Need Advice on my Tier -1 General Visa refusal

[vikrant123]

Hi All,

I am new to this Forum, however, I really liked the conversation on this forum.

I have been on Working Holiday Maker (WHM)Visa since May 8, 2009 - May 8, 2011. I went to UK on May 19, 2009 and I started working in UK since June 22, 2009 - June 21, 2010. As per my WHM visa restrictions, I was only allowed to work for a year only.

I came back to India on Jul 13, 2010 and applied for my Tier- 1 visa on July 15, 2010.

My Entry Clearance to UK was refused under Tier -1 General on Aug 9, 2010. I have been awarded Points in All the sections except the Maintenance.

Note: I have submitted my savings and bank statements of 2 different Bank Accounts ( Lloyds TSB and Barclays).

"""""ECO Comments: You have not provided the specified documents to support your claim of 10 points.

You have submitted a Lloyds TSB Bank Statement (a/c # abc) and Barclays Bank Statement (a/c # xyz), which purport to show funds held in UK accounts. However, current guidance states that Bank Statement must contain the Financial Institution logo and guidance also states that you must also demonstrate that you have held the minimum sum required in personal savings in order to meet maintenance requirements.

Yous Lloyds TSB Bank Statement (a/c # 123) shows a minimum balance on 23/06/10 sum of £ 899.75, which is insufficient to meet the maintenance requirements and your Barclays Bank statement does not contain a logo as required.

You have not, therefore, scored 10 points under Appendix C and I refuse your application under paragragh 245 c of the immigration rules.


General Grounds of Refusal :
ECO Comments:
On your Visa Application Form, you have declared that the information that you have provided is complete and true to best of your knowledge. You have previously applied as a Working Holiday Migrant and indication in your passport shows that you entered the UK on 19/6/09. In support of your application, you have submitted letters from your employers, ABC and XYZ. Your letter of support from ABC has confirmed that you have commenced your employment on 22/06/09 and XYZ has confirmed that you commenced employment with them on 08/02/10. Further checks conducted by this office have confirmed that you did not cease your employment with XYZ until the end of June. I am also satisfied that this is also the case as the XYZ June 2010 pay slip that you have submitted shows that you have received a full months salary and is further confirmed as your salary for June 2010 shows the same amount paid to you as other full months worked previously. I am further satisfied that this is the case as indication in your passport that you did not arrive in India until 13/07/2010. I am therefore satisfied that you have breached a previous condition attached to any previous leave granted to you by working in excess of your permitted time period granted to you as Working Holiday Maker.

I am therefore refusing your entry clearance application undr paragraph 320 (7b) of the immigration rules. Any further application will also be automatically refused, for the same reason, under paragraph 320 (7b) of the immigration rules until 09/08/2020.
________________________________________________________

Now, let me put on some light on my case, picking and justifying all the comments of ECO from the top:

ECO Point 1: Regarding the Llyods TSB account balance of £ 899.75.
My Comments: I have been holding 2 accounts with TSB bank, main account is my Current account, where my salary gets credited and I also have a savings account linked with my current account, where £250 gets creidted to the savings account from my current account every month of 23.

My Llyods TSB savings account statement shows the last transaction on 23/06/10 of £899.75, which is correct.

*********However, they haven't consider the amount in my current account of £458.59. *******

The Llyods TSB Bank statement , I requsted to bank on the phone, was on having Bank Logo, My Account Name and Number , My Address, infact everything which was required as per the online guidance.


http://www.ukba.homeoffice.gov.uk/worki ... intenance/

ECO Point 2: Barclays Bank Statement does not have a bank logo.
My Comments: Same way I called the Barclays Bank to order Bank Statement for past one year, as I used to get the monthly statement from Bank, hence, the statement was due and I couldn't wait for it.

My Barclays Bank statements first page, have the Bank Logo, My Name , Address, date and also it states that they are sending me the one year statement as I have requested to them.

However, the following pages doesn't have the bank logo, although it has my name, account number, address, date on all the pages.

For this reason, I went to the Barclays Bank and asked them, it doesn't have bank logo on the statement and they replied to me that when a customer’s request for a year statement, we do not have access to the transactions in the account more than 6 months, hence we gets this kind of electronic statement from the head office and they can’t do anything about it.

Hence, they stamped all the pages for me.

Last transaction on Barclays Bank statement was of £ 5,927.61 on 22/06/10.

http://www.ukba.homeoffice.gov.uk/worki ... intenance/

As per the online guidelines states, if the Electronic statements printed by the applicant and bearing the official stamp of the bank in question. This stamp should appear on every page of the statements. An electronic bank statement bearing the official stamp of the bank in question will be accepted.

