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Tier 1 Rejection – Guidance for Appeal

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Angel2007
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Posts: 2
Joined: Tue Mar 17, 2009 3:07 am

Tier 1 Rejection – Guidance for Appeal

Post by Angel2007 » Thu Apr 23, 2009 12:10 pm

Hi Guys,

I got my Tier 1 General application rejected today due to maintenance fund issue. I have shown a fixed deposit which my dad had maintained for 1 year. Its under his name but the financial institute had clearly given a letter stating that the nominee of the account is me and that I could withdraw it at any given time without any restrictions. Along with that a letter was submitted by my dad stating that the full control of the deposit is given to me. But ECO has stated that the deposit is not a joint one and rejected.

Pls. advice. Should I appeal? If so appreciate your guidance on the best approach.

Thanks,

ChetanOjha
Moderator
Posts: 2771
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Location: London
United Kingdom

Re: Tier 1 Rejection – Guidance for Appeal

Post by ChetanOjha » Thu Apr 23, 2009 2:11 pm

I think fixed deposit is not considered for maintenance funds reqt. Below is the text from the guidance notes.

Wait for the replies from other members.


The evidence of maintenance must be of cash funds in the bank (this includes savings accounts and current accounts even when notice must be given), loan or official financial or government sponsorship available to the applicant. Other accounts or financial instruments such as shares, bonds, pension funds etc, regardless of notice period, are not acceptable.
Angel2007 wrote:Hi Guys,

I got my Tier 1 General application rejected today due to maintenance fund issue. I have shown a fixed deposit which my dad had maintained for 1 year. Its under his name but the financial institute had clearly given a letter stating that the nominee of the account is me and that I could withdraw it at any given time without any restrictions. Along with that a letter was submitted by my dad stating that the full control of the deposit is given to me. But ECO has stated that the deposit is not a joint one and rejected.

Pls. advice. Should I appeal? If so appreciate your guidance on the best approach.

Thanks,

kams19
Junior Member
Posts: 60
Joined: Thu Aug 28, 2008 10:16 am

Re: Tier 1 Rejection – Guidance for Appeal

Post by kams19 » Thu Apr 23, 2009 2:15 pm

Fixed Deposits are very much acceptable. one of my friend had applied Tier-1 from India and she had shown FD of SBI and a letter from the manager specifically mentioning that the amount is withdrawable at any point of time. You just need to submit the FD account statement and the letter and not the FD reciept.

Cheers!
chetanojha wrote:I think fixed deposit is not considered for maintenance funds reqt. Below is the text from the guidance notes.

Wait for the replies from other members.


The evidence of maintenance must be of cash funds in the bank (this includes savings accounts and current accounts even when notice must be given), loan or official financial or government sponsorship available to the applicant. Other accounts or financial instruments such as shares, bonds, pension funds etc, regardless of notice period, are not acceptable.
Angel2007 wrote:Hi Guys,

I got my Tier 1 General application rejected today due to maintenance fund issue. I have shown a fixed deposit which my dad had maintained for 1 year. Its under his name but the financial institute had clearly given a letter stating that the nominee of the account is me and that I could withdraw it at any given time without any restrictions. Along with that a letter was submitted by my dad stating that the full control of the deposit is given to me. But ECO has stated that the deposit is not a joint one and rejected.

Pls. advice. Should I appeal? If so appreciate your guidance on the best approach.

Thanks,

gotcha
Member of Standing
Posts: 478
Joined: Wed Aug 08, 2007 6:34 am

Re: Tier 1 Rejection – Guidance for Appeal

Post by gotcha » Thu Apr 23, 2009 2:29 pm

chetanojha wrote:I think fixed deposit is not considered for
They are, as sited by other poster.
But, problems seems to be OP's situation.
Imagine, how can nominee have access to FD, as given in written by his bank. Nominees comes in to picture only in unfortunate circumstances. It must have confused ECO, so does me.

yasa
Diamond Member
Posts: 1033
Joined: Thu Jan 29, 2009 11:52 pm

Re: Tier 1 Rejection – Guidance for Appeal

Post by yasa » Fri Apr 24, 2009 8:35 am

Angel2007 wrote:Hi Guys,

I got my Tier 1 General application rejected today due to maintenance fund issue. I have shown a fixed deposit which my dad had maintained for 1 year. Its under his name but the financial institute had clearly given a letter stating that the nominee of the account is me and that I could withdraw it at any given time without any restrictions. Along with that a letter was submitted by my dad stating that the full control of the deposit is given to me. But ECO has stated that the deposit is not a joint one and rejected.

