Tier-1 dependent visa refusal

narendra_ydk · Post by **narendra_ydk** » Tue Apr 19, 2011 1:22 pm

Hi,
I am in uk in tier-1 general visa from 24-09-2010 and I applied for visa for my wife and kid with funds 4000 +1000 extra. i.e 1600+1600+800 and marriage certificate with all relevant documents.
today (i.e. 19th April) we recevied renjected applications with below reasons:

You have applied along with your son to join your spouse in the UK who is on a Tier 1 migrant visa"
Your spouse has been in the UK since September 2010. As your spouse has been in the UK less
than 12 months you are required to show funds of t2800 for your spouse, and f 1600 for each
dependant, therefore a total of t6000. You have provided a bank statement from HSBC Bank
however you have not maintained the level of funds as required for the period required.
Fufihermore as your spouse has been in the UK since September you have not provided any
evidence of contact or a subsisting relationship. Therefore I am not satisfied as:-
(d) The marriage or civil paftnership, or relationship similar to marriage or civil partnership, must
be subsisllng at the time the application is made.
(g) There must be a sufficient level of funds available to you, as sef out in Appendix E.

Could anyone help what is fund that I need to maintain beeing in UK.

Thanks.
Naren.

Post by **geriatrix** » Tue Apr 19, 2011 2:35 pm

Appeal the refusal.

Policy guidance on dependants of points-based system migrants wrote:42. For example, the Tier 1 Migrant has been in the UK for 6 months and is making an application at the same time as his/her spouse and two children. He/she must show that he/she has Â£1600 for his spouse and a further Â£1600 for each child, in addition to Â£800 required for his/her own support. In total the family will require evidence that they hold Â£5600 in available funds (Â£1600 x 3 = Â£4800 + Â£800).

narendra_ydk · Post by **narendra_ydk** » Tue Apr 19, 2011 2:53 pm

Thanks and any idea if go for appeal how long will it take the process to get the visa.

jhansi_82 · Post by **jhansi_82** » Wed Apr 20, 2011 6:13 am

Hi when did u apply 4 the visa .for the appeal it may take around 48 days

Tej · Post by **Tej** » Wed Apr 20, 2011 9:23 am

Hi

When did you apply for visa and from which center of India?

narendra_ydk · Post by **narendra_ydk** » Wed Apr 20, 2011 9:37 am

I have applied 24th march and it is rejected on 19th April (Hyderabad VFS center).
maybe before this weekend I am planning to appeal.
Even I heard it will take 45 days.
I have one more quick question:
After 45 days if we do not receive responce could we stop the appeal and go for fresh application?

Post by **geriatrix** » Wed Apr 20, 2011 4:08 pm

narendra_ydk wrote:After 45 days if we do not receive responce could we stop the appeal and go for fresh application?

You may submit a fresh application anytime you wish to.

See also PL1.20 Applicant makes fresh application while an appeal is outstanding.

narendra_ydk · Post by **narendra_ydk** » Wed Apr 20, 2011 11:27 pm

thanks you very much for your responce.

tirfk · Post by **tirfk** » Wed Apr 27, 2011 10:18 am

narendra_ydk wrote:thanks you very much for your responce.

I applied for my son's visa at vfs Hyd.. on 23rd march 2011. entry clearance refused on the below grounds.. on 20th april 2011.. for Tier 1 general dependent visa..

As evidence of funds you have shown: Lloyds TSB bank statements for the last 3 months: These statements shows the available balance (that meets the requirements of the published guidance) as GBP 2035. However the bank statement does not contain the bank logo as required by the published guidance

You have not shown any other evidence of funds.

I have maintained only Â£800.. Do I have a chance if I appeal?

tirfk · Post by **tirfk** » Wed Apr 27, 2011 10:19 am

narendra_ydk wrote:I have applied 24th march and it is rejected on 19th April (Hyderabad VFS center).
maybe before this weekend I am planning to appeal.
Even I heard it will take 45 days.
I have one more quick question:
After 45 days if we do not receive responce could we stop the appeal and go for fresh application?

