HSMP Dependant visa rejected

[pavank]

Hi,

I have been in UK for more than 1 year and recently i have applied for depedant visa for my wife from India.The documents related to financial and employment i have submitted are

1) Payslips
2) Bank statements
3) Contract agereement for work till sep'09
4) CA certification of my wages and dividends (I work on my own company)

Also i submitted
1) Marriage certificate
2) Rental agreement with flat photos

The visa was rejected for a reason so weired i couldn't guess.

Since my personal banks statments had been overdrawn for last 3-4 months ,the visa officer thinks i cannot support her without recourse to public funds

I think thats not right.I had overdrafted facility agreed by my bank.And I had my wages and dividends paid into same account every week.I was merely using the facility to rotate funds for my business .

Before applying, I have written to vfs offices to get conformation in writing that i dont need to have maitainence funds in account since my wife visa should be processed under old hsmp rules.(She infact paid fee and submitted VAF2 form.)

I think I have a strong case of appeal .

Would any of seniors provide their suggesstions on this?
What is the current timelines for appeals from India?
Also I tried a lot outside this forum ,but how can i find a good solicitors to handle the appeal process from south india.

Any responses will be greatly appreciated.Thanks

[push]

If you are on HSMP (1 year in UK), what made you believe that you would not be required to show maintenance funds?

[pavank]

Old HSMP rules doesn't specify I need to have funds in bank.It does specify that i should show enough evidence that I can support.

Hence I submitted contract agreement for employment and bank statement showing wages and dividend payments.

As I have mentioned I have confirmed this with vfs as well.
This is what they mentioned

"Maintenance fund does not apply for HSMP dependent visa."

" As a guide, your dependants should include:
• evidence of their relationship to you;
• evidence that you can support them and live without needing any help from public funds, and
• A copy of the pages from your passport showing your permission to stay, if you are already in the UK.
• A copy of the valid HSMP approval and proof of employment in the UK.
• Evidence of arrangements for accommodation in the UK.
"

The funds rules is something very clearly laid in PBS system.

As i said its not something of case where i am over drawn and never paid.
I paid that back every month.

[push]

Old HSMP rules doesn't specify I need to have funds in bank.It does specify that i should show enough evidence that I can support.

Hence I submitted contract agreement for employment and bank statement showing wages and dividend payments.

As I have mentioned I have confirmed this with vfs as well.
This is what they mentioned

"Maintenance fund does not apply for HSMP dependent visa."

" As a guide, your dependants should include:
• evidence of their relationship to you;
• evidence that you can support them and live without needing any help from public funds, and
• A copy of the pages from your passport showing your permission to stay, if you are already in the UK.
• A copy of the valid HSMP approval and proof of employment in the UK.
• Evidence of arrangements for accommodation in the UK.
"

The funds rules is something very clearly laid in PBS system.

As i said its not something of case where i am over drawn and never paid.
I paid that back every month.

If you are on HSMP (under rules in place after 5th Dec 2006) then you have to extend your leave under Tier-1 and thus have to provide proof for maintenance. Am I missing something here?

[maheshnair]

Hi,

I have been in UK for more than 1 year and recently i have applied for depedant visa for my wife from India.The documents related to financial and employment i have submitted are

1) Payslips
2) Bank statements
3) Contract agereement for work till sep'09
4) CA certification of my wages and dividends (I work on my own company)

Also i submitted
1) Marriage certificate
2) Rental agreement with flat photos

The visa was rejected for a reason so weired i couldn't guess.

Since my personal banks statments had been overdrawn for last 3-4 months ,the visa officer thinks i cannot support her without recourse to public funds

I think thats not right.I had overdrafted facility agreed by my bank.And I had my wages and dividends paid into same account every week.I was merely using the facility to rotate funds for my business .

Before applying, I have written to vfs offices to get conformation in writing that i dont need to have maitainence funds in account since my wife visa should be processed under old hsmp rules.(She infact paid fee and submitted VAF2 form.)

I think I have a strong case of appeal .

Would any of seniors provide their suggesstions on this?
What is the current timelines for appeals from India?
Also I tried a lot outside this forum ,but how can i find a good solicitors to handle the appeal process from south india.

