Dear All,
My wife’s EC was rejected and she is looking to appeal the decision (not Tier 1, old rules). I must say the case was badly dealt with, vaf2 form was returned along with correspondence with the BHC and the Home Office!. Also returned was her original HSMP approval letter, signed copies of documents made by ECO. Clearly a case of no attention to detail. Currently she is my dependant in the UK and returned home to switch. Reasons give for refusal by ECO were
1. Queried why she returned home to switch her status to HSMP and why this was not done in the UK.
- Clearly there are no provision for dependants to switch status in the UK.
2. She failed to supply satisfactory evidence of accommodation in the UK, and he could not see any rental payments in the bank statements sent for EC.
- We have lived at this address in the UK for 18 months and all bank statements, pay slips, and correspondence is at this address. The bank statements have monthly debits which show 'rent' as reference!.
3. Her HSBC current account bank balance has been low in the last few months (average 1400 gbp). No current letter from employer stating she is returning back to work, not sure if she will be returning back to work.
- She has been on maternity leave for the past 4 months and only receives her monthly SMP payments. She submitted her savings account (including mine) which showed a balance of about 5000gbp for the last 6 months. It looks like the ECO did not review it as he made no mention of it!. She submitted a letter from her employer (4 months old), her statements show her monthly SMP payments which is an obligation for only current employees.
Would you suggest she appeals or send a fresh application. Any contributions much appreciated.
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