Visa Refused Tier 4 and Tier 4 Dependant

[dineshanand750]

Hi All, I need help in filing Administrative Review.

Filed visa in Chandigarh, India. Application filed online on 5th October 2020.

I was refused Tier 4 visa and my husbands visa was also refuse. Reason for my refusal is

"Your CAS states that your course fees for the first year are £10,000 and you have paid the
full amount. The maintenance requirements for London are £11,385 for yourself. As you
have applied with your spouse, he is also required to demonstrate funds of £7,605. You
have submitted a single balance certificate to demonstrate your collective fund requirement.
You are required to demonstrate that these funds are available to you for a minimum of 28
days in your account or parent’s/legal guardian’s account.
I am not satisfied that you have shown these funds are available to you. You have submitted
a Punjab National Bank certificate for account number ending xxxx. This statement shows
that on 27/09/2020 it had a closing balance of INR 21,21,212 (£22,313 at £1 = INR 95 from
OANDA currency exchange on 16/10/2020). The minimum balance held during the 28 day
period was INR 12,20,000 (£12,833) on which is below the required amount."


Reason for my husband's refusal was generic that your main applicant's visa refused so we are refusing your application.

My concerns are as follows:

Firstly, I submitted bank certificate for account number ending xxx UKVI Compliant in my file stating minimum Balance was INR 12,20,000 for last 28 days.
In my husband's file he submitted his bank certificate for account number zzzzz which states minimum balance was INR 8,00,000 for last 28 days.

Is visa officer allowed to write this sentence "you have submitted a single balance certificate to demonstrate your collective fund requirement" ? I submitted my balance certificate in his file and my husband submitted his balance certificate in his file. Collectively we meet the funding.
Seems to me that visa officer did not even look at my husband's file and saw just one balance certificate in my file and took it as financial evidence for both of us.

Also, visa officer is mentioning OANDA Currency rate of 16/10/2020...date of refusal. Isn't he supposed to mention OANDA rate of date of online application filing i.e. 05/10/2020.

What should I do ?

Please help.

[Zerubbabel]

Hello

It's common for them to miss documents.

The last case I have seen, was eventually granted after an Admin Review.

Also, if the funds are not shown in British Pound (GBP), always add some extra to ensure the exchange rate doesn't move unfavourably and brings you under the minimum. Always add 10% or so to be on the safe side.

Here, Administrative Review is the way to go.

[rham]

Hi All, I need help in filing Administrative Review.

Filed visa in Chandigarh, India. Application filed online on 5th October 2020.

I was refused Tier 4 visa and my husbands visa was also refuse. Reason for my refusal is

"Your CAS states that your course fees for the first year are £10,000 and you have paid the
full amount. The maintenance requirements for London are £11,385 for yourself. As you
have applied with your spouse, he is also required to demonstrate funds of £7,605. You
have submitted a single balance certificate to demonstrate your collective fund requirement.
You are required to demonstrate that these funds are available to you for a minimum of 28
days in your account or parent’s/legal guardian’s account.
I am not satisfied that you have shown these funds are available to you. You have submitted
a Punjab National Bank certificate for account number ending xxxx. This statement shows
that on 27/09/2020 it had a closing balance of INR 21,21,212 (£22,313 at £1 = INR 95 from
OANDA currency exchange on 16/10/2020). The minimum balance held during the 28 day
period was INR 12,20,000 (£12,833) on which is below the required amount."


Reason for my husband's refusal was generic that your main applicant's visa refused so we are refusing your application.

My concerns are as follows:

Firstly, I submitted bank certificate for account number ending xxx UKVI Compliant in my file stating minimum Balance was INR 12,20,000 for last 28 days.
In my husband's file he submitted his bank certificate for account number zzzzz which states minimum balance was INR 8,00,000 for last 28 days.

Is visa officer allowed to write this sentence "you have submitted a single balance certificate to demonstrate your collective fund requirement" ? I submitted my balance certificate in his file and my husband submitted his balance certificate in his file. Collectively we meet the funding.
Seems to me that visa officer did not even look at my husband's file and saw just one balance certificate in my file and took it as financial evidence for both of us.

Also, visa officer is mentioning OANDA Currency rate of 16/10/2020...date of refusal. Isn't he supposed to mention OANDA rate of date of online application filing i.e. 05/10/2020.

What should I do ?

Please help.

The officer is right as according to the rules the main applicant must hold all the funds in his or her name or if you have some money in some else's account, you need to attach an affidavit that the other person gives you the permission to use the funds available in his account. Hope its was helpful.

[dineshanand750]

How is Visa Officer right in this case. I held more than 11385 gbp in my account and my husband held more than 7605 gbp in his bank account.
Is that not correct ?

[vinny]

If the ECO missed examining some submitted documents, then, in your AR, state that the ECO didn’t consider all the submitted documents.

[rham]

How is Visa Officer right in this case. I held more than 11385 gbp in my account and my husband held more than 7605 gbp in his bank account.
Is that not correct ?

Because you had to show all money in your account as you were the main applicant.

[vinny]

Because you had to show all money in your account as you were the main applicant.

That’s incorrect. There’s a choice.

Appendix E

(f) In all cases, the funds in question must be available to:
(i) the applicant, or
(ii) where they are applying as the partner of a Relevant Points Based System Migrant or Appendix W Worker, either to them or to that Relevant Points Based System Migrant or Appendix W Worker, or

Account holders

FIN 5.1. Accounts relied on must be in the name of the applicant (either alone or as a joint account holder), unless one of the following applies:
(a) the account is in the name of the applicant’s partner who is applying for entry clearance or permission to stay at the same time or has been granted permission; or

[rham]

Because you had to show all money in your account as you were the main applicant.

That’s incorrect. There’s a choice.

Appendix E

(f) In all cases, the funds in question must be available to:
(i) the applicant, or
(ii) where they are applying as the partner of a Relevant Points Based System Migrant or Appendix W Worker, either to them or to that Relevant Points Based System Migrant or Appendix W Worker, or

Account holders

FIN 5.1. Accounts relied on must be in the name of the applicant (either alone or as a joint account holder), unless one of the following applies:
(a) the account is in the name of the applicant’s partner who is applying for entry clearance or permission to stay at the same time or has been granted permission; or

Thanks for clarifying.

[dineshanand750]

Thank you so much guys for your help. Filed AR on 17th October 2020. Still awaiting on their response.
Will keep you updated. I hope they don't take more than 28 calendar days.