Any responses will be greatly appreciated.Thanks

Buddy ,

I think there is no more of HSMP , any new applications of dependents or ur extensions any will be considered as TIER1 and not HSMP ..

I feel that is the reason , your wife's rejected ...

I think if you needed your dependents also to be considered under Non-pbs system , you should have apllied for them before TIER1 came in ....

[web2005]

Hi,

I have been in UK for more than 1 year and recently i have applied for depedant visa for my wife from India.The documents related to financial and employment i have submitted are

1) Payslips
2) Bank statements
3) Contract agereement for work till sep'09
4) CA certification of my wages and dividends (I work on my own company)

Also i submitted
1) Marriage certificate
2) Rental agreement with flat photos

The visa was rejected for a reason so weired i couldn't guess.

Since my personal banks statments had been overdrawn for last 3-4 months ,the visa officer thinks i cannot support her without recourse to public funds

I think thats not right.I had overdrafted facility agreed by my bank.And I had my wages and dividends paid into same account every week.I was merely using the facility to rotate funds for my business .

Before applying, I have written to vfs offices to get conformation in writing that i dont need to have maitainence funds in account since my wife visa should be processed under old hsmp rules.(She infact paid fee and submitted VAF2 form.)

I think I have a strong case of appeal .

Would any of seniors provide their suggesstions on this?
What is the current timelines for appeals from India?
Also I tried a lot outside this forum ,but how can i find a good solicitors to handle the appeal process from south india.

Any responses will be greatly appreciated.Thanks

Buddy ,

I think there is no more of HSMP , any new applications of dependents or ur extensions any will be considered as TIER1 and not HSMP ..

I feel that is the reason , your wife's rejected ...

I think if you needed your dependents also to be considered under Non-pbs system , you should have apllied for them before TIER1 came in ....

I think the original poster is right here. Being in UK under HSMP old rules and got visa extended under the same, you dont have to prove maintenance funds. If I am on HSMP and never extended my visa under TIER 1 or PBS, how can my dependent apply for TEIR 1 dependent? Dependents gets the same status as main applicants.

[bani]

Although you didn't have to follow any maintenance funds requirement, you still have to convince the visa officer that you have funds to support a dependant. Being overdrawn on a regular basis just looks bad, it gives the impression that you have no savings and are just living from paycheck to paycheck (and that's without having someone else to support at the moment).

Maybe you need to show another bank account, savings, cash ISA, your company's perhaps, to show that you have the means to support your wife here.

I am covered by the HSMP JRs, so did my visa extensions on the old old rules, but I still had to show I had savings.

Good luck.

[pavank]

web2005 is right.My visa is not up for extension till dec'09 so didn't apply for tier1

bani you are right.thats exactly what has happend .

I did show my company finances and contract papers as means to support.unfortunately that was overlooked.
My question
" Is visa officer strictly right to take this point as ground of rejection." more importantly should i bother of challenging this via appeal.

Also one last question.I dont remember how my brain registered this point(i must have read here long time back)
"f i have to apply again for dependant,should my visa be valid more than 6 months?"

[push]

web2005 is right.My visa is not up for extension till dec'09 so didn't apply for tier1

bani you are right.thats exactly what has happend .

I did show my company finances and contract papers as means to support.unfortunately that was overlooked.
My question
" Is visa officer strictly right to take this point as ground of rejection." more importantly should i bother of challenging this via appeal.

Also one last question.I dont remember how my brain registered this point(i must have read here long time back)
"f i have to apply again for dependant,should my visa be valid more than 6 months?"

Can you please tell us when you applied and got your HSMP VISA?

[pavankeerthi]

I applied in Nov 2007.

I have recieved HSMP visa for 31st Dec 2007 to 31st Dec 2009.

my spouse applied for dependant visa with old HSMP fee (Rs.15600/-) and VAF2 form on 21st Apr 2009

[ckshekar14]

I applied in Nov 2007.

I have recieved HSMP visa for 31st Dec 2007 to 31st Dec 2009.

my spouse applied for dependant visa with old HSMP fee (Rs.15600/-) and VAF2 form on 21st Apr 2009

Hi Pavan

May I know what is the fee payed for the HSMP dependan visa in Rs. I am planing to apply for my wife and kid VISA in coming months. I was aware that the cost is same as as we have payed. can u pls confirm