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Dependant visa refused Tier2 (ICT-Skills Transfer)

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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nkumarsingh
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Posts: 10
Joined: Fri Sep 17, 2010 5:45 pm

Dependant visa refused Tier2 (ICT-Skills Transfer)

Post by nkumarsingh » Fri Sep 17, 2010 6:06 pm

Hi I applied for Tier2 ICT- Skills transfer visa. My wife applied with me as a dependant. However her visa was refused under section319(C)(g).

The rejection reason is given as :

You have submitted your dependent of a points based system migrant application at the same time as your spouse. However an applicant in this category must be the spouse or partner of a person who has valid leave to enter or remain as a Points Based System Migrant, or is, at the same time, being granted entry clearance or leave to remain as a Points Based System Migrant.

You have submitted a bank statement from XX bank and the balance in your on 18/06/10 wa Rs. xxxx.xx. and therefore I am not satisfied that you have shown that you held the required funds equivalent to 533 pounds in total for a three month period immediately prior to your application which was 30/08/10. I therefore refuse your application, as you do not meet the requirements of paragraph 319(C)(g) of the immigration rules.

I received the visa but my wife's was rejected. I supplied a maintenance letter from my sponsor stating that they will provide maintenance for both me and my wife.

My Question is that: 1. is the refusal due to the maintenance funds requirement only or some other reason?
2. Do I need to maintain funds for my dependent even if my sponsor gives a maintenance letter for both me and my dependent?

If it is just the maintenance fund, I want to apply immidiately, But I'm not sure if it is the only reason.

Please help me out.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Sep 17, 2010 6:26 pm

The reason(s) for refusal is(are) as mentioned in the refusal notice. No other.

Regrading maintenance funds for Tier 2 dependent(s), read para 45-50 of PBS dependent policy guidance. If you had provided evidence (as specified in the document) and the application has still been refused, you may appeal the decision. Else, apply afresh.

If you decide to appeal, please do take into account that an appeal may take 6-10 months to be decided upon if the decision is not overturned by the local BHC and the appeal is forwarded to the tribunal.



regards

asdcjb
Newly Registered
Posts: 10
Joined: Sat Sep 18, 2010 9:01 am

Visa rejected due to rule 320 (3)

Post by asdcjb » Sat Sep 18, 2010 9:18 am

I had applied under the Tier-2 ICT category. I have got a refusal for entry clearance. The only reason for refusal is stated as "You have failed to produce a valid national passport or other document satisfactorily establishing your identity and nationality (Paragraph 320(3) HC 395 as amended)"
I had obviously submitted the passport with the application and it has also come back to me in the same packet from the commission.
My wife who applied with me as a dependent was refused on the grounds I was refused. I am confused and dont what to do. Any suggestions are most welcome please.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Visa rejected due to rule 320 (3)

Post by geriatrix » Sat Sep 18, 2010 10:47 am

asdcjb wrote:I had applied under the Tier-2 ICT category. I have got a refusal for entry clearance. The only reason for refusal is stated as "You have failed to produce a valid national passport or other document satisfactorily establishing your identity and nationality (Paragraph 320(3) HC 395 as amended)"
I had obviously submitted the passport with the application and it has also come back to me in the same packet from the commission.
My wife who applied with me as a dependent was refused on the grounds I was refused. I am confused and dont what to do. Any suggestions are most welcome please.
Submit an Administrative Review request.


regards

asdcjb
Newly Registered
Posts: 10
Joined: Sat Sep 18, 2010 9:01 am

Re: Visa rejected due to rule 320 (3)

Post by asdcjb » Sun Sep 19, 2010 6:45 am

Submit an Administrative Review request.


regards
Will that help. Details about the Administrative Review say that they'll check if the points have been correctly recorded which they have. Also what proof can I submit that I submitted the passport. Do you know if something like this has happened before with someone. I'm just so angry at them for being so careless.

vinny
Moderator
Posts: 33336
Joined: Tue Sep 25, 2007 8:58 pm

Re: Dependant visa refused Tier2 (ICT-Skills Transfer)

Post by vinny » Sun Sep 19, 2010 8:03 am

nkumarsingh wrote:Hi I applied for Tier2 ICT- Skills transfer visa. My wife applied with me as a dependant. However her visa was refused under section319(C)(g).

The rejection reason is given as :

You have submitted your dependent of a points based system migrant application at the same time as your spouse. However an applicant in this category must be the spouse or partner of a person who has valid leave to enter or remain as a Points Based System Migrant, or is, at the same time, being granted entry clearance or leave to remain as a Points Based System Migrant.

You have submitted a bank statement from XX bank and the balance in your on 18/06/10 wa Rs. xxxx.xx. and therefore I am not satisfied that you have shown that you held the required funds equivalent to 533 pounds in total for a three month period immediately prior to your application which was 30/08/10. I therefore refuse your application, as you do not meet the requirements of paragraph 319(C)(g) of the immigration rules.

I received the visa but my wife's was rejected. I supplied a maintenance letter from my sponsor stating that they will provide maintenance for both me and my wife.

My Question is that: 1. is the refusal due to the maintenance funds requirement only or some other reason?
2. Do I need to maintain funds for my dependent even if my sponsor gives a maintenance letter for both me and my dependent?

If it is just the maintenance fund, I want to apply immidiately, But I'm not sure if it is the only reason.

Please help me out.
See also Refusal unfair.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nkumarsingh
Newly Registered
Posts: 10
Joined: Fri Sep 17, 2010 5:45 pm

Post by nkumarsingh » Sat Sep 25, 2010 7:56 am

Thanks vinny and sushdmehta.

I have reapplied on 24/9/10. Hoping to get it this time.

Vanadil
Senior Member
Posts: 526
Joined: Wed Oct 29, 2008 11:58 am
Location: London, UK

Re: Visa rejected due to rule 320 (3)

Post by Vanadil » Mon Sep 27, 2010 11:15 am

asdcjb wrote:I had applied under the Tier-2 ICT category. I have got a refusal for entry clearance. The only reason for refusal is stated as "You have failed to produce a valid national passport or other document satisfactorily establishing your identity and nationality (Paragraph 320(3) HC 395 as amended)"
I had obviously submitted the passport with the application and it has also come back to me in the same packet from the commission.
My wife who applied with me as a dependent was refused on the grounds I was refused. I am confused and dont what to do. Any suggestions are most welcome please.
Do you have more than 6 months left on your current valid passport?

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