Entry clearance Rejected because of non maintenance of funds

[nishadhawn@rediffmail.com]

Hi all,

Problem
I applied for Entry clearance to UK from Delhi and i have got the following reply from the Visa Officer
" I have refused your visa application on this occasion becuase i am not satisfied on the balance of probabilities, that you meet all of the requirement of paragraph 245F of the immigration Rules.
Points awarded
HSMP -75
English language -10
Maintenance - 0

However in first application submitted to VFS Officer following was given as maintenace proofs:-
a) My bank 3 months statements - the bank gave the statements in plain paper with bank stamp + sign ( WHICH I think might have looked to them like a photocopied statement) however was dated only 1 day old from submission of EC application
b) Confirmation Letter from bank in Original bank letter headed paper stating that i have maintained 6000 gbp in last 3 mths including quarters , however this letter was around 20 days old (WHICH could also be a reason for rejection)
c) VFS helpline told me additionally I can also include Original FDs in name of self/wife/spouse (WHICH I think might have led to some confusion for BHC)

Next steps Taken Alongwith Admin review form, I just sent the updated Bank documents (Originals) to BHC as I did have required funds for last 3 months. I also received an acknowledgement letter from BHC. My bank account has cash.

Question
My Originals >> My Passport , MArriage certificate and my son's Birth Certificate, which was earlier returned to me by BHC is still with me
Will they call me for an interview and should I then give these docs to them?

Advise/help needed
People with similar case, can you pls tell me what next steps u took after ur visa application got rejected for non maintenance of funds. What all docs you have submitted and did u got any updates from BHC?

People with similar rejection cases please share updates/email for further quick discussion

Thanks

[CoolestGuyC]

1. I understand your anxiety, but using bold fonts will not help.
2. Explain clearly what was the cause of rejection.
3. Assuming that your application was rejected due to lack of maintenance funds, there is nothing anyone can do to help you.
4. Additional documents are not allowed to be submitted during Admin review.
5. You will get results of Admin review within 28 days. (which I think will not be positive as it looks from your first post).
6. Best step for you would be to start maintaining GBP 2800 in your account.
7. Other documents(passport,etc.) may not be needed by BHC as they have already awarded you 75 points for Attributes section.

[nishadhawn@rediffmail.com]

THanks for your update..

Sorry seems you misunderstood me

Not angry with anyone except BHC who refused even though my funds were maintained

Have you got the results after Admin review - wat stage r u in...pls tell ur updates..

Thanks

[rajesh9pl]

Long post, posted in bold letter and posted at three places.

You have not explained why do you think your EC shouldn't have been rejected?

Alternatively, let us know what evidene you had enclosed in application? What kind of source of fund was used? Was it cash in account, DMAT, Shares, PPF, FD etc.

None of us can help untill you address above two question.

Your reason of rejection is not clear then how other can understand if thier EC was rejected for similar reason.

[geriatrix]

Are you famililar with *netiquettes*? If not, high time to come up to speed!

Cluttering the board with duplicate posts is not going to offer any advantage or result in immediate responses. But yes, you'll definitely succeed in annoying a lot of forum members!

It is quite possible that your anger against the BHC is completely baseless! And that your EC was refused for a valid reason. But since you haven't bothered to explain what documents you submitted as evidence of maintenance funds with your EC application, it is difficult for anyone to offer specific suggestions / feedback other than what's already been said above.

regards

[nishadhawn@rediffmail.com]

Sorry I updated my original message and removed bolds

[ashgok]

Well guys, I think you need to help this guy rather than complaining. Also the language should be kept easy and not hard on anyone. He has been continuously been asking for help and all others are not giving him the right answer but telling him the rules and regulations whether the font should be in which size or format.

But ofcourse, if anyone is under stress then anyone would go out for help and not check on font sizes and format as they go unnoticeable. I have also observed that if one person is complaining the whole bandwagon gets in it to spoil and make things worse. Moderators please keep a check on this.

So go ahead forget everything else and help out.

Good Luck.

Sorry I updated my original message and removed bolds

[rajesh9pl]

Share is Care.

