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Tier 1 dependent VISA refused

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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vishal_stv
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Tier 1 dependent VISA refused

Post by vishal_stv » Mon Oct 11, 2010 9:42 am

Hi Friends,

I have got refusal for tier 1 dependent VISA of my wife. The ECO has written in refusal letter that the statement I have produced didn't had sufficient funds. However, I have produced a letter from the bank for my maintainance fund requirement which states that I hold minimum XXXX funds in my account for last 90 days. The letter format is eaxctly what is mentioned on HO website.
It clearly seems that the mistake is done by ECO and he has checked the wrong statement which was not having sufficient funds instead of bank letter of my savings account where I have maintained sufficient funds. They have given me the right to appeal which I will be doing.

Can you please suggest what document should I provide with my appeal as I have already provided all the relevant document in my original application and there was a mistake done by assessment officer in checking the documents ?

geriatrix
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Re: Tier 1 dependent VISA refused

Post by geriatrix » Mon Oct 11, 2010 9:50 am

vishal_stv wrote:what document should I provide with my appeal as I have already provided all the relevant document in my original application and there was a mistake done by assessment officer in checking the documents ?
In that case you don't need to send any documents. Just explain the reasons for appeal.


regards

Son_of_Soil
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Joined: Mon Apr 05, 2010 10:20 am
United Kingdom

Re: Tier 1 dependent VISA refused

Post by Son_of_Soil » Mon Oct 11, 2010 1:19 pm

Hello
i won appeal for my wife's refusal yesterday. It was refused for two minor reasons.
1) my joint bankk account with my dad didnyy have a logo
2) my wifes statement (which were not required, we still attached as back up money) were more than 30 days old

they gave us a right of appeal. i went to walsall council yesterday and explained that , my sole bank account, my wifes sole bank account and our joint account , if we add all these , it will come to £533. wihin 10 min, judge said , my appeal is succesfull

try creating a table in excel if you showin money in diff account. i dnt think the reason they givin in your case is big one. it will b a straight one.

regards



vishal_stv wrote:Hi Friends,

I have got refusal for tier 1 dependent VISA of my wife. The ECO has written in refusal letter that the statement I have produced didn't had sufficient funds. However, I have produced a letter from the bank for my maintainance fund requirement which states that I hold minimum XXXX funds in my account for last 90 days. The letter format is eaxctly what is mentioned on HO website.
It clearly seems that the mistake is done by ECO and he has checked the wrong statement which was not having sufficient funds instead of bank letter of my savings account where I have maintained sufficient funds. They have given me the right to appeal which I will be doing.

Can you please suggest what document should I provide with my appeal as I have already provided all the relevant document in my original application and there was a mistake done by assessment officer in checking the documents ?

vishal_stv
Newly Registered
Posts: 7
Joined: Thu Oct 02, 2008 7:28 pm

Post by vishal_stv » Mon Oct 11, 2010 4:59 pm

Thanks for your responses, they have not checked my bank letter which states clearly that I hold more then enough funds xxxx in my account for last 90 days. But unfortunately they haven't looked into that letter and checked the bank statement which I have submited as the supporting document to check my last six month salary credit in that account.
As per my understanding this seems a mistake from assessment officer as he didn't read tha cover letter and sponser letter where i have clely mentioned about supporting documents for each requirement.

Can you please let me know if there is a probability that my case will be be settled without hearing ?
if it goes for hearing how much time it will take ?

geriatrix
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Post by geriatrix » Mon Oct 11, 2010 5:08 pm

vishal_stv wrote:Can you please let me know if there is a probability that my case will be be settled without hearing ?
Highly likely, given the information you've posted.
vishal_stv wrote:if it goes for hearing how much time it will take ?
Months!


regards

vishal_stv
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Joined: Thu Oct 02, 2008 7:28 pm

Post by vishal_stv » Mon Oct 11, 2010 5:19 pm

I really appreciate your quick response. This is really a very helpful portal for migrants. Can you also please advice on one more thing. They have mentioned wrong nationality of my wife 'NEPAL' in refusal letter even she is an INDIA citizen and her passport clearly shows that.
Can we also highlight this thing in our appeal ?

geriatrix
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Post by geriatrix » Mon Oct 11, 2010 5:24 pm

Do so, for sure! Leave no opportunity to let them know that the caseworker / ECO has been careless. :wink:


regards

vishal_stv
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Joined: Thu Oct 02, 2008 7:28 pm

Post by vishal_stv » Mon Oct 11, 2010 5:40 pm

Thanks !!

This really boost me to go ahead with the appeal. Many thanks for all your help !!

Son_of_Soil
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Post by Son_of_Soil » Tue Oct 12, 2010 10:17 am

hi
its true that visa officer has been careless and i am not surprised of that.
in my case thy asked my relationship with my dad. riduculous! they could easily check the passport. They dnt use commen sense .
anyway if you go ahead with the hearing , it can take upto 6 months.
but i would suggest to go for admin review, which they dnt always consider, but no harm in trying.

vishal_stv wrote:I really appreciate your quick response. This is really a very helpful portal for migrants. Can you also please advice on one more thing. They have mentioned wrong nationality of my wife 'NEPAL' in refusal letter even she is an INDIA citizen and her passport clearly shows that.
Can we also highlight this thing in our appeal ?

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

Post by geriatrix » Tue Oct 12, 2010 10:21 am

Son_of_Soil wrote:but i would suggest to go for admin review,
AR is only for the applications by the main PBS migrant, not dependent applications.


regards

Son_of_Soil
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Joined: Mon Apr 05, 2010 10:20 am
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Post by Son_of_Soil » Tue Oct 12, 2010 3:32 pm

i was given the option of admin review for my wife refusal, however its not always teh case.and they dnt gurantee that they will review the decision based on AR.most likely it will goto appeal process.
sushdmehta wrote:
Son_of_Soil wrote:but i would suggest to go for admin review,
AR is only for the applications by the main PBS migrant, not dependent applications.


regards

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
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Post by geriatrix » Tue Oct 12, 2010 3:50 pm

You are probably the only one to be given the option of admin. review for dependent application!
Do dependants have a right of appeal? wrote:Administrative review is the process used to look at whether claimed points have been correctly assessed and therefore only applies to the main migrant. Applications for entry clearance made by dependants are not assessed on ‘points’.

regards

vishal_stv
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Joined: Thu Oct 02, 2008 7:28 pm

Post by vishal_stv » Tue Oct 12, 2010 4:25 pm

This is true admin review is only available for main PBS applicant but not for any dependents. I have verified this with the VFS also.

vishal_stv
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Posts: 7
Joined: Thu Oct 02, 2008 7:28 pm

Hi

Post by vishal_stv » Mon Nov 15, 2010 5:30 pm

Hello freinds,

There is some good news I want to share with you all. I got my wife dependent appeal approved at post only before going to tribunal(I had anticipated the same).
I thanks to all admistrators and gurus who keep helping with their invaluable guidance to all visitors.

Application flow
Original application send: 24Aug2010
Refusal received:23Sep2010
Appeal send:23Oct2010
Decision overturned: 11Nov2010

Few things I want to share.
1.British ambassy seems to be very uncooperative throughout the application process.
2.If you think you have produced all the correct documents then no need to worry. Just make sure that application should be clear, you put every explanation in simple and short sentences, check quality of documents there should be no confusion and doubt in documents.
3.It’s always less risky to win appeal, than apply for new application after your visa refusal.
4.When you query at ambassy never trust on what they say just keep cross verifying the status.

Contact me if you have any further queries
Vishalstv.40@gmail.com

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