Teir 4 visa refused- not showing evidence for dependents

[redeyegirl]

Hi administrator and everyone who has been a tower of strength with the advice that you have been providing in a time stress for us as immigrants.

This is the first time I have had any refusal with mY student visa and this happen when I made a teir 4 application in April 2010.(RECEIVED THE LETTERS, APPEAL FORM AND PASSPORT TODAY 5.6.2010)
My application was refused on the grounds that I have not showed that I have enough money to support my dependents -a husband and two children. The exact statement is this:

"You have stated that you are in procession of £1200 for 2 months maintenance outside london(SUBMITTED BANK STATEMENT WITH £4300 OF WHICH £2000 IS FOR SCHOOL FEE). You also need to be able to show that you have access to £2,400 for three dependents. You also need to be able to show that you were in procession of these funds for at least 28 days. But the Natwest bank statement you have provided is not in your own name. The teir 4..."

The bank statement that I have submitted is my my father-in-law. I have submitted my bank statement with evidence of fund for my maintenance and school fee and send a bank statement from my father-in-law as evidence for for my husband and children.My reasoning is, HO always accept my father-in-law statement has evidence of maintainence without question under the old rules that we came in the country on of such "discretion under the immigration rules should have been excercised" which is one of the ground of my appeal.

There are other grounds that I can appeal under but not sure which one is more compelling. They are as follow:
*That the decesion is not in accordance with Immigration Rules,
*that the decision is unlawful because it is incompatible with your rights under the European Convention on Human Rights,
*That the decision is unlawful because it racially discriminates against you,
*that the decision breaches rights which you have as a EEA
*That the decision is otherwise not in ACCORDANCE WITH THE LAW
*THAT A DISCRETION UNDER THE iMMIGRATION rULES SHOULD HAVE BEEN EXERCISED DIFFERENTLY
*THAT YOUR REMOVAL FROM THE uk AS A RESULT OF THE DECISION WOULD BREACH THE uk OBLIGATIONS...

I WOULD APPRECIATE YOUR GUIDANCE ON THIS MATTER SO THAT I CAN SUBMIT A VALID APPEAL.

THANKS IN ADVANCE. [/list][/b]

[geriatrix]

Please don't shout.


regards

[redeyegirl]

Sorry about that. I didnt realise that if you type in capital it is veiw as shouting. I touch my caps key by mistake and by the time I realise it, it was too much words to retype.

I would appreciate any other comments on this situation

Thanks

[aliq09]

Hi administrator and everyone who has been a tower of strength with the advice that you have been providing in a time stress for us as immigrants.

This is the first time I have had any refusal with mY student visa and this happen when I made a teir 4 application in April 2010.(RECEIVED THE LETTERS, APPEAL FORM AND PASSPORT TODAY 5.6.2010)
My application was refused on the grounds that I have not showed that I have enough money to support my dependents -a husband and two children. The exact statement is this:

"You have stated that you are in procession of £1200 for 2 months maintenance outside london(SUBMITTED BANK STATEMENT WITH £4300 OF WHICH £2000 IS FOR SCHOOL FEE). You also need to be able to show that you have access to £2,400 for three dependents. You also need to be able to show that you were in procession of these funds for at least 28 days. But the Natwest bank statement you have provided is not in your own name. The teir 4..."

The bank statement that I have submitted is my my father-in-law. I have submitted my bank statement with evidence of fund for my maintenance and school fee and send a bank statement from my father-in-law as evidence for for my husband and children.My reasoning is, HO always accept my father-in-law statement has evidence of maintainence without question under the old rules that we came in the country on of such "discretion under the immigration rules should have been excercised" which is one of the ground of my appeal.

There are other grounds that I can appeal under but not sure which one is more compelling. They are as follow:
*That the decesion is not in accordance with Immigration Rules,
*that the decision is unlawful because it is incompatible with your rights under the European Convention on Human Rights,
*That the decision is unlawful because it racially discriminates against you,
*that the decision breaches rights which you have as a EEA
*That the decision is otherwise not in ACCORDANCE WITH THE LAW
*THAT A DISCRETION UNDER THE iMMIGRATION rULES SHOULD HAVE BEEN EXERCISED DIFFERENTLY
*THAT YOUR REMOVAL FROM THE uk AS A RESULT OF THE DECISION WOULD BREACH THE uk OBLIGATIONS...

I WOULD APPRECIATE YOUR GUIDANCE ON THIS MATTER SO THAT I CAN SUBMIT A VALID APPEAL.

THANKS IN ADVANCE. [/list][/b]

Hi ,

First of all can you provide here a clear picture of father in law account . secondly try to break down your case in logical paragraphs like the visa is rejected on these basis .... i have submitted these documents .. now what i shall do .....

Hopefully this will help every body here to give you some good piece of advice.

[redeyegirl]

Hi Ali
Thanks for your reply. My father in law acount is in the UK which we have been using it for the last 7 years. There is a total of £29,243.36. I have also submitted a bank statement with my name and husband on it of a total of £4378.29. Balance of school fee is £2000 outstanding plus my maintenance amount of £1200 is cover with this bank statement.

So HO basically rejecting father-in-law bank statement as evidence of access to fund for dependents.

What is my grounds of appeal?
Thanks

[redeyegirl]

I was hoping that someone would shed some light on my situation.

[potterbond007]

Which country are you from? Had you submitted your father-in-law's passport copy to prove your relationship with the account holder? Of course you would also need your husband's passport copy too. I cant understand part of your query. You said that you had submitted your father-in-law's account details and later on you also say that you have submitted your account details. What is the real situation here??

[redeyegirl]

Thanks potterbond007 for your reply.

I submitted a bank staement to my college that proof I have enough money to pay the balance of the fee and maintain my self(£4300.00)

I also submit a bank statement of my father-in-law to HO as proof of maintenace for my husband(his father bank statement) and our 2 children.

Because my bank statement amount was not suffient for 3 dependents.

I am from Jamaica. No, I have not submit a copy of father-in-law passport, Should I have? I submitted a letter from father-in-law giving permission.

Thanks for your reply

[potterbond007]

Of course your father-in-law's passport copy needs to be submitted to prove your relationship with him.. Go for your appeal/admin review whichever is allowed. You need to prove in court that the account is that of your father in law.

[visa4ukonline]

can you pls paste the entire extract of refusal for better guidance. I have similar circumstances so may be i could help..

[redeyegirl]

hi visa4ukonline,

Sorry to take so long to reply. internet acting up.

the statement is this "You have stated that you are in procession of £1200 for 2 months maintenance outside london(I SUBMITTED personal BANK STATEMENT WITH £4300 OF WHICH £2000 IS FOR SCHOOL FEE). You also need to be able to show that you have access to £2,400 for three dependents( I submitted father-in-law bank statement with (£30.000). You also need to be able to show that you were in procession of these funds for at least 28 days. But the Natwest bank statement you have provided is not in your own name. The teir 4 guidance said that you must have the ability to maintain yourself and pay any outstanding course fee. You have been unable to demonstrate that you have sufficient funds to do this with the bank statements you have proided and therefore no points have been awarded in this area.

would apppreciate your help especially since you have experience issue like this

[redeyegirl]

I was hoping visa4uonline or anyone would have respond already