We will and will always help everyone based on our knowledge. But we can not help untill we know what was enclosed in original application and why does applicant think his/her application shouldn't have been rejected.

Based on the updated query, it appears S/he had sufficient funds and even then Case worker rejected his application. S/he also mentioned sending updated Banks statements. Well, if S/he had earlier supplied the original Bank Statements then S/he needs to re-send (which S/he has already done) those statements and get the Admin Reviewer's attention on over sight by initial case worker.

nishadhawn, if you had funds and had sent original bank statements then you do not need to worry. Your application should be through in AR. You need not to look for similar case as initial case worker commited error and it should be get corrected in AR.

Best wishes,
Rajesh.

[push]

nishadhawn@rediffmail.com,

Can you please let us know what evidence did you provide re the maintenance fund criteria and whether or not you maintained the minimum balance in your account throughout the 3 month period?

regards,

push_hsmp

[yinski]

hi push_hsmp,
i'm gathering my application together now so i know that it is a daunting process. please dont fret, you will get through it.

from what i know (from reading the guide) is that you need to supply bank statements that cover the 3 months prior to your application and it must show that you have maintained at least GBP2800 over the 3 months. the balance must not drop below GBP2800 at any time during the 3 months.

now if you do not have the original bank statements, you should have electronic ones printed from your internet banking service. get the bank to stamp these and also sign them. in addition you must have your bank write, sign and stamp a letter on official letterheaded paper stating the level of funds in the account and that they have been held in the account for at least 3 months.

your letter must not be older than 7 days when you submit your application.

if you are using multiple accounts, follow the same rules.

given that you have already submitted your application, i'm not sure if you can submit updated statements that may cover a period outside of your claim period to show that you have enough funds (that is given you didnt have enough when you applied) - this may not be your concern. i would be proactive and contact the relevent organisations to ask what you can do next. i'm sorry, i'm not providing much help. but good luck and hope your appeal is successful.

cheers.

[nishadhawn@rediffmail.com]

Thanks Rajesh

@push_hsmp >> I did maintained the funds 2800 gbp for past 3 months

Has anyone else submitted the AR papers? and got any updates from BHC?

[gordon]

Your initial post mentions submission of your marriage certificate and your son's birth certificate; is it possible that your EC rejection on maintenance-funds grounds might be related to not having maintained sufficient funds for the dependent visas, in addition to funds (min. 2800) for your own maintenance as the prime applicant ?
AG

I did maintained the funds 2800 gbp for past 3 months

My Originals >> My Passport , MArriage certificate and my son's Birth Certificate, which was earlier returned to me by BHC is still with me
Will they call me for an interview and should I then give these docs to them?

[CoolestGuyC]

nishadhawn@rediffmail.com,

Can you write the exact clause and reasoning due to which your application was rejected?

I am asking this because you have only written the following:

Problem
I applied for Entry clearance to UK from Delhi and i have got the following reply from the Visa Officer
" I have refused your visa application on this occasion becuase i am not satisfied on the balance of probabilities, that you meet all of the requirement of paragraph 245F of the immigration Rules.
Points awarded
HSMP -75
English language -10
Maintenance - 0

However, rejection letters don't usually have only this much text, Caseworkers give concrete and precise reasons why they have rejected the application.

So can you write the following:
1. Exact sub clause of Immigration rule 245F under which your application is rejected.
2. Exact reasoning given by caseworker when he rejected your application.

This will give us more insight as to why your application was rejected and we can remove guess work when we try to give suggestions.

[geriatrix]

Question
My Originals >> My Passport , MArriage certificate and my son's Birth Certificate, which was earlier returned to me by BHC is still with me
Will they call me for an interview and should I then give these docs to them?

Since some points aren't clear from your earlier posts, answers to the following questions will help understand your case.

1. Did you make an application for yourself + spouse + child? Or just for yourself?? If former, you need to provide evidence of 6000 pounds and if latter, then 2800 pounds.

2. In either case, did the min. balance in your acount remain above 2800 / 6000 pounds (depending on applications made) on *each* day during the 3 month period?

