EC Refused (TIER1 MIGRANT from INDIA)

[gsk_cae]

EC was refused for me under the reason that the maintenance proof that I showed did not cover the three weeks period immediately prior to my visa application date.

The VFS and even http://www.bia.homeoffice.gov.uk/workin ... intenance/ website only tells that we need to submit bank statements covering 3 months period and it did not tell that it has to be immediately prior to the application date.

Need you input on my chances for Administrative review ... I do have sufficient funds leading up to my visa application date. Can I submit the additional proof for the funds now along with the admistrative review application?

My documents are in hold by BHC and It looks I cannot immediately reapply too.

Do advice me.

Suresh

[vinny]

Moved from General UK Immigration forum

[push]

EC was refused for me under the reason that the maintenance proof that I showed did not cover the three weeks period immediately prior to my visa application date.

The VFS and even http://www.bia.homeoffice.gov.uk/workin ... intenance/ website only tells that we need to submit bank statements covering 3 months period and it did not tell that it has to be immediately prior to the application date.

This is unfortunate but it is more of your fault rather than a negligence of BHC. The following is a direct quote from Tier 1 guidance:

"Documentary Requirements :

C5.4 This evidence must be original, on the official letter-headed paper or stationery of the organisation and bearing the official stamp of that organisation. It must have been issued by an authorised official of that organisation. For the purposes of paragraph 245G of the Immigration Rules, the documents specified are as follows:

1. Personal bank or equivalent statements covering the 3 month period immediately preceding the application.
The personal bank or equivalent statements should clearly show:
"

Admin review will be of no use. Reapply with proper documents.

regards,

push_hsmp

[geriatrix]

Rules are rules ... meant to be followed.

But I find it sad to see that people applying from India do not enjoy the same concessions as being offered to the applicants from within UK. If applying from within UK, you are allowed to submit bank statements dated anytime within a month preceding the application and the 3 month rule is also waived off until 29-Jun. But no such thing for Indian applicants. Why ?? .. Don't they have the same practical issues ??

Sad ..

[coolguyIndia]

Hi,

I can understand your pain point. While filing my Tier 1 Application I had similar doubts as in my case bank statement was for the period 1st Feb 2008 to 30th April 2008, my application date was 15th May. For this I made a deposit on 11th May and got the passbook printed with latest transaction and made a note in my cover letter about same. I strongly believe you can ask for a review with revised paper work and this time everything in place.

Good Luck.

Regards
CoolguyIndia

EC was refused for me under the reason that the maintenance proof that I showed did not cover the three weeks period immediately prior to my visa application date.

The VFS and even http://www.bia.homeoffice.gov.uk/workin ... intenance/ website only tells that we need to submit bank statements covering 3 months period and it did not tell that it has to be immediately prior to the application date.

Need you input on my chances for Administrative review ... I do have sufficient funds leading up to my visa application date. Can I submit the additional proof for the funds now along with the admistrative review application?

My documents are in hold by BHC and It looks I cannot immediately reapply too.

Do advice me.

Suresh

[push]

Can you actually provide additional documents under the review process? I think Administrative review process involves, the reviewing officer just confirming whether or not all the evidence originally submitted was assessed with due care and whether or not correct procedure followed.

On the other hand Admin review will take a max 28 days so it really does not hurt applying for it should you strongly feel, the ECO bungled up (which, I think, he did not) on your case.

Best of luck.

regards,

push_hsmp

[deepa_nebu]

Hi Folks

I am newbie here & in similar situation as Suresh.
We knew of 3 preceding months & all. But EC rejected ours, as minimum funds req. was not met & i am assuming 2 reasons for it.
1. They dont consider Fixed deposits
2. They require the maintenance funds to remain above the minimum required amount, on ALL days of the 3 months. Ours had ups & lows through the month but month end had enough funds always.

Are these 2 reasons valid/to be accepted?

We are planning to request for admin review, wait until the response comes(within 28 days) and then reapply if necessary.
Susdmehta & push_hsmp, i require some suggestions from you both on this.
What actually happens with review? I read that addn. documents cannot be sent with the request. Can we send addn. statements?
Also, is it okay to ask the ECM to consider only the main applicant's form & give him EC? Funds are fine if we apply only for the main applicant. Will ECM consider such requests?

