Tier1 Wife Dependant Visa Rejected & later Approved

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Mon Apr 27, 2009 3:29 pm

Dear Friends,

i faced one of the awkward situation today with my wife visa getting refused.

ECO has refused her visa considering 1 month bank statement which i had sent circling the salary credit from my company and 6 month payslips.

I had sent flex saver bank accounts for 3 months 18th Dec 2008 to 27th March 2009.

they have rejected telling no funds for 3 months.

I and wife had written in respective covering letter telling to consider the claim period. where more that 1600 Â£ have been mantained, although i had to mantain only 500Â£ as im in uk more than 2 years,,

Also wife had mentioned in Vaf 10 form that to consider the period 18th Dec 2008 to 27th March 2009 where more that 1600 Â£ funds have been mantained by my husband

Can you please tell me how can i appeal.?

this clearly shows how the chennai people process, all they tell they have read everything, a school kid will understand which statement to consider giving the period and dates.

Please some one help how to appeal

Post by **ChetanOjha** » Mon Apr 27, 2009 3:39 pm

Do you mean, in your cover letter you have claimed that you maintained required maintenance funds in Bank but not actually maintained it? Minimum amount for One dependent is Â£533 and not Â£500. Have you successfully maintained the required amount for three months(said period).

Tier1Visa_2008_Tier1Visa wrote: I and wife had written in respective covering letter telling to consider the claim period. where more that 1600 Â£ have been mantained, although i had to mantain only 500Â£ as im in uk more than 2 years,,

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Mon Apr 27, 2009 3:44 pm

i had clearly mantianed more than 1600 Â£ in my flex saver bank account for Dec 2008 - March 2009

Feb2009- March 2009 i had attached with my payslips to show my salary credit for march month

ECO has considered Feb2009- March 2009 for mantinence funds which is wrong and has rejected.

We had clearly mentioned in VAF 10 form to consider Dec 2008 - March 2009 statements where more than 1600 Â£ must be mantained.

Please tell me how should we appeal? should i go directly to chennai with my wife? im visiting india next week...

Post by **ChetanOjha** » Mon Apr 27, 2009 4:16 pm

Sorry to hear that. I hope you have mentioned in your cover letter that Bank statement has to be used for maintenace funds. It should be obvious for case worker, but unfortunately its Chennai BHC. They rejects visas just for the sake of rejecting it.

You can appeal against it and your chances of winning appeal looks bright from what you mentioned in the thread. But given from the people's experience of Chennia BHC, i would advice you to reapply as appeal will take forever. In worst cases, it could be over 3 months.

Tier1Visa_2008_Tier1Visa wrote:i had clearly mantianed more than 1600 Â£ in my flex saver bank account for Dec 2008 - March 2009

Feb2009- March 2009 i had attached with my payslips to show my salary credit for march month

ECO has considered Feb2009- March 2009 for mantinence funds which is wrong and has rejected.

We had clearly mentioned in VAF 10 form to consider Dec 2008 - March 2009 statements where more than 1600 Â£ must be mantained.

Please tell me how should we appeal? should i go directly to chennai with my wife? im visiting india next week...

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Mon Apr 27, 2009 4:21 pm

is there no other way other than re- applying just cant give these chennai BHC 51500 visa fees as donation..

Can a lawyer be used? any other way which can speed up the appeal process?

Post by **ChetanOjha** » Mon Apr 27, 2009 4:30 pm

I didn't meant that you should not appeal. You can use lawyer to appeal against the decision. I am not sure about any other way to speed up the process. But you are right 51k is way too high amount. Chennai BHC has made this a business. They reject genuine applicationa in first place and then approve the same application(with same set of documents).

May be you can use lawyer and write a strong letter to BHC for the same.
I had similar situation where my brother's EC was turned down by Chennai BHC just because gender was not mentioned on the passport(which is ridiculous and also not in our control. It is mistake from Indian passport office). We had to threaten BHC of strong legal action as this was not ground of rejection. After letter reach chennai BHC, my brother received phone call from BHC asking him to send the passport. It was then stamped in a 3 working days.

You can see some lawyer for the same But one thing is for sure that appeal will take time.

Also wait for other senior forumites to reply. Hope their experience is different from me.

Tier1Visa_2008_Tier1Visa wrote:is there no other way other than re- applying just cant give these chennai BHC 51500 visa fees as donation..

