dependent visa

[dineshsethiya]

Hi All,

My brother's wife and his son's visa( under Tier-1 dependent) is refused because missing of a seal from bank on bank statement. We are going to send appeal form along with documents. They originally applied from Bangalore, India which come under Chennai high commission.

My query here is that since it is a straight forward case, should we send the appeal form to UK Tribuanl office or should we send to Chennai office. The note with the refusal says that we can send it any of this place. But I need advise from people on this.

Many thanks in advance.

[geriatrix]

If you lodge the appeal at the issuing post (Chennai, in your case) and if a review deems the refusal to be in error or that the decision that can be overturned at the local level (in light of evidence(s) you provide), then you'll get a result (approval) much faster as the appeal will not be forwarded to UK.

So it depends on the grounds of appeal and the evidence(s) you provide to support your claims ... if you feel that a decision can be overturned at the local level, then lodge appeal at BHC (and not in UK). But no one call tell you if the decision will be overturned at the local level or not!


regards

[chandu1234]

yeah perfect.

[dineshsethiya]

Thanks a lot Sushdmehta, Chandu for your advise. We are going to send appeal to Chennai office only. I need little more inputs. In appeal form under "Grounds of your appeal" section it says that "You must let us know the reasons you disagree with the decision on the Notice of Decision document." , basically in our case we forgot to get the bank seal and signature on the bank statement because bank said it is not require. so it was a mistake from our side and since seal and signature were mandatory ECM refused our visa. So my query here is that though we don't disagree with ECM decision but now we want to produce the bank statement with seal & signature. so what we should write in this section. Should we say that we honor the decision and by mistake we forgot it and now we are producing the proper document and request ECM to overturn the previous decision. I mean in our reply should we mention something about his decision or just should we say that we made a mistake and now we have taken seal & signature of bank and producing the statement again.

I solicit inputs from this group.

Many thanks in advance.

Regards.
Dinesh

[chandu1234]

pls post the BHC refusal comments as like in the letter.

[dineshsethiya]

Hi,

The exact decision mentioned in the refusal letter is as below:

"You have applied for entry clearance as the dependent of your husband.In support of your application, you have submitted copies of your husband's Barclays Bank and ICICI bank statements. the guidance for these documents states that 'This evidence must be original, on the offcial letter-headed paper or stationery of the organization and bearing the offcial stamp of that organization.It must have been issues by an authorises official of that organization.' this means that the information provided in both documents do not meet the funding requirements.

I have therefore refused your application because I am not satisfied on the balance of probaabilities, that you meet all of the requirements of the above paragraph 319H(g) of the immigration rule."


Actually as I said we presented the bank statement on the official letter head of the bank but those were not having any seal & signature on them.
So ECM was right in his decision but now what should we write in the reply. should we simply say that it was a mistake from our side.

Please suggest what should be our reply.
My sincere thanks in advance.

Thanks & Regards,
Dinesh

[chandu1234]

jst says that..we have submitted the original bank statements..as per the guidlines....for more clarification we are submitting again with supporting letter from bank about my funds.

[chandu1234]

appeal will take 2-3 months

[pennylessinindia]

if it is a mistake from your side as you say you should reapply and submit correct documents

[dineshsethiya]

if it is a mistake from your side as you say you should reapply and submit correct documents

Ya, it was a mistake from our side but reapply means again we need to pay the fee and since it is a simple case in which seal & signature are missing, we are planning to appeal with supporting documents.

[dineshsethiya]

jst says that..we have submitted the original bank statements..as per the guidlines....for more clarification we are submitting again with supporting letter from bank about my funds.