3. Were your bank statements issued within 7 days preceding your application?

regards
regards

[nishadhawn@rediffmail.com]

reply to sushdmehta's queries
1) & 2) YEs I made an application for self/wife/son and my bank balance is / for last 3 months was above 6000 gbp
3) Yes my bank statement was latest only 1 day old

Also while sending Admin review papers when I was giving papers packet to Security guard at BHC Delhi, they told me no need of giving ORignial PAssports. Alongwith it my Marriage certificate and my son's Birth certificate is also with me. Will BHC call me for next steps or what will happen next?

Please share experiences

Thanks

[nishadhawn@rediffmail.com]

@CoolestGuyC

So can you write the following:
1. Exact sub clause of Immigration rule 245F under which your application is rejected.
2. Exact reasoning given by caseworker when he rejected your application.

This will give us more insight as to why your application was rejected and we can remove guess work when we try to give suggestions.

Reason of rejection by BHC case worker
"You must demonstrate that you meet the requirements of appendix C of the Immigration Rules which state that you must demonstrate that you hold 2800 gbp and that you have held these for 3 months.
As evidence that you meet this requirement of the Immigration Rules you have submitted photocopied bank statements in your own name and photocopied bank statements in the name of a third party.
The published guidance specifies that only original documents can be accepted as evidence that you meet this requirement of the Immigration Rules."

[rajesh9pl]

I am asking last time, did you submit original bank statements initially?

New query based on latest post - are you account the holder of those bank statements?

[geriatrix]

As evidence that you meet this requirement of the Immigration Rules you have submitted photocopied bank statements in your own name and photocopied bank statements in the name of a third party.

I hope you are aware that you can only use those accounts where you are the sole account holder or a joint account holder with your spouse - as evidence of maintenance funds. So in your case where 3 applications were made (self+2 dependents) and if you used more than one bank account (as BHC claims), the following applies (in my personal opinion based on my understanding):-
a) you should have maintained a min. balance of at least 2800 pounds (for self) in an account where you are a sole account holder or a joint account holder with your spouse, and
b) you should have maintained 1600 pounds ( for your spouse) in an account which meets any of the following conditions - account where your spouse is sole account holder or account where you are sole account holder or joint account with both of you as account holders, and
c) you should have maintained 1600 pounds (for child) in an account where you are a sole account holder or a joint account holder with your spouse (It is important to note that your spouse (who is a dependent) cannot sponsor maintenance funds for another dependent (your child) - so you cannot use an account where spouse is the sole account holder as evidence of maintenance funds of the child).

If the above logic wasn't applied and evidence not submitted accordingly, I believe the ECO did not make an error as far as *use of multiple bank accounts* is concerned. So the question is, what logic did you apply & use??

Now, coming to the next claim of photocopies ! If this the case (I hope not), then again the ECO did not make a wrong decision. But if it is not so, then answers to the following questions are needed:
1. Were your bank statements you submitted original (like the way the bank normally send it to you by post)?
2. Were the bank statements online printouts of your account? If so, were these signed and stamped? Did you attach a letter from the bank (on bank's letterheaded paper confirming that you have maintained the minimum balance for 3 months?
3. If neither of the above, then what is it that you submitted? Was this document on bank's letterheaded paper / stamped and signed by bank? And what did this document state (in detail please)?

I think your answers to the questions above should be able to solve the mystery of your case for good.


regards

[nishadhawn@rediffmail.com]

@rajesh9pl

Answers
1) In first application given to VFS following was given as maintenace proofs
a) My bank 3 months statements - the bank gave the statements in plain paper with bank stamp+ sign ( WHICH I think might have looked to them like a photocopied statement) however was dated only 1 day old from submission of EC application
b) Confirmation Letter from bank in Original bank letter headed paper stating that i have maintained 6000 gbp in last 3 mths including quarters , however this letter was around 20 days old WHICH could also be a reason for rejection
c) VFS helpline told me additionally I can also include Original FDs in name of self/wife/spouse (WHICH I think might have led to some confusion for BHC)

2) Yes I am the main account holder of those bank accounts alongwith my wife in one account

[geriatrix]

the bank gave the statements in plain paper with bank stamp+ sign ( WHICH I think might have looked to them like a photocopied statement) however was dated only 1 day old from submission of EC application

The bank statements must contain all account details as prescribed in the policy guidance and must be presented in one of the following formats:
a) original (as the bank posts them to you), or
b) on the bank's letterheaded paper, or
c) bank's computer stationary which has the bank name & logo on it (in this case, you need to get the statements signed and stamped).
d) Electonic statements of online accounts are acceptable only when bank's name & logo gets printed on the statement. In addition, a letter from the bank (on letterheaded paper) is required to confirm authenticity of the electronic statements.

