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Could you please explain what type of refusals you consider as unfair?docright wrote:Are you one of the thousands of people like me, who have had their Tier 1 visa application refused on unfair grounds, the maintenance funds rule, or similar? If so, are you willing to be part of a media campaign to raise awareness of unfair and draconian guidelines and regulations for the points based system enforced by UKBA.
I am an overseas qualified dentist, currently working in the NHS, and continue to fight a legal battle with the UKBA against my Tier 1 refusal. With channel 4, we are looking for people in similar situation to tell their story and campaign against these BNP style regulations.
Interested, please get in touch. Confidentiality can be maintained by concealing identity on request.
Please email me at docright@gmail.com
Sure. For instance, in my case, they refused my Tie 1 application because my bank balance dipped below the £800 "limit" for a few days. I had given a valid reason. Because I had been regularly saving in the form of Premium Bonds with National Savings & Investments, which "is an executive agency of the chancellor of the Exchequer" and guarantees a 100% return of investment, for purchase of property, my balance naturally dipped down for a day or two due to the direct debts I had set up with NS & I. I provided evidence of being in possession of such bonds, which can be encashed on next day basis. Through this, I have saved up enough to now be able to put a 25% deposit for a 5 bedroom house I am in process of buying. Despite of all good evidence, UKBA argued that "bonds and other financial instruments are unacceptable forms of evidence of maintenance funds, as per tier 1 guidelines".chetanojha wrote:Could you please explain what type of refusals you consider as unfair?
i.The new-style Immigration Rules governing Tier 1 (Post Study Work) contain a Maintenance (Funds) requirement in mandatory terms that admit of no discretion and make no allowance for sickness or other mitigating circumstances.
My original application was accompanied with a covering letter, explaining the reasons for a fall of balance, along with copies of all bonds (£31,000), the fact that I had been saving to buy property, a copy of the home buyers report, a copy of letter confirming acceptance for offer for the property, another confirming offer for mortgage. Also letters from the NHS trust, confirming that I am likely to be made permanent staff...Sap_consultant wrote:I can understand his agony....
I can remember an immigration lawyer saying 'visa is a privilege and not a right'.
Atleast another 1000 refused applicants would get their visa's if this clause is overlooked. Moreover, the guidance says that the money in the account should never go below the threshold even for a day. For that matter, deposits in your name are also not accepted which is liquifiable cash with interest.
It is unfortunate that the applicant failed to be cautious on this.
With current economic conditions and the mood of Brit jobs for Brit workers I am doubtful, how far his campaign would get mileage, that too when the clause is clear.
Maybe an appeal with a covering letter and proof of bonds is worth a shot...
All the best....
docright wrote:My original application was accompanied with a covering letter, explaining the reasons for a fall of balance, along with copies of all bonds (£31,000), the fact that I had been saving to buy property, a copy of the home buyers report, a copy of letter confirming acceptance for offer for the property, another confirming offer for mortgage. Also letters from the NHS trust, confirming that I am likely to be made permanent staff...Sap_consultant wrote:I can understand his agony....
I can remember an immigration lawyer saying 'visa is a privilege and not a right'.
Atleast another 1000 refused applicants would get their visa's if this clause is overlooked. Moreover, the guidance says that the money in the account should never go below the threshold even for a day. For that matter, deposits in your name are also not accepted which is liquifiable cash with interest.
It is unfortunate that the applicant failed to be cautious on this.
With current economic conditions and the mood of Brit jobs for Brit workers I am doubtful, how far his campaign would get mileage, that too when the clause is clear.
Maybe an appeal with a covering letter and proof of bonds is worth a shot...
All the best....
Also, if there were enough skilled british people for british jobs, the HSMP or Tier 1 would not exist - for instance shortage of doctors and dentists in the NHS.
I'd also like to add that people doing a 9-5 (or 24 hour shifts in my case) would not be logging onto UKBA website daily to keep up to date with any changes enforced. The onus falls on UKBA to introduce changes fairly, and use guidelines exactly as the name implies.. "guide-lines" and not the law.
Also, I've seen numerous examples of "do not send extra documents unless requested by the case worker, it will only delay processing of application." I have yet to come across a single example where a case worker has actively asked for more documents instead of blindly throwing the application into a pile of "no".
nksg wrote:Doc,
I agree with your concern here and understand what you are going through. But you cannot blame HO for silly mistake of yours..
as some one already said 'visa is a privilege and not a right', its your responsibility to take care of all the documents and news related to your visa..
Apologies.. but i dont wanna be rude here.
The guidance notes clearly states that maintenance funds should never drop below £800 any any point in three months.. if i were you i would saved this money in a different account rather than using my current acocunt for the same.. u say u have a balance of 31K in the form of bonds i am sure you would not have faced this problem if you would have been careful and saved 30K towards the bonds and 1K for the maintenance funds..