ECO Point 3: I have worked more than the time permitted to me as Working Holiday Migrant.
My Comments: I haven’t worked excess of my permitted time, I was aware that as per WHM migrant, I was allowed to work for a year only. As the ECO states that I started working with employer ABC on 22/06/09 and with XYZ on 08/02/2010, which is absolutely correct.
I didn’t work with XYZ after 14/06/10, however, I worked with ABC till 21/06/10.
As the ECO says, they further checks conducted by the employer XYZ shows that I didn’t; cease my employment with them until the end of June 2010, its completely wrong.
MY employer told me that the someone called from British Home Office India to confirm about myself; however, they asked only 3 questions to my employer:
1. Do you know MR Arya, which is myself?
Employer Answer: Yes, we know.
2. What is his position in the company?
Employers Answer: He is a supervisor
3. How does he get this much of salary?
Employers Answer: This is private and confidential

And whomsoever called to confirm didn’t ask anything else, specifically when did I work last in June, 2010?

My June salary slip shows the date June 14,2010 and the salary was credited to my account in Barclays Bank on June 17, 2010.
Because I have received the same salary, as I received in the month of May 2010, they have considered that I have worked for entire month of June.

I started working on 08/02/10, first salary was credited to my Barclays Account on 09/03/10, next salary was credited to my account on 20/04/10, and next salary was credited on 19/05/10 and last in the month of June on 17/06/2010.

I am really getting confuse, what to do at this stage, I haven’t submitted my Admin Review as if now, I have contacted several Consultants here in New Delhi, however, I haven’t been satisfied, whatever they say. Nobody wants to take the ownership of my case.

I have also contacted one of Government Legal Immigration Advisor in London, he would be replying to me by Aug 28 or 29, 2010.

Please do help me in this case, as I have been refused under 320 (7b) of the immigration rules, would I be able to provide any additional documents along with my Admin Review?

What are the chances of overturning the initial ECO decision?

Any help in this case would be appreciated.

Regards,
Vikrant Arya

vikrantarya@gmail.com

[destiniation_london]

Sorry to hear about your case.

You should really be worried about the second comment made by ECO which states your application has been rejected on the basis of 370(b). You should really be looking to overturn that comment first.

After going through ECO comment, what I could make out is the only reason he thinks you worked longer than you were allowed was on the basis of your June salary.

As you told that you wer paid on 19th June for the work you did from 20th May onwards, you should really explain and emphasise on this point in covering letter and show it credited in your account.

Not sure, if you can do much about the bank statements, there have been innumerable instances where the application has been rejected on this basis.

But, I'd suggest you to challenge the ECO decision of rejecting your application under 370(B). Try to put as much information & explain it in covering letter.

Best of luck

[Vitavi]

I believe you can do it yourself. Just put everything that you have written on this forum in a form of a cover letter, add some more arguments, article numbers and quotes. Then submit your admin review.

From your post it follows that didn't breach any rules. Explain that clearly stating the dates of your employments with both of the companies, when you were paid and for which periods.

Any sensible person looking into your case will unerstand your arguments. Just be confident and you'll be all right.

Take care.

[vikrant123]

Sorry to hear about your case.

You should really be worried about the second comment made by ECO which states your application has been rejected on the basis of 370(b). You should really be looking to overturn that comment first.

After going through ECO comment, what I could make out is the only reason he thinks you worked longer than you were allowed was on the basis of your June salary.

As you told that you wer paid on 19th June for the work you did from 20th May onwards, you should really explain and emphasise on this point in covering letter and show it credited in your account.

Not sure, if you can do much about the bank statements, there have been innumerable instances where the application has been rejected on this basis.

But, I'd suggest you to challenge the ECO decision of rejecting your application under 370(B). Try to put as much information & explain it in covering letter.

Best of luck

___________________________________________________________

Hi, thanks for your kind reply. What would you suggest me in this case? What should I do or Do I need to attach evidence to prove that I didnt work more than 14/06/10, I can get a letter from employer stating my last day of employement, I have also asked my employer to send me the details of salary cycle (breaksup of every month) being credited to
barclays account?

Any help would be really appreciated. In London, you get hell lot of immigration solicitorsbut here in New Delhi, India, it becomes really difficult to get a hold of someone really experienced.

Thanks & Regards,
Vikrant

vikrantarya@gmail.com

[destiniation_london]

Get and collect as much information as you can. Get a letter from your employer stating end date, relieving letter, show bank statements with salary credited in your account on 19th June.

The reason why I am emphasizing on overturning this decision is because it bans you from making application for next 10 years. Once you overturn this decision, you can apply again with correct bank statements.

Prepare a covering letter and explain your reasoning for every comments made by ECO.

[vinny]

I am therefore satisfied that you have breached a previous condition attached to any previous leave granted to you by working in excess of your permitted time period granted to you as Working Holiday Maker.

I am therefore refusing your entry clearance application undr paragraph 320 (7b) of the immigration rules. Any further application will also be automatically refused, for the same reason, under paragraph 320 (7b) of the immigration rules until 09/08/2020.

This seems incorrect.

If you were refused under 320(7B) and there was no deception used in your visa application, then you shouldn't have been banned for 10 years.

[vikrant123]

Hi Vinny,

Thanks for kind your reply, really appreciated. I really liked this forum rather than running after some Immigration Lawyers or Consultants, anyone can gather all the relevant information by posting their queries on this forum.

I have a few more queries for you to help me with, mentioned below are the queries:

1.

