EC Rejected on a weird consideration - Pl advise.

[gm_uk]

Hi all,

I am a HSMP Approval holder applied for EC on 8th July.
I received the EC Refusal letter on 7th August.

Reason given was, "Didn't meet the requirement of maintenance of funds"

Below is the exact reason given for the same.
----------------------------------------------------------------------------------------------
1. Bank1 statement. Lowest balance maintained in line with the 3 month fund maintenance requirement, 5/7/08, Rs.5011.54. (UK equivalent 56pounds)
2. Bank2 statement. Lowest balance maintained in line with the 3 month fund maintenance requirement, 5/7/08, Rs.83736.72 (UK equivalent 985.14pounds)

As per the above statement information, since the minimum of 2800 pounds is not maintained for 3 months, the applicant is refused EC.

General Grounds for Refusal

NA
---------------------------------------------------------------------------------------------------------------------------------------

I had submitted bank statements for the period from 5/4/08 to 5/7/08.
Now the real issue is,
In the Bank1 statement, Two transaction were done on 5/4/08.
Following are the 2 lines in the statement.

Date------------Value Date-------Transaction--------CHQ.NO------------Debit--------Credit------------Balance

01/04/2008----01/04/2008------------B/F...------------ -- --------------------0.0-----------23,991.54------------23,991.54
05/04/2008----05/04/2008--------TO CLG------------89981------------18,980.0-----------0.0------------------5,011.54
05/04/2008----05/04/2008----012721000001----------- -- ---------------0.0---------154,896.29-----------159,907.83
05/04/2008----08/04/2008----BY CLG KCU---------61669--------------0.0--------------300.0--------------160,907.83
-----------------------------------------------------------------------------------------------------------------------
The EC officer has taken only the first transaction into consideration. But the thing is, i have deposited 1,54,000(UK Equivalent of 1881 pounds) in the second transaction.I had taken this amount into consideration for maintenance of funds while submitting the application.


Is this a overlook by the EC Officer? Can i apply for administrative review stating this point?

Kindly advise.
Thanks in advance,

gm_uk

note: I created a new topic hoping that it might get noticed by quite a few people and help me in getting feedback. Sorry, if this is not inline with the posting policy.

[CoolestGuyC]

Is this a overlook by the EC Officer? Can i apply for administrative review stating this point?

Note: I have changed this post after a second look.

Well I can think of one way in which you can try for a positive admin review.
But I am assuming the following:
Assumptions
1. You have maintained more than GBP 2800 since 06-04-2008. (The minimum combined balance in both accounts has not fallen below GBP 2800 in this period:06/04/2008 to 05/07/2008)
2. You have submitted bank statements with starting date not later than 06/04/08 and ending date not earlier than 05/07/08.

Now your argument should be like this: Tier 1 policy guidance notes says the following point:

79. All the periods we specify are calendar months (for example 14 January – 13 February).

And the 3 months period which is to be considered by ECO should be period A below.
A. Period: 06/04/2008 to 05/07/2008 (3 months)
B. Period: 05/04/2008 to 05/07/2008 (3 months and 1 day)
ECO has considered Period B in your application which is clearly wrong. So ask him to consider period A as per the rules.

Best of luck for the admin review!!

P.S. But you can succeed only if the assumptions which I have given are true, otherwise the chances of success are zero.

[antouk]

@CoolestGuyC,
jus curious,

is it not 6/4/08 to 5/7/08 completes the 3 months?

cant we argue that way?

[CoolestGuyC]

@CoolestGuyC,
jus curious,

is it not 6/4/08 to 5/7/08 completes the 3 months?

cant we argue that way?

Yes your understanding is correct, and after realizing my mistake, I have corrected my post above.

[gm_uk]

CoolestGuyC,

Thanks for a reply.

As per the statement, on 05/04/08, 1,54,000 has been deposited.
So, shouldn't all the transactions on that day be taken into consideration?

When we say a period of 05/04/08 to 05/07/08, does it start with the opening balance on 05/04/08 or closing balance on 05/04/08?

gm_uk

[gm_uk]

Is this a overlook by the EC Officer? Can i apply for administrative review stating this point?

Assumptions
1. You have maintained more than GBP 2800 since 06-04-2008. (The minimum combined balance in both accounts has not fallen below GBP 2800 in this period:06/04/2008 to 05/07/2008)
2. You have submitted bank statements with starting date not later than 06/04/08 and ending date not earlier than 05/07/08.

Best of luck for the admin review!!

P.S. But you can succeed only if the assumptions which I have given are true, otherwise the chances of success are zero.

1. Yes, i have maintained around 2861 pounds (taking 85Rs / pound) for the complete period.
2. Yes, i have submitted the statements with the starting date as 05/04/2008 to 05/07/2008.

