EC Refused- 2nd HSMP Application

[fidelis]

Dear friends,
I am a new member here.
I am a out country applicant. My HSMP application was approved on 5 February 05 for which I must apply for EC before 6 May 05. My EC was refused in BHC, chennai saying that regarding my bank statement, I have made large recent deposits and not consistent with the history of the account. I have appealed against the ECO's decision on 10 May 05, saying that the recent deposits came from my another bank account with a oversea bank, from which I had withdrawn and deposited in this submitted bank account. I have also attached the oversea bank accounts statement of account.
Can any one tell me please, how long is the process time for appeal.

However, I wish to make a fresh HSMP application to the home office while my appeal is in process. Can anyone help me by telling, whether I can put-in my first HSMP appln's ref. no. or not. Will it help me to get positive outcome of my 2nd hsmp appln? or will affect its success, as I was refused during EC.
I read some members wrote here, 2nd applications (whether it was approved or refused in the 1st appln) goes to a seperate queue in home office, which is slower than the one for fresh applications. Is this true?

Some one plz help me as I am preparation of the application and wish to lodge ASAP.

By the way, as an out of country applicant, where should I post my HSMP application this time. Plz help.

Regards,
Fidelis

[dhavaluk]

hi daer,

i am not sure but u can try appealing for EC, as you have already gopt HSMP Aproval. May the moderators can through light whether one can appeal for the redicision of EC, if the HSMP approval is more than 3 months old.

Another thing you can send your new application to the same Doncaster Address, i have also sent my paid review (second application) at the same address, it was recievd by them adn i have been acknowledged the Ref. No. as well.

[tomisa222]

Hi Fidelis,
If possible please let me know how much is the large recent deposit.

[fidelis]

Hi friend,
Thanks a lot for your quick response and ideas.
When I applied my first HSMP, I was employed in Hong Kong. But during my appln was in process, my contract was over and returned to my home country, India.
When I departed Hong Kong, I withdrew my funds (about 4000GBP)in my bank account in hong kong. Though I had an account with an indian bank, I was not maintaining a good history. I only had about Rs 10,000 for the last 1 year. Therefore, for EC purpose, I deposited the money that I had withdrew from the hong kong bank into the indian bank account.

With both the statements I applied for EC in India, but the EC was refused on the following grounds:

"The bank account that you have submitted in support of your EC appln does not have a consistent history of the account. There are large recent deposits. You have not satisfactorily explained why this is so and where these recent deposits have come from. Therefore, I refuse your appln."

I then submitted a second application explaining that the recent deposits came from my savings from my employment in hong kong; as I could not operate the hong kong account from india, i withdrew during my departure and deposited in my indian bank account. I had asked him to refer my hong kong bank account's statement, which has consistent account history since year 2003.

My second application was also refused saying that
I have submitted the same documents as I did in my first application. From a detailed document verification report, he was not satisfied that this is a genuine document.

I was shocked after receiving my second refusal. because, I submitted my explanation letter and hong kong bank account statement in addition.
And also the ECO has not explained which document is not genuine. I called the Visa Section and asked which document is being refered to and the staff replied that as an applicant, I should know which is not genuine. huh... To the best of my knowledge, all the documents that I had included were genuine.

Now I have applealed against the refusal decision. I have not appointed any legal representative as it is difficult to do while i am in india.
Dear friends, any idea, will there be a chance to succeed in appeal without a legal rep in the uk?
I read in the website that the process time for appeal is about 6 months which is very long. Is it so? And therefore, i wish to lodge my second HSMP appln now before hearing the appeal outcome. My worry is, if I mention my previous status and happenings during EC, will it affect my success of the second appln.
One more question, do I need to paste my photo in the HSMp appln. I am not sure as applied my earlier one thru representative.
Await hearing from you all soon.
Take care and God bless.

[fidelis]

Friends,
Will the home office accept the appln fee in bank draft payed in pounds?

Cheers.

[dokwal]

apply again after taking letter from hong kong banker , stating date of opening of a/c and closing , letter from past employer that u worked in hong kong

appeal is a very teadius procees

all the best

[bani]

Sorry to hear of your refusals, it sounds so unreasonable of the ECO. I agree with Dokwal. Appeal the EC decision a third time with a document from your HK bank (let them write a letter authenticating the bank statements that you submitted to the embassy) and your employer (verifying the salary deposits into your account and the date you left your job to return to India). Also, I would state that all documents being questioned are genuine and can be verified by contacting the banks (include their contact info). Good luck!

