements must contain the following:
your name;
the account number;
the date of the statement;
the financial institution's name and logo;
transactions covering a three-month period;
that there are sufficient funds present in the account on a regular basis that meet our minimum level of maintenance (funds) requirement; and
the receipt of funds along with regular withdrawals from the account.

2. The rules mandate that you must maintain a minimum balance of GBP 2800 for 3 months in your account for maintenance funds. You say you have had it for more than 2 but less than 3 months.

3. Demat or insurance or shares are not "liquid" financial assets or savings. On the other hand, fixed deposits or bonds or term deposits have conditions of access, hence are not readily accepted. A letter from bank confirming that access to these funds was available to you if required and mentioning that in the cover letter might have helped.

AFAIK, you cannot submit new or additional evidence when submitting a review petition.

regards

[apunan]

Can we show flats/houses as assets for maintenance? I guess earlier (before Tier1), we could show this. But can't see anything mentioned in BIA website.

Appreciate your help in this.

Regards

[geriatrix]

I guess not. The requirement is for funds .. not assets.

regards

Can we show flats/houses as assets for maintenance? I guess earlier (before Tier1), we could show this. But can't see anything mentioned in BIA website.

Appreciate your help in this.

Regards

[80sPop]

Hi sushdmehta,

Pls let me know about this:
I closed my FD on 14th May and bal. in my savings was more than 2800 pounds as on 14th May. My HSMP approval ends on 11th Aug, thats the day I would be filing for EC but on 11th Aug. I am falling short of 3 months cluase by 2 days (3 months from 14th May is 13th Aug). The money was always there in my account since 1st May (savings+FD) but again I made one more FD from sabings on 9th May as I thought FD was acceptable but after exchanging mails to BHC I realized that it could be risky, so I closed both the FDs and transferred the proceeds to my savings.

Now when I file for EC I would be falling short by 2 days on the 3 months clause. Would this work? Can I let BHC know that I have always maintained the amount but just distributed between savings and FD.

Any thoughts would be appreciated.

Regards

[pankajmahadik]

Hi,

Same case here, i have applied for HSMP under Tier 1 in 8th may 08, where i am having balance of 4000 pounds in my account for more one and half month but for one and half the balance is less 2800, so BHC will reject my application, i have submitted the Fixed deposit also.

I am having UK offer also.


PanKaj

[TierOneAspirantMay]

Hi sushdmehta,

I was just going thru the instructions carefully but i didn't understand the difference between the following 2 points under maintenance fund section, i hope both r same, could u please elaborate.

1) transactions covering a three-month period;
2) the receipt of funds along with regular withdrawals from the account.

Hi pankajmahadik,

How r u able to get the offer letter before getting visa, did u approached any consultant ? if so could you let me know that.

[cskmail]

Hi All,

All of you please be careful about maintenance clause. BHC ECOs are very logical and rational. They would only consider liquid funds. So make sure you have minimum GBP 2800 in your bank account for a period of minimum three months. Your application can be easily rejected if you do not fulfill this clause.

[pankajmahadik]

hi,

I am having special skill set in calypso which a finance product, so i getting offer easily.

But my issue is that i have shown liquid cash of 4000 pounds in my salary account and also given the letter of bank stating my balance, but balance is not maintained for last 3 months.

My whole amout is of my salary itself, but i have done some withdrawal in feb and march month where balance is less then 2800 pounds.
Now i am waiting for BHC results.

I heard if we have offer letter they consider minimum of 1 months balance of 2800 pounds.

Any body have any idea on this.
Pankaj.