Thanks Mr Chandu & others. I prepared the following response for appeal. I tried to write the reason and justification. Please advise should I go ahead with the below response or should I not mention any reason and just stat that we are submitting the supporting letter from bank about maintenance fund requirement. The below is the response:( it is in BLOCK letter as asked in the appeal form)
==================================== ======




DEAR SIR/MADAM,

WITH FULL RESPECT TO THE DECISION MADE EARLIER BY ECO, I WOULD LIKE TO INFORM THE FOLLOWING TO THE DECISION MADE EARLIER:

(1) I PRESENTED THE STATEMENT FROM MY HUSBAND’S (WHO IS MY SPONSOR ALSO) ICICI BANK, INDIA ACCOUNT TO SHOW THE REQUIRED MAINTENANCE FUND. THIS STATEMENT WAS ON ICICI BANK’S OFFICIAL LETTERHEAD BUT UNFORTUNATELY ON BANK’S SUGGESTION WE DID NOT TAKE THE SEAL AND SIGNATURE OF AN AUTHORIZED PERSON ON IT. BANK SUGGESTED THAT SINCE IT IS A COMPUTER GENERATED STATEMENT, HENCE NO SEAL AND SIGNATURE WERE REQUIRED ON IT AND IT IS ACCEPTED EVERYWHERE IN THIS FORM. I APOLOGIZE FOR THIS MISTAKE AND NOW I AM SUBMITTING THE LATEST STATEMENT FROM ICICI BANK ON ITS OFFICIAL LETTERHEAD WITH SEAL AND SIGNATURE OF AN AUTHORIZED PERSON OF THE BANK ON IT.PLEASE TREAT THIS ICICI BANK STATEMENT AS A PROOF OF THE REQUIRED MAINTENANCE FUND.

(2) I PRESENTED THE STATEMENT OF MY HUSBAND’S SALARY ACCOUNT FROM BARCLAYS BANK, UK TO SHOW THAT HE IS EARNING IN UK AND WE HAVE A SOURCE OF INCOME IN UK. THIS BANK STATEMENT WAS PROVIDED AS AN ADDITIONAL SUPPORTIVE DOCUMENT AND WAS NOT MEANT TO BE TREATED AS THE PROOF OF MAINTENANCE FUND.HENCE WE DID NOT SUBMIT IT ON AN OFFICIAL LETTERHEAD OF THE BANK WITH SEAL AND SIGNATURE OF AN AUTHORIZED PERSON. I SINCERELY APOLOGIZE IF IT CAUSED ANY CONFUSION. HOWEVER NOW I AM SUBMITTING THE LATEST STATEMENT FORM BARCLAYS BANK ON ITS OFFICIAL LETTERHEAD WITH SEAL AND SIGNATURE OF AN AUTHORIZED PERSON OF THE BANK ON IT. SINCE THE BALANCE IN OUR ICICI BANK ITSELF IS SUFFICIENT TO MEET THE REQUIRED MAINTENANCE FUND, SO PLEASE DO NOT INCLUDE THE BARCLAYS BANK STATEMENT FOR CALCULATING THE MAINTENANCE FUND. IT IS JUST AS AN ADDITIONAL SUPPORTIVE DOCUMENT.

BANK STATEMENTS FROM ICICI BANK, INDIA AND BARCLAYS BANK, UK ON THEIR OFFICIAL LETTERHEADS WITH SEAL AND SIGNATURE FROM AUTHORIZED PERSONNEL ARE ATTACHED HERE FOR YOUR KIND CONSIDERATION AND APPROVAL. AS PER LATEST CONVERSION RATE FROM http://www.oanda.com/ MY HUSBAND IS MAINTAINING ENOUGH CREDIT SINCE LAST THREE MONTHS IN HIS ICICI BANK ACCOUNT FOR MAINTENANCE FUND REQUIREMENT. I KINDLY REQUEST YOU TO PLEASE GRANT ME DEPENDENT VISA AT THE EARLIEST, SO THAT I CAN JOIN MY HUSBAND IN UK.

MANY THANKS IN ADVANCE.

SINCERELY YOURS,



==========================================

Members in this group please advise if the above response is OK. We don't want to take any risk further hence I'm asking suggestion for each and every thing from this group.My sincere thanks in advance to everyone.

Regards,
Dinesh

[dineshsethiya]

Dear Everyone,

I would like to thanks everyone. We have got the visa approval now. I'm very amazed that it took only 18 days to get the decision overturned. Today we got the call and mail from Chennai office that our appeal has been accepted and the original decision has been overturned and we have been given the visa approval.

Thanks a lot.

Regards,
Dinesh