Administrative Review chances of success....Help pls

[ukvisa2009]

Dear members,

This is Suresh from bangalore holding a bachelor's degree in engineering.
I had applied for Tier 1 general UK visa on 26th march 2009 and got a refusal note from the BHC chennai on 24th April 2009.

I was awarded all the points of claim except the maintenance funds.
I had taken the statement from the canara bank ,bangalore. They gave me a statement printed on A4 plain paper (internet since they donot have direct access to the DB) and well attested it with the bank seal and sign of the official. They confirmed me that this would do as they had given the same to others in the past.

I thought I was in complaince with UKBA guidelines, as the statement had the bank logo,cutomer name , details, accout number, type , date of statement etc... as of before 30th March 2009.

But the ECO of BHC chennai Mr.Stewart wrote in his refusal letter that I had produced an internet download with no letter from the bank. Hence no points awarded.

Now please let me know the chances of my admin review success. This is my last chance to get visa to UK as I do not hold a master's degree.

Incase if any rules are changed , will the BHC consider the new rules or apply the guidelines as of 30 march 2009 ?

Your inputs and suggestion are of great importance to me .

Thanks & Regards,
Suresh.

[ChetanOjha]

Hi Suresh,

Sorry to hear your rejection. I revisited the guiadance notes which states

If the applicant wishes to submit electronic bank statements from an online account these must contain all of the details listed above. In addition, the applicant will need to provide a supporting letter from his/her bank, on company headed paper, confirming the authenticity of the statements provided. Alternatively an electronic bank statement bearing the official stamp of the bank in question will be accepted. This stamp should appear on every page of the statement.

I would inferred that you have to provide letter from bank to prove the maintenace funds and only statement will not suffice.

Now, since you have asked your bank to issue the statement and "bank" has provided you those statement, I would consider it as official. Case worker might not be aware of that. In my opinion, you can very well argue the fact that statement was provided by bank. To support your claim, you can also include a letter from bank saying those statement are official document produced "by" bank for you and are not internet copy produced by "you". Although they were electronic prints but it shouldn't be considered as electronic copy as thats what bank has provided you.Bank is obviously not going to install new computer system just because BHC want to see statements in particular format.

Thats what I think. Wait for other members reply as well.

[ukvisa2009]

Hello Chetan,

Thanks for your reply. Your cluase itself states

"If the applicant wishes to submit electronic bank statements from an online account these must contain all of the details listed above. In addition, the applicant will need to provide a supporting letter from his/her bank, on company headed paper, confirming the authenticity of the statements provided. Alternatively an electronic bank statement bearing the official stamp of the bank in question will be accepted. This stamp should appear on every page of the statement"

So I feel it should've been considered based on the above clause. Anyways I should 've given a bank letter , but the officer strictlydenied to do so and convinced me that they had given the same copies to many earlier.

To my fate it was rejected by the ECO.

And now the main query.....I am an applicant outside Uk. So If I wish to go for an admin review I should not be sending any additional dox (Bank letters) as per the guidenlines.

Can you please comment on this>

Thanks & Regards,
Suresh.

[push]

Hello Chetan,

Thanks for your reply. Your cluase itself states

"If the applicant wishes to submit electronic bank statements from an online account these must contain all of the details listed above. In addition, the applicant will need to provide a supporting letter from his/her bank, on company headed paper, confirming the authenticity of the statements provided. Alternatively an electronic bank statement bearing the official stamp of the bank in question will be accepted. This stamp should appear on every page of the statement"

So I feel it should've been considered based on the above clause. Anyways I should 've given a bank letter , but the officer strictlydenied to do so and convinced me that they had given the same copies to many earlier.

You have strong chances of getting a favourable decision if you apply for Admin Review. The evidence you provided was in line with the Guidance.

[ukvisa2009]

Hello Push,

Thanks a lot for your reply. This has boosted confidence in me.

Could you please let me know time lines of admin review ?
Though it is mentioned as 28 working days in the guidelines, I've heard that it would take close to 3 months. Is it true?

Your inputs and guidence is of great importance to me.

Thanks & Regards,
Suresh.

[push]

Hello Push,

Thanks a lot for your reply. This has boosted confidence in me.

Could you please let me know time lines of admin review ?
Though it is mentioned as 28 working days in the guidelines, I've heard that it would take close to 3 months. Is it true?

