Tier 1 (general) dependant appeal

nasirbaig007 · Post by **nasirbaig007** » Mon Jul 26, 2010 11:45 am

Hi All,

I applied for tier 1 (general) dependant visa, which got rejected as the ECO did not accept the bank statements.

Refusal reason :

In support of your application you have submitted the following financial documents:
HSBC - electronic statement for account number XXXXXXXX, held in the name of Mr XXXX
However you have not had the pages of this internet printout stamped with an official stamp from the issuing bank and you have not submitted a letter from the bank stating that these statements are genuine. You have not therefore shown that you have the necessary funds available in accordance with the guidelines as given above. Your application is therefore refused, as you do not meet the requirements of paragraph 319C (g) of immigration Rules.

However, the statements submitted by me were not online printouts, they were actually taken from bank on bank letter head , clearly showing bank name and logo on every page. When I asked bank to stamp them they logically said that anything with the logo need not stamp and so they cannot do so. Also they had a policy recently put in place where they do not issue letters confirming the bank balances.

So , i appealed against the decision of ECO. I submitted my form in person at BHC Delhi. I gave the above reasons for submitting those statements and also attached the photocopies of original detailed statements (the one that comes to your address every month) with the appeal form. I did not submit the original at this time because on the appeal form it was mentioned not to submit any original documents.

After going through the forums here , i realised that i should submit the original as well. So i submitted the original with a cover letter explaining evrything , in person at the BHC, Delhi.

Now when I call BHC Delhi , they say that my appeal is in review, however there system cannot show any original documents received after the original appeal form was submitted.

As I have submitted the original docs in person , getting them lost in transit is out of question. My wife did get a copy of docs stamped as received at the BHC Delhi's gate. Now what I am worried about is , that they might have lost them within their office. Or on a more positive note , they might have linked the docs with my application but haven't updated their systems.

I hereby want to hear from anyone , who have had the similar case. Also if anyone had submitted docs separately from the appeal form, did it get sucessfully linked with their appeal.

Please see the dates below to get the actual timelines of the whole process.

---------------------------------------------
Visa application at VFS Delhi - 10th june 2010
refusal notice - 25th June 2010
----------------------------------------------
Submitted appeal at BHC delhi in person - 6th July 2010
Acknowledgment received - 8th July 2010
Submitted original additional docs at BHC Delhi in person - 17th July 2010
-----------------------------------------------
Called BHC Delhi @ 011 24100020 - 26th July 2010

kunal parikh · Post by **kunal parikh** » Mon Jul 26, 2010 10:07 pm

Hi,

I have the similar case but my wife is going to submit her appeal tomorrow at bombay...our case is bit different...they have rejected on the basis of the authencating stamp on the marriage certificate is of poor quality and we did not submit any wedding pics as not advised by VFS centre...

i still have a doubt as they have clearly mentioned not to submit any original document....I am not sure whether we should submit original marriage certificate which is further now verfieid by goverment secretary...

Kindly inform me how much waiting time they told you...i assume u must have gone for PAPER BASE APPEAL ONLY...

thanks
Kunal

nasirbaig007 · Post by **nasirbaig007** » Tue Jul 27, 2010 10:22 am

kunal parikh wrote:Hi,

i still have a doubt as they have clearly mentioned not to submit any original document....I am not sure whether we should submit original marriage certificate which is further now verfieid by goverment secretary...

Kindly inform me how much waiting time they told you...i assume u must have gone for PAPER BASE APPEAL ONLY...

thanks
Kunal

Hi Kunal,

Initially I also provided only photocopies of bank statements with the appeal form because on â€˜Form IAFT-2 -Information Sheetâ€™ under â€˜Documents to sendâ€™ it is mentioned that:

â€œPhotocopies of any other documents in support of your appeal (in English or a certified translation). You should not send original documents (for example: passports, marriage certificates, birth certificates etc). â€œ

However afterwards I came across this statement below on ukvisas website (http://www.ukvisas.gov.uk/en/ecg/appeal ... s#22288514 )

APL1.11 Processing appeal documents
Original documents submitted by the appellant must be preserved in the condition in which they were received. Do not staple or punch holes in them. You must return original documents, that you are satisfied are genuine, to the appellant after you have photocopied them and date stamped the copy. If you are satisfied that a document is not genuine, you should copy the document and retain the original on file. The ECO (or local verification team) will need to complete a document examination or verification report as evidence that a document is false. If an appeal has been lodged in the UK, the IAC will send Post the original documents, which will need to be copied and returned to the applicant (not returned to the UK).