In all these years i admit in this country every authority goes by the book.
Apologies again!!
All the best!
docright wrote:My original application was accompanied with a covering letter, explaining the reasons for a fall of balance, along with copies of all bonds (£31,000), the fact that I had been saving to buy property, a copy of the home buyers report, a copy of letter confirming acceptance for offer for the property, another confirming offer for mortgage. Also letters from the NHS trust, confirming that I am likely to be made permanent staff...Sap_consultant wrote:I can understand his agony....
I can remember an immigration lawyer saying 'visa is a privilege and not a right'.
Atleast another 1000 refused applicants would get their visa's if this clause is overlooked. Moreover, the guidance says that the money in the account should never go below the threshold even for a day. For that matter, deposits in your name are also not accepted which is liquifiable cash with interest.
It is unfortunate that the applicant failed to be cautious on this.
With current economic conditions and the mood of Brit jobs for Brit workers I am doubtful, how far his campaign would get mileage, that too when the clause is clear.
Maybe an appeal with a covering letter and proof of bonds is worth a shot...
All the best....
Also, if there were enough skilled british people for british jobs, the HSMP or Tier 1 would not exist - for instance shortage of doctors and dentists in the NHS.
I'd also like to add that people doing a 9-5 (or 24 hour shifts in my case) would not be logging onto UKBA website daily to keep up to date with any changes enforced. The onus falls on UKBA to introduce changes fairly, and use guidelines exactly as the name implies.. "guide-lines" and not the law.
Also, I've seen numerous examples of "do not send extra documents unless requested by the case worker, it will only delay processing of application." I have yet to come across a single example where a case worker has actively asked for more documents instead of blindly throwing the application into a pile of "no".
confusedhsmp wrote:nksg wrote:Doc,
I agree with your concern here and understand what you are going through. But you cannot blame HO for silly mistake of yours..
as some one already said 'visa is a privilege and not a right', its your responsibility to take care of all the documents and news related to your visa..
Apologies.. but i dont wanna be rude here.
The guidance notes clearly states that maintenance funds should never drop below £800 any any point in three months.. if i were you i would saved this money in a different account rather than using my current acocunt for the same.. u say u have a balance of 31K in the form of bonds i am sure you would not have faced this problem if you would have been careful and saved 30K towards the bonds and 1K for the maintenance funds..
In all these years i admit in this country every authority goes by the book.
Apologies again!!
All the best!
docright wrote:My original application was accompanied with a covering letter, explaining the reasons for a fall of balance, along with copies of all bonds (£31,000), the fact that I had been saving to buy property, a copy of the home buyers report, a copy of letter confirming acceptance for offer for the property, another confirming offer for mortgage. Also letters from the NHS trust, confirming that I am likely to be made permanent staff...Sap_consultant wrote:I can understand his agony....
I can remember an immigration lawyer saying 'visa is a privilege and not a right'.
Atleast another 1000 refused applicants would get their visa's if this clause is overlooked. Moreover, the guidance says that the money in the account should never go below the threshold even for a day. For that matter, deposits in your name are also not accepted which is liquifiable cash with interest.
It is unfortunate that the applicant failed to be cautious on this.
With current economic conditions and the mood of Brit jobs for Brit workers I am doubtful, how far his campaign would get mileage, that too when the clause is clear.
Maybe an appeal with a covering letter and proof of bonds is worth a shot...
All the best....
Also, if there were enough skilled british people for british jobs, the HSMP or Tier 1 would not exist - for instance shortage of doctors and dentists in the NHS.
I'd also like to add that people doing a 9-5 (or 24 hour shifts in my case) would not be logging onto UKBA website daily to keep up to date with any changes enforced. The onus falls on UKBA to introduce changes fairly, and use guidelines exactly as the name implies.. "guide-lines" and not the law.
Also, I've seen numerous examples of "do not send extra documents unless requested by the case worker, it will only delay processing of application." I have yet to come across a single example where a case worker has actively asked for more documents instead of blindly throwing the application into a pile of "no".
You are missing the point here. The retrospective changes is what
bothers many. not the rules. Are immigrants supposed to keep checking everyday for changes in HO policy? i mean how would have anyone known that the maintainance rules had changed, when they F'ing got their under different rules. there is no peace of mind. HO is using cheap tactics with immigrants here.
No i have not been affected by any rules and have enough maintainace funds always available. But i can see the point that is being made here.
Is the policy fair? is the question here. Nothing to do with Privilige or Right as you constantly quote. Let others make their point. If you can help,.... help.
I'll disagree here. As a stakeholder in PBS , I'll always keep my eyes,ear open for any immigration related news. So does majority of people here do.confusedhsmp wrote: Are immigrants supposed to keep checking everyday for changes in HO policy? i mean how would have anyone known that the maintainance rules had changed, when they F'ing got their under different rules. there is no peace of mind. HO is using cheap tactics with immigrants here.