Your inputs and guidence is of great importance to me.

Thanks & Regards,
Suresh.

Anywhere between 6 to 16 or more weeks. Varies from case to case

[seamanbuk]

Hi Suresh,

Sorry to hear your rejection. I revisited the guiadance notes which states

If the applicant wishes to submit electronic bank statements from an online account these must contain all of the details listed above. In addition, the applicant will need to provide a supporting letter from his/her bank, on company headed paper, confirming the authenticity of the statements provided. Alternatively an electronic bank statement bearing the official stamp of the bank in question will be accepted. This stamp should appear on every page of the statement.

I would inferred that you have to provide letter from bank to prove the maintenace funds and only statement will not suffice.

Now, since you have asked your bank to issue the statement and "bank" has provided you those statement, I would consider it as official. Case worker might not be aware of that. In my opinion, you can very well argue the fact that statement was provided by bank. To support your claim, you can also include a letter from bank saying those statement are official document produced "by" bank for you and are not internet copy produced by "you". Although they were electronic prints but it shouldn't be considered as electronic copy as thats what bank has provided you.Bank is obviously not going to install new computer system just because BHC want to see statements in particular format.

Thats what I think. Wait for other members reply as well.

what I think is stamp on every page is the key, just a cover letter but no stamp on the statament page will be considered as an internet copy as well. Appeal it, show HO you got it what they requested at the time you apply, make sure every page stamped as just the way HO want to see, you will get it, I'm in the same shit, I will fight for it, will let you know, Good luck, and God Bless you.

[drjabberwocky23]

I disagree with the ECO's decision on this matter also (IMHO). The guidance does allow for signed and stamped bank statements as sufficient evidence, and I would hope that this was just an oversight on their part. I think that you should have a good chance of success with an administrative review.

[ukvisa2009]

Hello drjabberwocky23,

Thanks a lot for your reply. I have the statement stamped and signed by the bank official. I 've applied for the Admin review and waiting for the response crossing my fingures for positve outcome.

I heartfully thank everyone for their opinions here especially drjabberwocky23,push_hsmp ,all the other senior members and the participants of the discussion as well.

I will post the updates , please follow up my case and your inputs / responses are of great importance to me .

Regards,
Bharath.

[Sudheer26]

Hi Suresh,

This is sudheer from Bangalore.Even my EC rejected based on the same reason .I have submitted my bank statements from Deutsche bank for both Previous earnings and maintanance..ECO didnt award any points for the same.I too hold a bachelor degree and hence cant re apply..I can only appeal now.

COuld you please share ur contact number or email , so that i can talk to you ..i have to send request for admin review..

waiting for your response...

Thanks in advance..

[ukvisa2009]

Hello senior memebr,

For admin review of my case, Can i provide the BHC with additional dox like a letter from the bank stating that the dox already provided were genuine and other details bla bla bla....

I am aware that no additional documents should be sent across for AR.

But in this case will a letter from the bank along with the AR appendix forms suspend my process?

Please reply to the above query based on which I can proceed further.

Suresh

[ChetanOjha]

Yes i think you can provide additional document to prove that what have provided earlier were genuine.

Hello senior memebr,

For admin review of my case, Can i provide the BHC with additional dox like a letter from the bank stating that the dox already provided were genuine and other details bla bla bla....

I am aware that no additional documents should be sent across for AR.

But in this case will a letter from the bank along with the AR appendix forms suspend my process?

Please reply to the above query based on which I can proceed further.

Suresh

[push]

Hello senior memebr,

For admin review of my case, Can i provide the BHC with additional dox like a letter from the bank stating that the dox already provided were genuine and other details bla bla bla....

I am aware that no additional documents should be sent across for AR.

But in this case will a letter from the bank along with the AR appendix forms suspend my process?

Please reply to the above query based on which I can proceed further.

Suresh

Well BHC would say no BUT you should provide the said additional documents as these are not in true sense new evidence but an explanation or supporting documents to the evidence already provided.

[drjabberwocky23]

There's never any harm in trying to supply additional documentation. However, my view of the adminsitrative review/appeals process is that the decision made is reviewed on the basis of the information that was available to the ECO at the time. Strictly speaking, the extra information may not be considered for this reason. No harm in trying, though!