The policy guidance does not mention bank statements on plain paper (without bank's name & logo) as being acceptable documentary evidence(s).

• the financial institution’s name and logo;

is a mandatory requirement.

b) Confirmation Letter from bank in Original bank letter headed paper stating that i have maintained 6000 gbp in last 3 mths including quarters , however this letter was around 20 days old WHICH could also be a reason for rejection

The letter must be issued within 7 days preceding the application.

c) VFS helpline told me additionally I can also include Original FDs in name of self/wife/spouse (WHICH I think might have led to some confusion for BHC)

If BHC allows FDs as acceptable evidence of maintenance funds, then you need to provide a letter from the bank (on letterheaded paper) confirming that you have held the FDs for min. 3 months and that monies held (all or some, as the case may be) can be liquidated/encashed anytime. This letter also must be issued within 7 days preceding the application.

Hope this brings clarity regarding factors that contributed to the negative outcome.

regards

[rajesh9pl]

Thanks sushdmehta

[nishadhawn@rediffmail.com]

@sushdmehta

Thanks very much for your detailed updates -

On 10th Jul - I exactly have submitted the papers for Admin review to BHC as per the update you mentioned

However not sure if they will take their 28days or more time to process and update me

Also I have below Question
My following Originals >> My Passport , Marriage certificate and my son's Birth Certificate, which was earlier returned to me by BHC is still with me.
Will they call me for an interview and should I then give these docs to them or this time this will become a reason for rejection
Security guard at BHC told me not to give these docs

[geriatrix]

Clearly mentioned in the Tier 1 policy guidance

Applicants MUST NOT send any additional documents such as passport or supporting documents with the Administrative Review request notice. If the refusal is subsequently overturned, the applicant will be asked to send in their passport.

The applicant is not allowed to provide new evidence. Any new evidence will be disregarded unless the applicant was refused under paragraph 320 (7A) or 320 (7B) of the Immigration Rules on General Grounds for Refusal (see paragraph 12).

Will leave it to you to judge if there are any chances of the original decision being overturned. All the best!


regards

[nishadhawn@rediffmail.com]

@sushdmehta reply

Thanks for your updates

On 10th July I had submitted the following to BHC:
1) Filled in Administrative review request forms of self/wife/son with only reason for refusal of Maintenance field filled in
2) Along with above I also attached the updated papers for proof of Maintenance of funds :-
b) On the bank's letterheaded paper my current balance i.e. showing INR money which is required >6000 GBP, also the same letter contained last 2 quarters balances which also indicated above 6000 GBP
c) Last 3 months's statement On bank's computer stationary which has the bank name & logo on it signed and stamped

I hope above will be acceptable and not treated as any new docs
FYI: I had given above docs in original application also only difference was that point 2)c) was on plain paper instead of bank computer stationery

[geriatrix]

2) Along with above I also attached the updated papers for proof of Maintenance of funds :-
b) On the bank's letterheaded paper my current balance i.e. showing INR money which is required >6000 GBP, also the same letter contained last 2 quarters balances which also indicated above 6000 GBP
c) Last 3 months's statement On bank's computer stationary which has the bank name & logo on it signed and stamped

I hope above will be acceptable and not treated as any new docs
FYI: I had given above docs in original application also only difference was that point 2)c) was on plain paper instead of bank computer stationery

If this isn't new evidence, then what do you define it as? Updated evidence?? In that case, AFAIK *updated* evidence is also not accepted with administrative review. But for your sake I hope I am wrong!

Let us know when you get the result. 28 days will be over soon.

All the best.


regards