[Kayalami]

Fidelis,

I echo bani's comments. Even if you apply for fresh HSMP then EC will still be an issue unless your cash flow changes. I would suggest you submit with a new EC application (assuming HSMP approval still valid) documents pertaining to your Hong Kong employment to include offer letter with remuneration, contract with leaving benefits, payslips and tax details which can match credits into said bank account. ECO's rarely refuse on fraudelent basis without thorough checks to cover their backs i.e. they found something that has shifted the burden of proof to you.

[fidelis]

Dear friends,
Thank you so much for all your valuable ideas and tips.
as I said earlier, my time-line for EC appln is over. I only can appeal against the ECO's decision. I therefore, submitted my appeal to the Asylum and Immigration Tribunal on 21 May 2005. I have included all those documents that you have mentioned in your posts.
While this is in process, I wish to send a fresh HSMP appln to the Home Office for approval next week.
Kindly note that since April 05, my bank account in India has a consistent history of the account. By the time I receive my HSMP decision in 2 to 3 months time from now on, when I go for EC, my account will have 6 months statement with good account history. What do you feel friends?

Await for your replies.

[Kayalami]

1. Appellate authorities can only consider matters and hence find for you on the basis of info before the ECO on the relevant decision dates - no additional documentation can be considered that was not submitted in consideration or where not ready explicitly mentioned with a time frame for delivery.

2. A follow up HSMP application is a personal decision but is likely a good strategy given the improved processing times for currently submitted applications - a backlog has started up again on this 2nd Tier. If successful then EC application is to be made accordingly. Such will be approved subject to meeting the rules - you have been stung once with ECO's concerns over your funding sources so your revised strategy appropriate.

[fidelis]

Kayalami,
Many thanks again for your useful ideas.
I am applying for HSMP this week. Hope my appln shall be approved.
My question is
If my HSMP is approved, and when I go for EC, if my appeal for previous EC refusal will be still in process, will the ECO accept/grant EC?
I enquired with high comm in my country and they answered that there is no problem with that. If I fulfill the requirements for EC, they will grant EC, even if the appeal is in process at that time.

I want to know the process of my appeal against EC refusal. How should I find? Is there any email id/contact no to call and check the status?
Pleease reply.

[Kayalami]

1. The grant of a second EC (based on another HSMP approval) confers leave to enter and cancels out the appeal (subset of 1999 Immigration & Asylum Act). This is formalised upon your entry into the UK when said leave is acknowledged by an Immigration Officer's landing stamp.

2. Appeal length depends on its submission date - pre 1 April 2005 appeals sent by ECO to Home Office who then forward it to the Appellate authorities (within 10 days). Difficult to give a time line but I would state no earlier than 8 months. Post 1 April 2005 - ECO can send appeal direct to Appellate authorities. Should be listed for hearing circa 8 weeks from receipt date. Again depending on caseload hearing may be a few months from submission date.

3. Appellate authorities enquiries/contact - customer@dca.gsi.gov.uk

Hope that helps

[fidelis]

Thank you Kayalami, for your reply and advise.
Will keep in touch with all of you.
Pray for my success.
God bless.

[fidelis]

Dear friends,
During my HSMP application, I tried to get UK postal orders in my country (India), but to no avail, i am planning to send bank draft of GBP 315 made out of british pounds. Is this acceptable by the home office? As per home office's guidance in their website, they only accept cheques drawn on UK bank, postal order or credit card. But some people say that the home office accept bank draft payableto 'home office, work permits (UK)'.
I am confused of this.
Please advise.
Ms Kayalami, i expect your valuable reply. Take care.

[bani]

bank drafts in pounds sterling are usually drawn on a UK bank, even if you buy them overseas. so this should be ok.

Dear friends,
During my HSMP application, I tried to get UK postal orders in my country (India), but to no avail, i am planning to send bank draft of GBP 315 made out of british pounds. Is this acceptable by the home office? As per home office's guidance in their website, they only accept cheques drawn on UK bank, postal order or credit card. But some people say that the home office accept bank draft payableto 'home office, work permits (UK)'.
I am confused of this.
Please advise.
Ms Kayalami, i expect your valuable reply. Take care.

[dhavaluk]

i am planning to send bank draft of GBP 315 made out of british pounds. Is this acceptable by the home office? ..... the home office accept bank draft payableto 'home office, work permits (UK)'.

Yes dear, I can say it for sure that they accept DDs. Demand Drafts are nothign else but cheques only, which are already prepaid to the drawee bank.

I am from India only adn had sent my applciation fees (315 GBP) by DD drawn on SBI, London and it was accepted, i got my decision also last week. SO without worries, go aehad with a payment through DD.

All the ebst for your success,

[fidelis]

Thank you so much bani.

I am sending my hsmp application to the home office tomorrow.

Confused whether to mention of my previous approval and stuck in EC. Don know whether this will be an advantage or disadvantage while making a decision on m application.

Friends, please advise. All your advise will be very much appreciated.
God bless.