Thank you... cheers, deepa.

[geriatrix]

1. They dont consider Fixed deposits

There was a recent post which suggested that FDs were accepted, but it turned out to be a "smart savings" account where money over and above a fixed limit is automatically converted into a FD with higher interest rate. Based on what has been posted by other members (emails from BHC regarding FDs and reasons of refusals posted), it does seem that FDs are not accepted by BHC as evidence in support of maintenance funds.

2. They require the maintenance funds to remain above the minimum required amount, on ALL days of the 3 months. Ours had ups & lows through the month but month end had enough funds always.

That's the whole point of this maintenance funds requirement - the balance should not fall below the min. requirement even on a single day in the 3 months immediately preceding your application. Surprised how you missed this one competely.

I read that addn. documents cannot be sent with the request. Can we send addn. statements?

AFAIK, you cannot include any additional documentation with your review (anything not sent with initial application, in my opinion, would be termed as addtional documentation). Best that you check with BHC.

Also, is it okay to ask the ECM to consider only the main applicant's form & give him EC? Funds are fine if we apply only for the main applicant. Will ECM consider such requests?

ECM should have done this in the first instance provided the maintenance fund requirement (as explained above) for the main applicant (2800 gbp) was being met. No harm in requesting that in the review, if you meet the conditions.


regards

[deepa_nebu]

Hi Sush!

Thank you for the clarifications! Yes, we had wrongly assumed,that end of month balance should be above min. req. Our mistake there in not understanding its gravity.

1 more clarification needed please.

We had applied for EC on May 16th. Had shown bank statements for Feb, Mar, Apr from 4 banks(stmts from 01-02-08 to 30-04-2008).
But ECO has refused to consider the amount in 2 banks stating the reason as 'Statement shows funds upto 30/04/2008 and do not show recent balance in the account'.

What did we miss? Are we expected to show statements upto the date of EC appln?
In our case, this is not possible as these 2 not considered accounts are in UK. Paper statements take time to reach india. Online stmts are fine but there is a new clause with Tier 1 now:
'In addition, the applicant will need to provide a supporting letter from their bank, on company headed paper, confirming the authenticity of the statements provided. '
So again i have to wait until the letter reaches me & obviously it will not be reflecting the previous day balance!

Can you please throw light on this point? Why did ECO refuse to consider those 2 bank stmts while accepting the rest(even though all showed balance upto 30th april only).

Also, does ECO look for many transactions to be present in the bank account? Our UK accounts have tax debit & interest credit as the monthly transactions. Since we are in India now, no other transactions are present. Is this okay? Balance-wise its fine.

Really appreciate your response... Thanks a ton.
cheers, deepa.

[deepa_nebu]

hi again!

i found another topic asking similar qns to Kaushal. but i am still wondering why ECO didn't consider my stmt. because the time gap was 16 days?

cheers, deepa.

[push]

hi again!

i found another topic asking similar qns to Kaushal. but i am still wondering why ECO didn't consider my stmt. because the time gap was 16 days?

cheers, deepa.

That seems like the reason for rejection. Secondly, how do you know that ECO did not consider two of your accounts?

Can you post the operative part of the rejection letter?

Regarding the Admin review, I agree with what Sushdmehta has said. But if you want you can take a chance and send additional dox-see if you can bundle them up as expanatory/supporting evicence to the documents already submitted. I mean what is the harm in trying - all you would lose is 28 days, if thats fine with you.

Re. your accounts in UK, can not you ask one of your contacts in UK to pickup the statements/letter from the bank and courier it to you - takes three days from here??

[geriatrix]

We had applied for EC on May 16th. Had shown bank statements for Feb, Mar, Apr from 4 banks(stmts from 01-02-08 to 30-04-2008). But ECO has refused to consider the amount in 2 banks stating the reason as 'Statement shows funds upto 30/04/2008 and do not show recent balance in the account'. What did we miss? Are we expected to show statements upto the date of EC appln?

Yes. Read section C5.4 of the PBS guidanceavailable on the VFS website, which states " ...Personal bank or equivalent statements covering the 3 month period immediately preceding the application".

