Tier 1 Extension Refusal

[A_H_]

My Tier 1 Extension application got refused based on allegedly insufficient maintenance funds. However, I provided all required evidence showing that I got more than enough funds for the required period. I guess the caseworker simply didn't notice the bank statements on my saving accounts and only considered those from my current account.
The problem is in the letter they say I have no rights to appeal. What can I do in this situation? I don't want to submit a fresh application and pay the fee again just for them to make another mistake and fail my application again. Your kind advice will be appreciated.

[MyHSMPApplication]

Hi A_H
Sorry to hear about your case.

Can you please post the exact wordings on the rejection letter?

Thanks
PG

[A_H_]

It just said there were insufficient funds during certain period.
I called them and they said I could send my application directly to the caseworker and hopefully they will reconsider it. Thank you.

[bitterweb]

I just can't understand why on earth no appeal is allowed if a rejection is only based on an alleged insufficient maintenance fund.

What if it's a mistake by the caseworker, either intentionally or not?

What if the applicant's visa already expired and thus has no chance to apply again?

This is pure injustice, we are nothing in their eyes. They just play with the future and welfare of us and all those who depend on us.

[A_H_]

Well, actually in the letter it says that I don't have the right to appeal because my visa has not expired yet. But I still think it is unfair, it will cost another £820 and time. Anyway, they were quite reassuring on the phone so I hope it will turn out well.

[bitterweb]

This is not the first time I came across a case on this site that the statements for maintenance fund seem to have been "overlooked" resulting in a rejection.

I just can't see how this could happen unless some caseworkers deliberately misinterpret the guideline on proof of maintenance fund and "endeavour" to refuse perfect cases.

Is your savings statement more recent than the current one?

[ashishashah]

I have seen my co-workers Tier 1 rejected for same reason..And he had every thing in order..he didnt have right to appeal and by the time he could reapply , Tier1 rule changed and is is not MBA

So what say now?

[A_H_]

No, the savings account statement is older than the current account statement, but it is within a month from the date of application, which is in accordance with the guidance (paragraph 204 page 35). Maybe because current account balance falls below £800 recently and there is no savings statement for that period, they did not accept it. I don't think it is a deliberate misinterpretation.

[bitterweb]

Maybe because current account balance falls below £800 recently and there is no savings statement for that period, they did not accept it. I don't think it is a deliberate misinterpretation.

If the savings account is provided as proof of maintenance fund, why should whatever happens on current account matter, even if it's more recent and has less than 800?

[sunny2004]

No, the savings account statement is older than the current account statement, but it is within a month from the date of application, which is in accordance with the guidance (paragraph 204 page 35). Maybe because current account balance falls below £800 recently and there is no savings statement for that period, they did not accept it. I don't think it is a deliberate misinterpretation.

As far as I know according to their Policy Guidlines, Case worker will consider Most Recent Bank Statments close to Application Date.

In your case Current a/c statement was the most recent one and that's the one Case worker taken into consideration.

In such case it is always advisable to mention in the Cover Letter what evidences are provided for particular scoring criteria.

[bitterweb]

This is what I'm afraid of since I don't remember if my savings statement was more recent or not. I'm still waiting for the result.

But is it just me? If there is such a guideline, it's completely insane and doesn't make any sense at all. The two types of statements are meant for different purposes. How can they just mix the two together and not clarify this in the guideline.

Since any 12 of past 15 months can be used to prove income, I would definitely have used the current account statement before my last one just to avoid any confusion. But how could I know anyone with a sound mind would interpret/deduce/apply a rule out of the application form/guideline like that?

And even if there were such a rule, why couldn't they ask for the latest savings account for further proof instead of rejecting the application altogether? It's pure injustice, again.

No, the savings account statement is older than the current account statement, but it is within a month from the date of application, which is in accordance with the guidance (paragraph 204 page 35). Maybe because current account balance falls below £800 recently and there is no savings statement for that period, they did not accept it. I don't think it is a deliberate misinterpretation.

As far as I know according to their Policy Guidlines, Case worker will consider Most Recent Bank Statments close to Application Date.

In your case Current a/c statement was the most recent one and that's the one Case worker taken into consideration.

In such case it is always advisable to mention in the Cover Letter what evidences are provided for particular scoring criteria.

[push]

As far as I know according to their Policy Guidlines, Case worker will consider Most Recent Bank Statments close to Application Date.

In your case Current a/c statement was the most recent one and that's the one Case worker taken into consideration.

Thats incorrect

[push]

This is what I'm afraid of since I don't remember if my savings statement was more recent or not. I'm still waiting for the result.

But is it just me? If there is such a guideline, it's completely insane and doesn't make any sense at all. The two types of statements are meant for different purposes. How can they just mix the two together and not clarify this in the guideline.

Since any 12 of past 15 months can be used to prove income, I would definitely have used the current account statement before my last one just to avoid any confusion. But how could I know anyone with a sound mind would interpret/deduce/apply a rule out of the application form/guideline like that?

