Administrative Review decision

[vikrant123]

I have received the letter from British High Commission saying that they have not turn the ECO decision in AR.

However, they have revoked the 320 7(b) from my case. They have again hasn't considered my Barclays Bank Statement, hence they haven't awarded me points for Maintenance.

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Below mentioned are the comments by Administrative Reviewer:

Administrative Review under the Points Based System:

You applied for the Entry Clearance to the United Kingdom under Tier 1 (General) Migrant of Points Based System. Your application failed to meet the qualifying criteria and was refused on 09/08/10. Your request for Administrative Review was received on 03/09/10.

You have stated that the ECO failed to properly consider evidence submitted with the application. However, I have reviewed your application and I am satisfied that the decision to refuse your entry clearance was correct.

Your application was refused as you failed to achieve the claimed points for maintenance and also in accordance with paragraph 320 7(b) for having previously worked in excess of twelve months of employment.

In your review you stated that the Barclays statements have been stamped and are accompanied by a letter from the bank confirming their authenticity. You have also stated that you worked for just under one year and provided the letters to effect.

I am satisfied after your review that your period of employment in the UK in 2009/10 did not exceed twelve months. I note that the last payslip provided was dated mid June, 2010 and you left the UK shortly after this. I am satisfied on the balance that your employment did not exceed the maximum permitted. Refusal under paragraph 320 7(b) is therefore revoked.

You provided two sets of UK Bank Statements to evidence the Maintenance requirement. Those from Lloyds TSB were accepted as they contained the logo. There was however insufficient funds in account to meet the Maintenance requirement.

Your statements from Barclays did not contain a logo. They were stamped by a branch in Hounslow and you also provided a letter from the Customer Service Centre in Leicester (from where the documents were obtained) as evidence of authenticity.

The guidance relating to the format of bank statements clearly states that bank statement must contain a bank logo, unless the account is of electronic variety (i.e. internet account). In this case statement can be stamped/signed and accompanied by a covering letter. I am satisfied that your account with Barclays is not an electronic account (even though you may be able to access your details over the internet). The statements state that it is a current account/cash card account. I am further satisfied this is not an electronic account as you needed to contact the Customer Service Centre to obtain duplicate statements, rather than direct from an electronic source.

In light of above, I am satisfied that the bank statements and cover letter from Barclays was correctly discounted and you therefore failed to achieve the necessary ten points for maintenance.

After this review the decision to refuse Entry Clearance is maintained.

If you still wish to apply under Tier 1 (General) Migrant of the Points Based System, you will need to make a fresh application. This should be made on the appropriate application form. Supporting evidence should include the evidence supplied with any previous application and any new evidence or additional information you wish to include. A new fee will also be payable. For guidance please visit: - http://www.vfs-uk-in.com/pbsguidance.aspx
Your Sincerely

Administrative Reviewer
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I really dont understand, I submitted the same initial one year statement, which I requested from Barclays Bank, when I initially applied and now I also submitted the Barclays Bank statement, which I used to get at home in London on monthly Basis.

Initial 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 Bank 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. Moreoever first page of the Barclays Bank statement states that its a duplicate statement requested by account holder, for any queries contact the concerned department , contact numbers are also provided.

However, now at the time of AR, I have also submitted the one year Monthly Barclays Statement as well, which has logo, Bank Logo, Account Numbers, Sort Code, My Name , Address, date on every page.

They haven't even consider that statement as well.
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Now I am stuck at this stage, what to do. I can't even score 100 points to re-apply.

Please do guide me the next course of action.

Regards,
Vikrant

[geriatrix]

However, now at the time of AR, I have also submitted the one year Monthly Barclays Statement as well, which has logo, Bank Logo, Account Numbers, Sort Code, My Name , Address, date on every page.

One cannot submit additional / new documents at the time of AR other than those to overturn refusal under General grounds of refusal. Clearly explained in the Annex C of the policy guidance.

Since the bank statements were not the reason for refusal under General grounds for refusal, they have not been considered. On the other hand, employer letter(s) were accepted as they were relevant to the decision under General grounds of refusal.

For benefit of others reading the post, reading Need Advice on my Tier -1 General Visa refusal will help understand case background.

regards

[vikrant123]

Thanks for your reply.

I do understand that they have accepted my Employer Letter, however, I fail to understand that why they were not satisfied that initial bank statement was requested by me and it clearly states that on the Barclays Statemen that its copy of your bank statement as requested by the account holder.

There were 2 reasons for resfusal; (1) Maintenance under 245 (c) and (2) 320 7(b)

Thank GOD atleast 320 7(b) has been revoked.

Is there a way, where I can escalate this concern to Higher Authorities at British High Commission or to contact someone?


Please do guide me, what should I do now? I cant even go for fresh application coz I dont get 100 point now.

Looking for your sincere advice.

Regards,
Vikrant

[geriatrix]

IMHO, there is nothing to escalate and no ground for another review as the (Barclays) bank statements (submitted initially) do not meet the prescribed criteria ... and it is clearly explained in the letter you have received. Reading this topic will be helpful.


regards