I have filed my AR on Sep 2, 2010, I have received the Acknowledgment on Sep 11 dated Sep 8 by BHC new delhi.

I believe that there seems some confusion in calculating the 28 days for AR as stated on the AR Notice:

***** We will aim to let you have the result of the review within 28 days. If, in exceptional circumstances, we are unable to complete the Administrative Review within the 28 days we will notify you in writing as to when to expect a decision. *****

Does it mean, do they take 28 working days? If we calculate these 28 working days, it comes to 6 weeks from the date of filing the AR.

The caseworkers at BHC work 5 working days in week, so 28 days actually comes as 20 working days excluding holidays/weekend.

However, I have read some posts on this forum and on some other forums saying that

************* The timelines invloved depends on various factors e.g. - workload, staff strength etc. And don't be surprised if you do not hear anything in the 28 days. You may just receive the decision (as and when a review is undertaken and decision taken). There is no obligation for the BHC to decide on your AR within a stipulated timeline.
For all practical purposes, consider working days. There is no compulsion to decide an AR within the stated time period.


a) What do you think, when can we expect the result of the AR? How many days/weeks does this process take?
When is the best to contact BHC to know the status of AR? after 3 weeks or after 4 weeks?

b) What are the chances of successful AR? What is the percentage of AR getting successful? How many people get sucess in AR as comparison to Appeal Process?

As I have been reading on this forum, almost everyone is just waiting for the result of AR. Caseworkers taking too much time, is it coz of peak period or busy time as student visa is on the top at the moment, atleast for the month of Sep.

I really dont know why caseworkers take more than 28 days but I have been going thru the most of the posts on this board, however, I have been failed to see if anyone has received Admin Review decision in just 28 days except the lucky one "krishna153" who received the result in just 14 days.
_____________________________________________________________

2.

They refused my application initially with 245 C and 320 b considering that I worked more than a year on Working Holiday Maker Visa, which is not true.

I have received a letter from my employer as well stating my salary breakup and the last day of my employment in UK, which is within the One Year of timeframe.

I stil have 9 months valid WHM visa, which is not cancelled, wil there be any issues if I travel to UK? Coz they refused me specially with 320 b.


_____________________________________________________________
3.

I have been maintaining £3000 in my account in UK since march 19, 2010, which is still there in my account, is it fine if I take out £500 from my account, will this be an issue in my Admin Review?


Thanks again in advance, looking forward to hear from you.

Regards,
Vikrant

vikrantarya@gmail.com

[vinny]

If the AR upholds your refusal under 320(7B), then your WHM visa will probably be cancelled. You will be refused leave to enter the UK during the period of the ban, subject to 320(7C). However, the consequences of refusal under 320(7B) may not be the same as the consequences of refusal under 320(7A). The AR should spot which period of ban would be applicable:

# 1 year if they left the UK voluntarily, whether or not at public expense;
# 5 years if they left UK voluntarily, at public expense;
# 10 years if they were removed or deported from the UK;
# 10 years if they practised deception (which includes using false documentation) in support of a previous visa application.

[vikrant123]

Hi Vinny,

Thanks for your reply, really appreciate it.

To give you more information about the AR. I submitted my AR along with the documents on Sep 2, 2010.

Specifically, I have asked my employer to send me Reference Letter stating the Commencement And Last Date of my employment, which is not more than one year.

I attached that letter along with the AR. In addition, I also mentioned that I haven't received any salary for the next month i.e. JULY. As they believe, I worked in june for full month, which I didn't.

I am keeping my fingers crossed. GOD HELP ME.

I believe that fear of failure is the first step towards success, hence I really have to look other side of it as well.

Before coming to India to apply for Tier 1, I left my all the luggage and other household things at my home in London. Incase something gets wrong, wont I be able to enter UK with current valid WHM visa?

For more info about my case, please visit : http://www.immigrationboards.com/viewto ... 859#412859


Looking forward to hear from you.

Regards,
Vikrant

[vikrant123]

Hi push, sushdmehta, vinny, destiniation_london and other senior members on this forum.

Honestly speaking, I didnt work more than a year, I was aware of the work limitation of WHM Visa.
Although I know people in UK even they are on student visa but stil they are working more than 20 hrs, which they are not suppose to. I believe, it was my badluck...


I would really appreciate if someone can provide with their feedback on my last post....

Looking forward to hear from you.....

Regards,
Vikrant

[geriatrix]

What feedback do you expect anyone to provide when you yourself, as an applicant, are not even aware of what reason(s) are mentioned in the AR of your own application.

IMHO ...



regards

[geriatrix]

The text regarding the consultant you hired - not providing you details of your own AR but still assuring you that refusal will be overturned - is now removed from your post.

This said, do appreciate that only you know the merits (or demerits) of your case. No one can predict for you whether your AR will be successful or not. If you haven't breached immigration rules, your AR should overturn the refusal and drop the charges ... but that depends on how the AR is drafted and facts highlighted .... which even you (applicant) are unaware of (surprisingly)!


Discussion continues in this topic.


regards