Appeal for tier 1 dependent visa - need advise

[nsv]

Hi,
My wife's application for tier 1 dependent visa has been refused on the grounds that there was no bank logo on the statement.

Now i am planning to appeal against the decision of ECO on following grounds:
- I had provided computer generated bank statements provided by the bank. I had to do this because only computer generated statements from hsbc provided all joint account holders name (my wife) on the statement.
But computer generated statements dont have logo hence i had also provided letter from bank confirming the authenticity of the statements. This letter had bank letter head, logo, a/c details and bank address.

- I had also provided letter from the bank confirming that required maintenance funds were in the bank for more than 3 months and was never below required funds in that duration.

Based on PBS guidance document, only one of the above is required to prove maintenance funds. Is my understanding correct ?

What do you feel are my chances for appeal to succeed ? I think appeal is 2 step process:
step 1) ECO reviews the decision again and if he is satisified he might change the decision and issue visa.
step 2) ECO does not want to change previous decision of rejection, it is forwarded to AIT for actual appeal. This takes several months ... right ?

Do you think step 1 result would be much faster compared to new application time ?

Thanks,
nsv

[geriatrix]

Para 88(i) of the PBS dependent policy guidance says that "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."

AFAIK, "online" accounts are the ones that are operated online (only) and for which the bank does not issue paper statements to clients. Hence, UKBA asks for a supporting letter from the bank to confirm authenticity to be submitted alongwith or requires that each page of the statement be stamped by the bank.

So the question is - Did you use an "online" account to prove availability of maintenance funds?


regards

[nsv]

Hi sushdmehta,
Customer login for internet banking did not provide all joint account holders name in the statement. It only gives primary bank a/c holders name (myself). And i thought it would be better to have my wife's name also in statement since that would help in her application. So i went to branch and got the statements from their login. I got them stamped from bank executive. But statement did not have logo !

However i did provide supporting letter from bank to support these statements. This letter did have logo, address all joint a/c holders name and a/c number as well.

Thanks,
nsv

[geriatrix]

A bank account with internet banking facility is not the same as an "online" bank account.

regards

[nsv]

I am confused now .. does this mean that my bank statements are not valid proof ?

Based on PBS guidance document, only one of the following is required to prove maintenance funds:
i) Personal bank or building society statements covering the three month period immediately
before the application.
ii) Building society passbook.
iii) Letter from bank confirming funds and that they have been in the bank for at least three months and that the funds have been in the bank for at least three months and the balance has not fallen below £1600

I had provided (i) and (iii) to prove maintenance funds ? Are both of these required Or any one is sufficient ? ECO should have considered (iii) if he was not satisified with (i) ..right ?

I am worried that AIT hearing might take upto 6 months to get a date.
Based on my understanding, on receipt of appeal form, ECO would again review the application. And if he does not want to change his decision, he may forward to AIT which takes much much longer time ( 6 months ).. is that correct ?

I am thinking to apply for new application if ECO decides not to change his decision and forwards to AIT.
How much time would it take for ECO decision before forwarding to AIT ?

Thanks,
nsv

[geriatrix]

I had also provided letter from the bank confirming that required maintenance funds were in the bank for more than 3 months and was never below required funds in that duration.

Did this letter fulfil the requirements specified in 88(iii) of the dependent policy guidance??


regards

[nsv]

Yes, the letter did satisfy all requirements as mentioned in 88 (iii). My understanding of evidence as mentioned in PBS guidance document is that any 1 of those 3 could be given. Is this correct ?

[geriatrix]

My understanding of evidence as mentioned in PBS guidance document is that any 1 of those 3 could be given. Is this correct ?

Yes.

regards

[nsv]

What do you feel are my chances for appeal to succeed ? I think appeal is 2 step process:
step 1) ECO reviews the decision again and if he is satisified he might change the decision and issue visa.
step 2) ECO does not want to change previous decision of rejection, it is forwarded to AIT for actual appeal. This takes several months ... right ?

Do you think step 1 result would be much faster compared to new application time ?

[geriatrix]

Reading this will be useful to understand timelines involved (overseas appeals).

regards

[nsv]

Hi sushdmehta,
Thanks for sending the information. Based on this chart, it would take less than a week for ECO review decision. Does it look right ?

[geriatrix]

How did you come up with 1 week? As per the flowchart, it can be anywhere between 0-8 weeks (review by ECO).

regards

[nsv]

Note for hearing says 16 weeks is the earliest possible date. So i concluded that time in section of blocks represents the earliest possible time for those blocks.

[geriatrix]

I (personally) wouldn't recommend filing an appeal on basis of bank statements (that you submitted earlier) but on the basis of your bank letter if you are sure that the letter fulfils the prescribed requirements in all respects.

If time is not a constraint then you may wish to file an appeal as it will not cost you anything. A fresh application means paying the fee again.


regards

[nsv]

I had given 2 documents to fulfill the maintenance requirement. If statements had some problem, i believe letter from bank confirming the funds did satisfy the requirement.

But i am worried about the time it would take for appeal decision to come through. It has been nearly 1 year that i have been away from family. Moreover this application was for my wife and daughter together. So there is huge investment involved !

So i am not able to make the decision....
What are my chances of ECO overturning the decision?
In case ECO decision takes longer than 2 weeks, i would like to withdraw the application and make a new application. Can i withdraw the application at any stage after making the appeal to make new application ?