[CoolestGuyC]

As per the statement, on 05/04/08, 1,54,000 has been deposited.
So, shouldn't all the transactions on that day be taken into consideration?

If you consider 05/04/2008 in your 3 month period, then your application will clearly fail because minimum balance on that date was ~ 5000 INR.

And it is the minimum balance on any day, they are concerned with.

When we say a period of 05/04/08 to 05/07/08, does it start with the opening balance on 05/04/08 or closing balance on 05/04/08?

When we say a period of 05/04/08 to 05/07/08, it means the minimum balance on each day of that period.

But as I said, period of 05/04/08 to 05/07/08, is 3 month and 1 day (as per BIA's definition) and hence case worker has clearly made an error.

[gm_uk]

CoolestGuyC,

Thanks for the clarification.

I will frame the EC reply and post it in this forum soon.

gm_uk

[CoolestGuyC]

There is one ceveat though. If ECO has considered the following period:

05/04/2008 to 04/07/2008

And the reason which they give for such consideration is following:
1. since statement end date was 05/07/2008 and hence it would only show the amount till midday (or time when you took the statement on that day for e.g in afternoon on 05/07/2008),
2. And for above reason, the last day in the 3 month period can only be taken as 04/07/2008
If above logic is taken the then also your application would fail.

But I guess above reason is also stupidity (which is surprisingly common at BHC) and against common sense. You should fight with the ECO in admin review to make him consider the following period:

06/04/2008 to 05/07/2008

[antouk]

@gm_uk

u can very well argue in admin review that ur 3 months period is from 6/4/08 to 5/7/08 as suggested by coolestguy.

btw. did u explain ur source of funds, as ur statements reflects huge credits?

[gm_uk]

CoolestGuyC

Ok. I think the wording of the reply is quite important. Will check it.

One more thing, if we look at Rs.5100 of Bank statement1, they have mentioned as 56pounds, which puts the exchange rate at Rs.89.
But the second line, takes the exchange rate as Rs.85. Infact, in the first page of Refusion letter also, they have mentioned exchange rate considered as Rs.85

Don't know why this discrepancy though?

antouk,
No, i didn't explain any reasoning regarding source of funds. Personally, i felt that it's not needed.

gm_uk

[CoolestGuyC]

One more thing, if we look at Rs.5100 of Bank statement1, they have mentioned as 56pounds, which puts the exchange rate at Rs.89.
But the second line, takes the exchange rate as Rs.85. Infact, in the first page of Refusion letter also, they have mentioned exchange rate considered as Rs.85
Don't know why this discrepancy though?

This is also an error on part of entry clearance officer, because he should take uniform exchange rate for whole period (exchange rate which is valid on last day of statement on onanda.com, which in your case is 05/07/2008).
So you apply exchange rate applicable on 05/07/2008, which is 85.60 INR/GBP and not 85 as you have calculated.

However, I dont think this fact would make any difference to your application, would it?

[gm_uk]

Hi,

Incase, if i want to apply fresh again, can i do that?
Because in the rejection letter, they have mentioned that the docs will not be returned till 28 days is over.

Actually i have maintained more than 2800 pounds for the last 4 months now. So if it's possible, i am fine with applying fresh again.

Please advise.

Thanks,
gm_uk

[gm_uk]

[quote="CoolestGuyC"
So you apply exchange rate applicable on 05/07/2008, which is 85.60 INR/GBP and not 85 as you have calculated.

However, I dont think this fact would make any difference to your application, would it?[/quote]

Yes. It doesn't make any difference for my application.

[gm_uk]

This is also an error on part of entry clearance officer, because he should take uniform exchange rate for whole period (exchange rate which is valid on last day of statement on onanda.com, which in your case is 05/07/2008).
So you apply exchange rate applicable on 05/07/2008, which is 85.60 INR/GBP and not 85 as you have calculated.

However, I dont think this fact would make any difference to your application, would it?

1. Should i mention this in admin review comments?
2. Infact, they have even made one more greater blunder. They have addressed me as "Mrs" when i have clearly mentioned as "Ms" in the application. It was quite disappointing to see such a carelessness.

gm_uk

[nishantchawla]

This is also an error on part of entry clearance officer, because he should take uniform exchange rate for whole period (exchange rate which is valid on last day of statement on onanda.com, which in your case is 05/07/2008).

Check the site http://www.oanda.com for currency convertor.

[sikander]

Did you submit the letter from the bank confirming the availability of the minimum available funds?

If yes, how did the bank gave that letter?

[gm_uk]

yes, i submitted.
but i didn't give any format to them.
The bank had its own format.

[sikander]

OK...
Did the letter issued to you by the bank states the minimum balance in your account between 05/04/2007 and 05/07/2007?

If the letter states that than you can make you case stronger.