This statement makes me believe that original documents can also be included with the appeal form.

I would advise you to send the original. Because if you sen dthe original afterwards, it may not get linked to your appeal. I have been having hard time confirming , if my original got linked with my appeal.

Regarding the timelines :

Though overall appeal process takes 4 to 6 months, i was more interested in timelines for local ecm review. So I called BHC Delhi to get an idea as to how long before the appeal is sent to AIT UK. Every time I call I get a different answer. It has varied from 20 working days to 8 weeks.
Last time I called them yesterday and got to know that it has gone to UK for local ecm review. I clearly asked the guy to confirm that its not gone to AIT UK. It kind of confuses me. From all the research done , i thought local review is done at the post only. May be they have there ECM sitting in UK somewhere.
Seriously, the guys picking up phone at BHC Delhi does not have a clue what they are answering about

kunal parikh · Post by **kunal parikh** » Tue Jul 27, 2010 9:06 pm

Hi

Thanks for your reply...My wife went to bombay today and lodged the appeal..i know it does say that but they have clearly mentioned that we only accept photocopies...my wife has also confirmed that if you submit original document then they will send it back to us in the post...they will return all the documents which she has confirmed directly...however she got mixed answers that you got to put photocopies...then also about the originals if anybody wants 2 keep...its all confusing..

i dont think ECM will be seating in the UK as it is clearly mentioned again on the ukvisas.gov.uk page that the ECM will review the application locally and if everything is fine then they will overeturn the decision...i m also hoping for the same...bec even i think ur case is straightforward...i assume they wont sent it to uk and waste their important time...they also said from 2 -8 months...i think it depends upon the case...

just wait for 1 month...will soon get the letter of confirmation...

kunal parikh · Post by **kunal parikh** » Wed Jul 28, 2010 9:58 pm

hi

can u please give me the number that you call to find out the status??

thanks
Kunal

nasirbaig007 · Post by **nasirbaig007** » Thu Jul 29, 2010 12:41 am

It was mentioned in my first post

nasirbaig007 wrote: -----------------------------------------------
Called BHC Delhi @ 011 24100020 - 26th July 2010

TinaJohn · Post by **TinaJohn** » Sat Jul 31, 2010 2:37 pm

Hi,

My dependant had a similar case.We applied frm delhi and got rejected.After that we submitted the appeal form and required documents in delhi BHC (We have submitted original documents for bank statements)on 21st June 2010 and got the decision to submit the passport on 23rd July 2010 .So it will take 1 month time to get response from the ECM.
I hope all of you will get a positive decision from ECM.
Hope this will help some one to know the timeline

nasirbaig007 · Post by **nasirbaig007** » Mon Aug 02, 2010 11:17 am

Hi TinaJohn,

Thanks for your reply. It certainly helps to gauge timeline for ECM review and raises some hope for me.

Can you also let us know how did you got the response from ECM (i.e by post OR email etc) and where did they asked you to submit the passport (VFS or BHC Delhi) ? How long after that did it took to get visa stamped and passport returned to you ?

Thanks,
Nasir

adityak77 · Post by **adityak77** » Thu Aug 05, 2010 8:33 pm

submitted my wife's appeal form this morning at BDHC mumbai, So will wait for 2-3 months and see.

Confused and worried · Post by **Confused and worried** » Mon Aug 09, 2010 2:39 pm

VFS submitted the photocopy of bankstatements rather than the original for my wifes application. Visa got refused on the 30/06, sent IAF2 form with the original bankstatements mentioning that since my wife wasnt aware, the mistake has been done from VFS. Documents were sent on 06/07 and still waiting for an outcome.
Since my family lives in darjeeling the acknowledgment letter which was dated the 12/07 was actually received by my wife on the 26/07. Could i phone the UK embassy and find out in regards to the situation.

nasirbaig007 · Post by **nasirbaig007** » Mon Aug 09, 2010 4:42 pm

Yes, You can call BHC Delhi @ 011 24100020 to get the status. They will ask for passport number or application ref no.

However a word of caution here, do not believe the first thing that they tell you. Most of the time the person on the other hand do not know what they are telling you. I have been told so many times that my application is going to UK. But on quering further they will tell you that it is still in local review.

One of the call operator told me that it can take max of 28 working days to get a local review done.