Pls. advice. Should I appeal? If so appreciate your guidance on the best approach.

Thanks,
I dont think there should be any problem in appeal. As long as u can withdraw money anytime its fine.

ChetanOjha
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Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London
United Kingdom

Re: Tier 1 Rejection – Guidance for Appeal

Post by ChetanOjha » Fri Apr 24, 2009 9:58 am

Thats what my impression is too. Consider an example, when a father make a will for his son. You can claim the will untill unfortunate cicumstances.

The same situation is here too. Angel is "nominee" of the FD and not the owner.
gotcha wrote:
chetanojha wrote:I think fixed deposit is not considered for
They are, as sited by other poster.
But, problems seems to be OP's situation.
Imagine, how can nominee have access to FD, as given in written by his bank. Nominees comes in to picture only in unfortunate circumstances. It must have confused ECO, so does me.

gotcha
Member of Standing
Posts: 478
Joined: Wed Aug 08, 2007 6:34 am

Re: Tier 1 Rejection – Guidance for Appeal

Post by gotcha » Fri Apr 24, 2009 10:16 am

yasa wrote:
I dont think there should be any problem in appeal. As long as u can withdraw money anytime its fine.
Guidance clearly states that FD should be in name of applicand or he/she must be joint holder of FD. How can nominee have access to funds ? Can you explain.

I don't think maintenance fund shown were according to guidance, sorry.

yasa
Diamond Member
Posts: 1033
Joined: Thu Jan 29, 2009 11:52 pm

Re: Tier 1 Rejection – Guidance for Appeal

Post by yasa » Sat Apr 25, 2009 2:04 pm

gotcha wrote:
yasa wrote:
I dont think there should be any problem in appeal. As long as u can withdraw money anytime its fine.
Guidance clearly states that FD should be in name of applicand or he/she must be joint holder of FD. How can nominee have access to funds ? Can you explain.

I don't think maintenance fund shown were according to guidance, sorry.
I dont have any idea about Fix deposit. But i was arguing about the letter given by bank showing full right to withdraw money at any time...
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Every cloud has silver lining
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gotcha
Member of Standing
Posts: 478
Joined: Wed Aug 08, 2007 6:34 am

Re: Tier 1 Rejection – Guidance for Appeal

Post by gotcha » Sun Apr 26, 2009 8:16 am

yasa wrote:
gotcha wrote:
yasa wrote:
I dont think there should be any problem in appeal. As long as u can withdraw money anytime its fine.
Guidance clearly states that FD should be in name of applicand or he/she must be joint holder of FD. How can nominee have access to funds ? Can you explain.

I don't think maintenance fund shown were according to guidance, sorry.
I dont have any idea about Fix deposit. But i was arguing about the letter given by bank showing full right to withdraw money at any time...
But validity of letter can be questioned, if it contradicts with principle. In principle, nominee can not access funds in presence of FD holder, joint holder.

yasa
Diamond Member
Posts: 1033
Joined: Thu Jan 29, 2009 11:52 pm

Re: Tier 1 Rejection – Guidance for Appeal

Post by yasa » Sun Apr 26, 2009 9:34 am

gotcha wrote:
yasa wrote:
gotcha wrote:
yasa wrote:
I dont think there should be any problem in appeal. As long as u can withdraw money anytime its fine.
Guidance clearly states that FD should be in name of applicand or he/she must be joint holder of FD. How can nominee have access to funds ? Can you explain.

I don't think maintenance fund shown were according to guidance, sorry.
I dont have any idea about Fix deposit. But i was arguing about the letter given by bank showing full right to withdraw money at any time...
But validity of letter can be questioned, if it contradicts with principle. In principle, nominee can not access funds in presence of FD holder, joint holder.
Thats cool...
Thanks
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Every cloud has silver lining
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push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Tier 1 Rejection – Guidance for Appeal

Post by push » Sun Apr 26, 2009 10:25 am

Angel2007 wrote:Hi Guys,

I got my Tier 1 General application rejected today due to maintenance fund issue. I have shown a fixed deposit which my dad had maintained for 1 year. Its under his name but the financial institute had clearly given a letter stating that the nominee of the account is me and that I could withdraw it at any given time without any restrictions. Along with that a letter was submitted by my dad stating that the full control of the deposit is given to me. But ECO has stated that the deposit is not a joint one and rejected.

Pls. advice. Should I appeal? If so appreciate your guidance on the best approach.

Thanks,
If your nomination is in the form of "either or survivor" then you have a case. Get your bank to confirm that and file for a review.
regards,
push
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