I applied for Tier 1 General EC, and was awarded claimed points in all areas except Funds Maintenance. The application made on 15th March was rejected on 30th March.
I maintained my funds in Fixed Deposits in a commercial bank continuously for the past one year (and still do) and the fixed deposits amount to something around GBP 10600.
I would like to know your opinions on an Admin Review I am planning to seek. The following is the text of the bank letter I submitted for proof of holding funds:
ON BANK'S LETTERHEAD (dated 6th March 2010)
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The Entry Clearance Officer has mentioned the following reasons for denying the EC:This is to confirm that we have received the following funds to the credit of Mr XYZ and the same is held by him as Foreign Currency Non Resident (FCNR) deposits with our bank. The details are as under
Received on 07.Mar.2009
Amount Received: GBP 10600
Deposit Receipt Number: ABC/12345
We certify the above funds are held by the above deposit holder with our bank as on date.
SIGNED AND SEALED
"Letter from XYZ Bank confirming deposit held with the Bank. Total value of the deposit is GBP 10600. Unable to consider this deposit because the letter does not confirm that they can be encashed at any time. Unable to consider this as savings account because there is no bank statement and also the letter does not confirm the minimum balance held during the 3 month period. It only gives the amount received on a specific date. Therefore points not awarded. I therefore refuse your application under paragraph 245C(e) of the Immigration Rules."
What I am planning to reply is as follows:
Kindly advise if my contention above is proper and please give your opinion about whether I stand a chance to get the decision reversed in the Admin Review."The letter from XYZ bank expressly confirms the receipt and deposit of a fixed sum of GBP 10600 on 07.Mar.2009 to the credit of my account as FCNR deposit, along with its deposit number. Further the last paragraph of the letter expressly certifies the existence of the above deposit on 06-Mar-2010.
The fixed deposit received by the bank to my credit on a specific date and held till the date of the letter is a sufficient and appropriate evidence for it's continued existence intact during the intervening period.
By claiming that the bank letter "only gives the amount received on specific dates", the ECO seems to have overlooked the last paragraph, and thereby incorrectly construed that the letter does not confirm the minimum balance held during the last 3 months.
It is apparent from the bank's confirmation that I have been maintaining nearly four times of the required minimum balance intact continuously for nearly four times the period required to be maintained.
It is common knowledge that deposits held by commercial banks to the credit of depositor’s account, and duly certified by the bank as such, are readily encashable at the request of the depositor at any time, and does not merit a separate confirmation. Where banks certify without reservations or qualifications, that funds are standing to the credit of a deposit holder, it is implied that the same are available for withdrawal on demand. Further the Immigration Rules and Guidelines published for Tier 1 (General) Scheme are silent as to the requirement of obtaining confirmation from banks about the encashability of bank deposits.
It appears that the above facts apparent from the bank’s letter were overlooked by the ECO while making her decision. I therefore would like to request that the above mistakes made by the ECO should be duly corrected and I be issued the Entry Clearance.
