Visa Refusal and received an appeal form

[facto]

Hi,

I have received a visa refusal and appeal form. I applied for my 5 months old daughter who is in India. I am currently living in UK for more than 3 years. Below is the refusal comments.

The Decision:-
The Bank statement you have submitted are more than one month old from the date of the your application and are therefore not acceptable evidence of funds for maintenance purposes. consequently, I am not satisfied that sufficient level of funds available to you as set out in appendix E of the immigration rules.

My question:-
1. I know I applied 12th Aug and my bank statement shows 10th July. But here in Uk I receive my bank statement only every15th. Anyhow I will submit my latest statement . Is that ok?

2. The VFS adviser has asked my wife to keep 6 months bank statement
and payslip which leads to confusion where I need to maintain 550 pounds for my daughter per month. I showed nearly 3000 pounds for last 6 months. Is that correct or do I need to show them more than that?

3. I am not going for tribunal hearing, All I am going to do is re-submit with my last 1 year of bank statement and payslip with p60 to prove that i lived here for more than years.

Do I need to fill the representative, sponsor columns in the form? Any advice regarding the tribunal form would be really helpful . the reason is I am unable to do the submission in person as well as my wife. So requesting my father to submit the form need more details to guide him.

Thanks in advance.

[destiniation_london]

It is clearly your mistake in supplying bank statements older than a month.

There is no use in challenging the rejection and going to tribunal hearing and admin review.

I'd advise you to re-submit your application with correct bank statements.

Assuming your wife already have dependant visa, you would need to show 800+533£ in bank statements for last 3 months.

[facto]

Senior member's, please advice or provide some pointer.

[mvent00]

Hi,

I have received a visa refusal and appeal form. I applied for my 5 months old daughter who is in India. I am currently living in UK for more than 3 years. Below is the refusal comments.

The Decision:-
The Bank statement you have submitted are more than one month old from the date of the your application and are therefore not acceptable evidence of funds for maintenance purposes. consequently, I am not satisfied that sufficient level of funds available to you as set out in appendix E of the immigration rules.

My question:-
1. I know I applied 12th Aug and my bank statement shows 10th July. But here in Uk I receive my bank statement only every15th. Anyhow I will submit my latest statement . Is that ok?

Well, I would suggest you to make an appeal rather than applying again. We have seen several cases in this very forum, where people got away in appeal. It is true that according to the rules you can not submit a new evidence in appeal process, but at the same time it is also true that in appeal you make clarification about what went wrong at the first place. Your case seems to be straightforward, as you have mentioned that you receive bank statement every 15th, you get a fresh bank statement and mention this fact in cover letter. The theme of your cover letter shoud be that you have maintained sufficient funds after 10th July. I am very much sure you have a chance in appeal. Good luck!!



2. The VFS adviser has asked my wife to keep 6 months bank statement
and payslip which leads to confusion where I need to maintain 550 pounds for my daughter per month. I showed nearly 3000 pounds for last 6 months. Is that correct or do I need to show them more than that?

3. I am not going for tribunal hearing, All I am going to do is re-submit with my last 1 year of bank statement and payslip with p60 to prove that i lived here for more than years.

Do I need to fill the representative, sponsor columns in the form? Any advice regarding the tribunal form would be really helpful . the reason is I am unable to do the submission in India personal as well as my wife. So requesting my father to submit the form need more details.

Thanks in advance.

[facto]

Hi,

I have received a visa refusal and appeal form. I applied for my 5 months old daughter who is in India. I am currently living in UK for more than 3 years. Below is the refusal comments.

The Decision:-
The Bank statement you have submitted are more than one month old from the date of the your application and are therefore not acceptable evidence of funds for maintenance purposes. consequently, I am not satisfied that sufficient level of funds available to you as set out in appendix E of the immigration rules.

My question:-
1. I know I applied 12th Aug and my bank statement shows 10th July. But here in Uk I receive my bank statement only every15th. Anyhow I will submit my latest statement . Is that ok?

Well, I would suggest you to make an appeal rather than applying again. We have seen several cases in this very forum, where people got away in appeal. It is true that according to the rules you can not submit a new evidence in appeal process, but at the same time it is also true that in appeal you make clarification about what went wrong at the first place. Your case seems to be straightforward, as you have mentioned that you receive bank statement every 15th, you get a fresh bank statement and mention this fact in cover letter. The theme of your cover letter shoud be that you have maintained sufficient funds after 10th July. I am very much sure you have a chance in appeal. Good luck!!

Thanks mvent00, I will do the same. I am going for paper appeal rather than oral hearing which will take months.

2. The VFS adviser has asked my wife to keep 6 months bank statement
and payslip which leads to confusion where I need to maintain 550 pounds for my daughter per month. I showed nearly 3000 pounds for last 6 months. Is that correct or do I need to show them more than that?

3. I am not going for tribunal hearing, All I am going to do is re-submit with my last 1 year of bank statement and payslip with p60 to prove that i lived here for more than years.

Do I need to fill the representative, sponsor columns in the form? Any advice regarding the tribunal form would be really helpful . the reason is I am unable to do the submission in India personal as well as my wife. So requesting my father to submit the form need more details.

Thanks in advance.

[destiniation_london]

My sincere apologies if I've misunderstood or missing something here...

OP has clearly made a mistake on his part, he submitted bank statements older than a month with application. You can't argue on the point saying you receive your bank statements on 15th , if that was the case you should have applied earlier.

[facto]

My sincere apologies if I've misunderstood or missing something here...

OP has clearly made a mistake on his part, he submitted bank statements older than a month with application. You can't argue on the point saying you receive your bank statements on 15th , if that was the case you should have applied earlier.

Well....., I am still not convinced, because everybody receive bank statement atleast 2 days after end of the statement date, I hope they don't get it the next day for sure. Anyhow I am more interested in next steps rather than discussing what has happened.

[mvent00]

Agreed, that OP has submitted two days old statement, but why was he given right to appeal? From the wording of decision, the immigration officer is in doubt about maintenance funds, and if in the appeal process OP proves him wrong, I think he has a chance.

My sincere apologies if I've misunderstood or missing something here...

OP has clearly made a mistake on his part, he submitted bank statements older than a month with application. You can't argue on the point saying you receive your bank statements on 15th , if that was the case you should have applied earlier.

[destiniation_london]

I know I applied 12th Aug and my bank statement shows 10th July

mvent00- its not just 2 days old but 1 month and 2 days old. ECO officer has gone by the rules which says last transaction on the bank statements should not be older than a month.

[facto]

I know I applied 12th Aug and my bank statement shows 10th July

mvent00- its not just 2 days old but 1 month and 2 days old. ECO officer has gone by the rules which says last transaction on the bank statements should not be older than a month.

Agreed, But I have submitted last six months bank statements. As per the Appendix E in the immigration rules they required exactly last three months. Additional to that I have constantly maintained the same outstanding balance in my bank account.

Why dont we consider this possibility, the case worker might have thought that by providing this additional supporting bank statement it might be easy to take the decision as the case is quite straight forward. Also this might be formal way of sending notification to provide the additional documents. If I Understand it correctly. Also this become an opportunity to submitter to prove their stances.

Atleast when I was extending my visa in croydon Home office. A caseworker in the next window requested a couple to get their latest statement to process further, Although I am not sure about the reason. When I was waiting for my turn. I noticed them submitting the latest statement got from the nearest branch and their application was processed successfully with me.

Considering the reality I noticed, I would agree the case worker would have thought in the similar fashion and provided me a chance. Indeed this was not an intentional or deliberately done. It was absolutely my mistake, I should have checked it. This was submitted by my wife in India later than we initially planned.