In our case, this is not possible as these 2 not considered accounts are in UK. Paper statements take time to reach india. Online stmts are fine but there is a new clause with Tier 1 now:
'In addition, the applicant will need to provide a supporting letter from their bank, on company headed paper, confirming the authenticity of the statements provided. '
So again i have to wait until the letter reaches me & obviously it will not be reflecting the previous day balance!

Unfortunately, if applying from India then you must follow the rules applicable in India. No way out.

I myself fail to understand BIA's reasoning behind these subtle differences between applications from India and applications from within UK. But the fact is, these subtle differences do exist and nothing can be done about it.

regards

[egghead]

Rules are rules ... meant to be followed.

But I find it sad to see that people applying from India do not enjoy the same concessions as being offered to the applicants from within UK. If applying from within UK, you are allowed to submit bank statements dated anytime within a month preceding the application and the 3 month rule is also waived off until 29-Jun. But no such thing for Indian applicants. Why ?? .. Don't they have the same practical issues ??

Sad ..

thanks for flagging up this interesting point.

can i just clarify again? If we are applying from within the UK, lets say application filed on 17 June 2008, the latest available bank statement is up and inclusive to 26th May 2008, this should not be a problem?

[CoolestGuyC]

But I find it sad to see that people applying from India do not enjoy the same concessions as being offered to the applicants from within UK. If applying from within UK, you are allowed to submit bank statements dated anytime within a month preceding the application and the 3 month rule is also waived off until 29-Jun. But no such thing for Indian applicants. Why ?? .. Don't they have the same practical issues ??

One possible explanation is that people applying in UK would have more to lose than people applying in India. That is refusing a FLR application would be more painful to person already in UK as compared to refusing a fresh application from India (only thing an applicant looses is 51K INR and BIA doesn't care )

[geriatrix]

can i just clarify again? If we are applying from within the UK, lets say application filed on 17 June 2008, the latest available bank statement is up and inclusive to 26th May 2008, this should not be a problem?

The answer lies in the guidance notes itself. Read *Transitional arrangements for maintenance (funds)* on page 27 (of 28 ) of the Tier 1 policy guidance.

regards

[deepa_nebu]

Hey push_hsmp & sushdmehta!

Thanks for the words both of you...

The operative part in the refusal letter was:
'Statement shows funds upto 30/04/2008 and do not show recent balance in the account'
This was the reason for both the 2 UK banks. Also, the UK bank sends stmts by 8th or 10th of the month, which is late for us(no facility to get it earlier).

Gonna reapply now with only INR balance.
cheers, deepa.

[fatimabanu]

Hi sushdmehta and others,

I submitted my admin review form on the 9th of June through email. Does anyone know a way of checking whether they have received the application and considering or not. How long should I wait?

[geriatrix]

Unfortunately, there's nothing more you can do - but to wait to hear from them. They claim to respond within 28 days, but my guess is as good as yours.

regards

Hi sushdmehta and others,

I submitted my admin review form on the 9th of June through email. Does anyone know a way of checking whether they have received the application and considering or not. How long should I wait?

[fatimabanu]

Thanks for the prompt reply. If they ask me to send my documents do you know the time limit to send them. Do i need to send them immediately?

[geriatrix]

You are jumping the gun and worrying unnecessarily. Relax ...

If they need the documents immediately, the communication from their end will say so. If they want it in a stipulated time period, that too will be mentioned. If they leave it to your discretion, I guess the communication will say so.

Relax

regards

Thanks for the prompt reply. If they ask me to send my documents do you know the time limit to send them. Do i need to send them immediately?

[globallylocal]

For all those think FD is not accepted pls read the response from BHC below :

A fixed deposit is only acceptable if it is accompanied by a current and original letter from the issuing bank stating that these funds have been held by you for longer than three months, and that they can be immediately encashed at a stated value . You must show the equivalent of £2800.


Visa Services
UK Border Agency
If you intend to reply to this e-mail, please ensure that you re-send all the information from your original enquiry.


I was refused EC on the basis of not having sufficient Maintenance, though i had shown a savings a/c of 1.8 lakhs and a FD of 4 laks. However the officer looked at my savings and overlooked my FD.

I applied for Admin after i got a confirmation from the BHC that FD is accepted and was successful.

So Please GO ahead and give the FD if u have one.... and be careful in the wordings of the LETTER.

Cheerz,
Iranoff