And even if there were such a rule, why couldn't they ask for the latest savings account for further proof instead of rejecting the application altogether? It's pure injustice, again.

Some caseworkers seem to be rejecting applications based on incorrect interpretation of the rules. Hopefully you would not get a rejection but if thats the case you can alway complain (I know it is a long drawn process and adds to frustation).

[LankanFunkin]

Thats incorrect

Indeed it is incorrect...but I remember this same topic being discussed earlier on the forum as a result of a similar situation as this, where an applicant was rejected on grounds of insufficient funds despite having an ample balance in a savings account. Identically, that applicant's savings statement was older - but still within a calendar month of validity - than the current account. Maybe its a good tip to all those about to apply to make sure that the statement for maint. funds is more recent than their current account? Yes in theory is should not be necessary, but we are clearly not dealing with a perfect system to say the least!

[inputsOnHSMP]

If you tell the HO which statement to use for which purpose, there should not be any such issue.
As for your case, you might be able to ask them review your case once again because it was their mistake. But are both the bank statements listed on your document list? If yes, i think they will reconsider without new fees.

[ssoct98@hotmail.com]

You can send application to caseworker directly as they said on telephone.,i am sure they will grant visa this time.Send a letter with it explaining all,no doubt u get visa.

[A_H_]

I have decided to make a fresh application. I'd rather waste my money than time, I need this visa real soon, so don't want to take chances any more. This time I'll make sure to mention which statements are meant for proof of funds, and that they are as up to date as possible. Thanks for the suggestions.

[push]

I have decided to make a fresh application. I'd rather waste my money than time, I need this visa real soon, so don't want to take chances any more. This time I'll make sure to mention which statements are meant for proof of funds, and that they are as up to date as possible. Thanks for the suggestions.

Well its upto you to make the decision but I find your case particularly strong as you have been asked to forward your application to the case worker directly!!

If you re-apply and application went to the same case worker or the one who has similar understanding of the rule, the result will be another rejection. Not only would you end up paying twice but you would have lost more time. But as I said, the decision is entirely yours.

[allgo]

well I have done the same thing.. applied just yesterday
my savings bank statments -14th May
Current a/c - 17th May - though for current account I have claimed till 30th April.

Your case is really scary. when they asked you to send ur application to case worker directly what did they mean? resend documents? or submit fresh set of documents without further fees?

[allgo]

also for maintainance funds- the savings statments that u had submitted , did it ever go below 800 pounds in last 3 months? in that case also there can b rejection... it isnt 800 pounds closing balance.. but at least 800 for 3 consecutive months. seniors correct me if i am wrong

[push]

also for maintainance funds- the savings statments that u had submitted , did it ever go below 800 pounds in last 3 months? in that case also there can b rejection... it isnt 800 pounds closing balance.. but at least 800 for 3 consecutive months. seniors correct me if i am wrong

Rejection can be in case when you fail to provide a statement which is more than 1 month old; does not show maintenance of required some over a period of 3 months consistently and the statement is not in the form as prescribed in the guidelines

[xpscapable]

also for maintainance funds- the savings statments that u had submitted , did it ever go below 800 pounds in last 3 months? in that case also there can b rejection... it isnt 800 pounds closing balance.. but at least 800 for 3 consecutive months. seniors correct me if i am wrong

I just had the same problem. Might follow _A_H lead do submit a new application although that's going to cost me another 820 but what can I do?

I need the visa on the first week of August and afraid can't waste any time for this.

[push]

also for maintainance funds- the savings statments that u had submitted , did it ever go below 800 pounds in last 3 months? in that case also there can b rejection... it isnt 800 pounds closing balance.. but at least 800 for 3 consecutive months. seniors correct me if i am wrong

I just had the same problem. Might follow _A_H lead do submit a new application although that's going to cost me another 820 but what can I do?

I need the visa on the first week of August and afraid can't waste any time for this.

Thats very unfortunate but I guess thats the only option left if you do not have time on your side. I think once you get an approval you should ask HO to refund fee on your first application.

[jahangir]

Hi A-H

You are right in deciding that you should apply again and pay 820. You can make a complaint against them but sometimes these things take forever and clearly you are in a hurry.

What I would suggest though is that you should write in your covering letter that you are making the applicationa again under protest and that although you are paying 820, you will filing a complaint simultaneously against the first refusal in which you also claim for refund of your fee.

In this way you will get your extention without any delay and very much hopefully you will get your 820 (even if belatedly).

[push]

Hi A-H

You are right in deciding that you should apply again and pay 820. You can make a complaint against them but sometimes these things take forever and clearly you are in a hurry.

What I would suggest though is that you should write in your covering letter that you are making the applicationa again under protest and that although you are paying 820, you will filing a complaint simultaneously against the first refusal in which you also claim for refund of your fee.

In this way you will get your extention without any delay and very much hopefully you will get your 820 (even if belatedly).

Agree