This is very important as the ECO will not accept the letter if it only mentiones the account balace as on date.

[gm_uk]

Hi,

Yes, i had submitted letters for both the accounts. And both the letters do mention the amount that i have maintained as a minimum balance for 3 months.

Thanks,

[AkashS]

Hi,

Just a small curiosity. Is there any minimum amount which we should maintain during that 3 months period?

Will they see each and every line of the Bank statement and decide if at least that amount is there in the bank at any given date or will they calculate the whole amount and then divide by 90 days and see if that amount is maintained or not (latest amount should also be more than or equal to GBP 2800). Please suggest.


Regards,

Akash...

[AkashS]

Also, please go through these URLs. It is mentioned that the applicant should maintain at least 800 GBP during last 3 months at any given time. Does it mean GBP 800 minimum everyday or they consider minimum average/month or per quarter?

URLs are:

http://www.lawfirmuk.net/english/tier1.htm

http://www.workpermit.com/news/newslett ... 2008_03_05

[coolguyIndia]

Hello,

Refer to guidelines, it is clearly mentioned that maintenance funds (800 GBP for applicants from UK and 2800 GBP for applicants outside UK including India) lets call this amount as xyz should be maintained throughout the time of 3 months. To put it simply if you get time bound statement for 3 months for your account from bank then your opening balance whould be of the xyz and on should be available through out the period of 3 months. No division by 90 days or monthly or average. The required money has to be available on each and everyday of three months and it should not go down below xyz.

Hope it helps.

Regards

Also, please go through these URLs. It is mentioned that the applicant should maintain at least 800 GBP during last 3 months at any given time. Does it mean GBP 800 minimum everyday or they consider minimum average/month or per quarter?

URLs are:

http://www.lawfirmuk.net/english/tier1.htm

http://www.workpermit.com/news/newslett ... 2008_03_05

[geriatrix]

Also, please go through these URLs. It is mentioned that the applicant should maintain at least 800 GBP during last 3 months at any given time. Does it mean GBP 800 minimum everyday or they consider minimum average/month or per quarter?

URLs are:

http://www.lawfirmuk.net/english/tier1.htm

http://www.workpermit.com/news/newslett ... 2008_03_05

Rather than gathering information from external (and perhaps unreliable) sources, check the UKBA website for information and read the Tier 1 policy guidance *carefully*. The answer to your query, though explained above, is already available on the UKBA website (Maintenance (funds) - What documents must show) and also in the Tier 1 guidance (para 197).

regards

[gm_uk]

Hi all,
After much thought, i have convinced myself to go for an admin review with real optimism.
Thanks to cool_guy for providing me his letter.

I have come up with a draft version of the letter which i am planning to send to the admin review.

As mentioned by CoolestGuyC, i have tried only to highlight the 3 month period details.I have tried to be as precise and to the point as possible.

It would be of great help, if you could go through this letter and provide feedback.

Thanks in advance,
------------------------------------------------------------------------------------------------------------
Date – 25/08/2008

Name :
Date of Birth (dd/mm/yyyy) :
Post Reference :

Kindly note that this annexure is just an explanation for the Mistake in Maintenance Funds calculation; this is NOT an additional proof / evidence. This annexure is part of Admin review submitted by the candidate, details provided above.

Response to the Question - Maintenance: Why do you think a mistake was made?

Dear Sir / Madam,

I had submitted the Signed statement of my two Savings account(The Dhanalakshmi Bank and Axis Bank) for the period of 5th April,2008 to 5th July,2008.

ECO had considered the period of 3 months as (5th April,2008 - 5th July,2008). However as per the Point 79 mentioned in Tier1 Guidance notes,
"All the periods we specify are calendar months (for example 14 January – 13 February)."

Hence as per the above point, on consideration of the period of 3 months from 6th April,2008 to 5th July,2008, following are the minimum balances maintained in the Savings account.

1. Minimum balance maintained in The Dhanalakshmi Bank - Rs.1,59,907.83
2. Minimum balance maintained in Axis Bank - Rs. 83,736.72

Total Balance maintained for the period of 3 months - Rs.2,43,644.55

This is equivalent to the minimum balance of 2866.40 pounds (with the exchange rate considered as Rs.85 per pound as mentioned in the Refusal letter)

Kindly request the ECO to consider the 3 month period as mentioned above.

Thanks and Best Regards,
------------------------------------------------------------------------------------------------------------
I haven't highlighted about the transactions considered on 5th April.

"As per the Dhanalakshmi bank statement, on 5th April,2008, there were 2 transactions performed. One was a clearing of cheque for an amount Rs.18,980 and another was a deposit of Rs.1,54,896.29. Hence the amount maintained as balance on 5th April,2008 was Rs.1,59,907.83"