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.
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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