Can a lawyer be used? any other way which can speed up the appeal process?

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Mon Apr 27, 2009 4:38 pm

thx chetan,

Senior Members
please help as well

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Mon Apr 27, 2009 7:12 pm

hi Chetan,

Do you know if i can bring my wife on a visitor visa over here and change her status to Tier1 Dependant from here?

thanks

Post by **ChetanOjha** » Mon Apr 27, 2009 7:40 pm

I don't know if you can do it. Even if you can,It will be more hassle to you.

Tier1Visa_2008_Tier1Visa wrote:hi Chetan,

Do you know if i can bring my wife on a visitor visa over here and change her status to Tier1 Dependant from here?

thanks

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Mon Apr 27, 2009 7:53 pm

chetan,

can you please tell me whom your brother had written to in Chennai or called ? or mailed?

it would be helpful..

Post by **ChetanOjha** » Mon Apr 27, 2009 7:58 pm

Don;t think he remember the name of the agent. It was end of 2007.

Tier1Visa_2008_Tier1Visa wrote:chetan,

can you please tell me whom your brother had written to in Chennai or called ? or mailed?

it would be helpful..

Post by **push** » Mon Apr 27, 2009 10:29 pm

Tier1Visa_2008_Tier1Visa wrote:hi Chetan,

Do you know if i can bring my wife on a visitor visa over here and change her status to Tier1 Dependant from here?

thanks

No you cant.

m_kamran · Post by **m_kamran** » Tue Apr 28, 2009 12:01 am

I think that you saver account can not be used for maintenance fund. Most of saving account holder visa has been refused before.

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Tue Apr 28, 2009 10:16 am

funds can be shown in any account current or saver account of same bank..
the funds are moved from current to saver and the statements clearly show that.

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Tue May 19, 2009 9:32 am

Hello Guys,

Today my wife received a call from chennai bdhc.. and they have asked her to send husband bank statements by fax.. after we complained that ECO has not checked the savings account statements which were submitted for mantainence funds. and has checked 1 month bank statement which was submitted to show proof of salary credit.
we have sent the part8 vaf10, letter from hsbc confirming funds and statements by fax

Can any one tell if they will rectify there problem and stamp her passport with tier1 dependant visa?

Any people who have experience same things?

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Tue May 19, 2009 10:27 am

can someone please tell if any of you have sent the docs by fax and they rectified there problem and have granted the visa.??

or else if you have heard from any one such cases can you please tell me?

Raji_karmlaw · Post by **Raji_karmlaw** » Tue May 19, 2009 10:27 am

Hi,
they will definitely rectify the lapse, and issue the visa if u had submitted everything as per their guidelines

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Tue May 19, 2009 10:31 am

thanks Raji_karmlaw,

they had rejected here tier1 dependant visa mentioning that there are no 3 mnths bank statements and funds, they never checked letter from HSBC confirming funds and 3 months hsbc flexible saver bank account statements and Vaf10 part8 section where wife had written where to check mantainence funds, ECO had checked 1 month hsbc current account bank statement which was submitted to show proof of salary credit and had rejected telling no funds for 3 months.

Hope they stamp her passport and we get a fair deal for the rules we abided and submitted the documents properly.

Raji_karmlaw · Post by **Raji_karmlaw** » Tue May 19, 2009 10:34 am

Hi,
Lets hope for the best and keep us posted.

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Tue May 19, 2009 2:37 pm

Hi Raji_karmlaw / other's,

do you have any idea how much time they usually take in this type of case?

desired.value · Post by **desired.value** » Wed May 20, 2009 12:41 pm

Hi Tier1Visa_2008_Tier1Visa

How much maintenance do we need to show ? Is it just 1600 GBP or 800 (self) + 1600 (for each dependent) ?

Please clarify.

Regards
Desired.value

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Wed May 20, 2009 4:01 pm

If you are in UK for more than 1 year
you need to show 533 Â£ for your dependant.

or else 1600 Â£ ( no funds required to be shown for you incase if you already got a Tier1 Visa)

desired.value · Post by **desired.value** » Thu May 21, 2009 1:00 am

Thanks for the information...

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Fri May 22, 2009 12:31 pm

Guys At Last.... a big relief............

Wife Passport Stamped with Tier1 Dependant Visa.. at least she can travel now to join me in london

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Tier1 Wife Dependant Visa Rejected & later Approved

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