This also corroborates with the information from this link

http://www.ukvisas.gov.uk/en/ecg/appeal ... s#22288439

According to this non-settlement cases take ( 4 X 7 = 28 ) working days.

APL1.10 Deadlines for bundle preparation

All appeal bundles must be sent to the IAC within the agreed deadlines from the date of receipt of the appeal at Post or the IAC. These deadlines are:

4 weeks for family visit appeals and non settlement appeals

12 weeks for settlement appeals
Bundles must be sent no later than the date recorded on the IAFT-10. Post should not rely or wait for an IAFT-11 or IAFT-12 reminder before they process and dispatch the bundle.

If Post has not received acknowledgement from the IAC (Form IAFT-10), for appeals lodged at post, they should still send the bundle and note proviso that no acknowledgement has been received.

kunal parikh · Post by **kunal parikh** » Mon Aug 09, 2010 8:23 pm

Hi Naisarg,

I also have the similar case. I am really frustrated.

Do you know the number BHC in Bombay to check the status of the appeal?

Thanks
Kunal

Confused and worried · Post by **Confused and worried** » Tue Aug 10, 2010 12:24 pm

thanks a lot for the info nasir...very much appreciated bud.

adityak77 · Post by **adityak77** » Tue Aug 10, 2010 5:09 pm

BDHC Mumbai (022)66502181 Mon-Thurs 13:30 to 16:00 hrs and Fri 08:00 to 10:00 am

adityak77 · Post by **adityak77** » Fri Sep 03, 2010 7:55 pm

My wife's visa is approved, and we got approval letter today from BDHC Mumbai . Decision taken 26th August 2010.

Will submit my wifes passport next week, so hopefully in 3-4 weeks we should get her passport back with a visa.

Hope this helps to others as a timeline

Appeal submitted - 05 Aug 2010 Ack letter posted 10th Aug received letter on 22nd Aug. Decision taken 26th Aug 2010 Recd approval letter 3rd Sept 2010.

nasirbaig007 · Post by **nasirbaig007** » Sat Sep 04, 2010 3:31 pm

Hi Aditya,

This must be such a relief for you. I hope you get your passport with visa stamped very soon.

It seems BDHC Bombay is working with better service standards. My case with BHC Delhi has been there since 07th July 2010.

We call them regularly to get an status update but every time they tell us newer thing. In the past 2 months I have been told such contradictory things as below :
1) The appeal is in local review process
2) The appeal has been sent to the UK on 07/07 (the day we submitted it) and they are waiting on response from there.
3) The appeal has been sent to UK on 25th June (but we have not submitted by then). Later on same guy said it has been sent to AIT on 25th July. But when I said 25th july was a sunday , he irritatingly said that they work on sundays as well and cut the phone.
4) Once they told me that the appeal has been sent to AIT. So I called AIT , they asked me to confirm the date on which it was sent by post. So I called back at BHC Delhi only to be told that its not gone yet and might go in the next 2 - 3 days.
5) On the week starting august 24th , I was told that the appeals which came on 7 - 8 july has been sent to managers now and you will come to know the outcome in the next 2 - 3 days. When we got hold of the same guy again on phone after one week he said all the applications have come back , but he is not able to find our application. He kept note of our appeal number and said that he will come back , but haven't yet.
6) Yesterday (fri 03/09) , I called AIT again , but they say they have not received our appeal and wanted to confirm the date when it was sent from the post. He also suggested that I send them the appeal documents here in UK , so that they can start the process from there end and find out where the appeal docs are. I don't know whether it will be right thing to do ?

All along these last few months I have had horrible experiences. I never thought BHC will have such a low level of service standards.

I think its going to be a long wait ahead. Will keep trying though.

Post by **geriatrix** » Sat Sep 04, 2010 6:56 pm

See also FTTIAC FAQ, Entry Clearance Guidance - Appeals (APL) and Appeal Process Flowchart - Non-settlement appeals lodged at Post.

regards

adityak77 · Post by **adityak77** » Mon Sep 06, 2010 5:49 pm

nasirbaig007 wrote:Hi Aditya,

This must be such a relief for you. I hope you get your passport with visa stamped very soon.

It seems BDHC Bombay is working with better service standards. My case with BHC Delhi has been there since 07th July 2010.

We call them regularly to get an status update but every time they tell us newer thing. In the past 2 months I have been told such contradictory things as below :
1) The appeal is in local review process
2) The appeal has been sent to the UK on 07/07 (the day we submitted it) and they are waiting on response from there.
3) The appeal has been sent to UK on 25th June (but we have not submitted by then). Later on same guy said it has been sent to AIT on 25th July. But when I said 25th july was a sunday , he irritatingly said that they work on sundays as well and cut the phone.
4) Once they told me that the appeal has been sent to AIT. So I called AIT , they asked me to confirm the date on which it was sent by post. So I called back at BHC Delhi only to be told that its not gone yet and might go in the next 2 - 3 days.
5) On the week starting august 24th , I was told that the appeals which came on 7 - 8 july has been sent to managers now and you will come to know the outcome in the next 2 - 3 days. When we got hold of the same guy again on phone after one week he said all the applications have come back , but he is not able to find our application. He kept note of our appeal number and said that he will come back , but haven't yet.
6) Yesterday (fri 03/09) , I called AIT again , but they say they have not received our appeal and wanted to confirm the date when it was sent from the post. He also suggested that I send them the appeal documents here in UK , so that they can start the process from there end and find out where the appeal docs are. I don't know whether it will be right thing to do ?

All along these last few months I have had horrible experiences. I never thought BHC will have such a low level of service standards.

I think its going to be a long wait ahead. Will keep trying though.

Yes , Its a big relief. I made my appeal case very strong and provided all possible evidences to support my subsisting relationship with my wife.

If all uk visas website had provided consistent documents for dependent EC to support relationships, it would have saved PAIN, AGONY and TROUBLE of people ( who are are re-applying) or re-applied and got the visa(s) second time.

Just a MC is simply not enough when you are married for years. In my case . Also to note is what is important is proof of your living together.

Just wait, its no point calling BDHC. If you are in a hurry withdraw the appeal and re-apply.

nasirbaig007 · Post by **nasirbaig007** » Thu Sep 23, 2010 3:25 pm

Finally my appeal has resulted in getting the refusal decision overturned on 17th September 2010.

My wife called them on 17nth September and was told that the decision has been overturned and they had sent a letter. Luckily my wife successfully managed to persuade the lady on phone to email her the letter ( as the letter did not reached us till date via post)

In the letter they asked us to come to BHC Delhi in person with the letter and passport. So on Monday we went there in person ( i was in India at that time).

We submitted our passport at 08:30 in the morning on Monday 20th September. We were asked to collect it at 2:30 pm the same day. We got it finally at 3:30 pm.
Came to UK together on Wednesday 22 sep 2010.

---------------------------------------------
Visa application at VFS Delhi - 10th june 2010
refusal notice - 25th June 2010
----------------------------------------------
Submitted appeal at BHC delhi in person - 6th July 2010
Acknowledgment received - 8th July 2010
Submitted original additional docs at BHC Delhi in person - 17th July 2010
-----------------------------------------------
Called BHC Delhi @ 011 24100020 - 26th July 2010
Kept calling them regularly during all this time
------------------------------------------------
Got the desicion overturned letter on 17th September 2010
Got the Visa stamped on 20th September 2010
Came to UK on 22 September 2010
-------------------------------------------------

P.S - I might not be following this forum in future. So PM me any queries relating to this.

kunal parikh · Post by **kunal parikh** » Sun Sep 26, 2010 10:26 am

Hi Nasir,

This sounds good...Just wanted to know how did u manage to stamp passport on the same day as I am still waiting for the stamping after overreturning decision.

Dont we have to sent that in post only?

Thanks
Kunal

risingsun · Post by **risingsun** » Tue Jun 28, 2011 8:31 pm

kunal parikh wrote:Hi Nasir,

This sounds good...Just wanted to know how did u manage to stamp passport on the same day as I am still waiting for the stamping after overreturning decision.

Dont we have to sent that in post only?

Thanks
Kunal

Hi Kunal,

Just read your post on immigrationboard. How did your review application go?

I am having similar issues with dependent application I made for my wife.

There are some spelling mistakes in the Marriage certificate
and also the certificate that I have (and submitted for the visa) is a photocopy of the original form filled but is having original stamp of the marriage registrar and sign on top of that and also a true copy stamp..

that is the "original" certificate issued by the local marriage registration authority to me.

But caseworker did not recognize this and rejected.

Can you please advice if I have any chance of getting a positive result upon an appeal.- I am thinking to get a notarized affidavit stating the authenticity of the marriage certificate.

do advice.

thanks and regards,
risingsun

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