Did you appeal? Please update us with the process.

srinil123 · Post by **srinil123** » Wed Apr 27, 2011 11:03 am

narendra_ydk wrote:Thanks and any idea if go for appeal how long will it take the process to get the visa.

it can take up to 6 to 9 months and i fall in the same category as of yours and seeking help i was told that my husband as he is in uk he just need to show 1600 pounds for myself and he need to have to show anything for him as he is in uk i was refused the dependent visa on the same grounds as of yours i am not going for appeal instead applying for a fresh application shortly...

narendra_ydk · Post by **narendra_ydk** » Wed Apr 27, 2011 12:36 pm

I am going for administration review instead of appeal. Administration review, as I heard it will take 45 days max.
I sent a an email to below mail ids with my clarifications:
publicvisaenqs@homeoffice.gsi.gov.uk
UKBApublicenquiries@ukba.gsi.gov.uk
and I got positive response and I am attaching them along with my application.

Post by **Greenie** » Wed Apr 27, 2011 12:44 pm

you can't apply for admin review in PBS dependent cases.

narendra_ydk · Post by **narendra_ydk** » Wed Apr 27, 2011 2:15 pm

I received IAFT2 form along with rejection letter. In that I opted for Papers instead of Oral hearing. So I am assuming this is an administration review.

tirfk · Post by **tirfk** » Wed Apr 27, 2011 2:43 pm

narendra_ydk wrote:I received IAFT2 form along with rejection letter. In that I opted for Papers instead of Oral hearing. So I am assuming this is an administration review.

I dont think thts admistrative review.. It means they will decide your case on the supporting documents you have sent along with appeal. However, if you have a representative in the UK it will go for hearing to a judge if the POST thinks their original decision is correct.. else they will take final decision without going to a judge... Administrative review is only for main applicant where his/her Tier 1 visa is refised..

Post by **Greenie** » Wed Apr 27, 2011 2:50 pm

narendra_ydk wrote:I received IAFT2 form along with rejection letter. In that I opted for Papers instead of Oral hearing. So I am assuming this is an administration review.

no it is not admin review. it is a paper appeal rather than an oral appeal.

tirfk · Post by **tirfk** » Wed Apr 27, 2011 2:52 pm

narendra_ydk wrote:I received IAFT2 form along with rejection letter. In that I opted for Papers instead of Oral hearing. So I am assuming this is an administration review.

Have you applied yet?

narendra_ydk · Post by **narendra_ydk** » Wed Apr 27, 2011 2:57 pm

Yes, I have applied.

tirfk · Post by **tirfk** » Wed Apr 27, 2011 2:58 pm

narendra_ydk wrote:Yes, I have applied.

Fingers crossed mate., Bes wishes.. I'll be applying sooner..

ibs_1221 · Post by **ibs_1221** » Wed Apr 27, 2011 4:08 pm

tirfk wrote:
narendra_ydk wrote:Yes, I have applied.
Fingers crossed mate., Bes wishes.. I'll be applying sooner..

Hi Narendra/Trifk,

i just saw this post. my dependents application (my wife & my kid) is also rejected for similar reasons ( sponsor should show Â£2800 if he is staying less than 12 months)

http://www.immigrationboards.com/viewto ... 304#472304

i applied on 25th Feb, got rejection letter on 20 march and applied on 4th April. waiting for updates

still not get any acknowledgement from BHC Chennai. How about you?

tirfk · Post by **tirfk** » Wed Apr 27, 2011 5:19 pm

ibs_1221 wrote:
tirfk wrote:
narendra_ydk wrote:Yes, I have applied.
Fingers crossed mate., Bes wishes.. I'll be applying sooner..
Hi Narendra/Trifk,

i just saw this post. my dependents application (my wife & my kid) is also rejected for similar reasons ( sponsor should show Â£2800 if he is staying less than 12 months)

http://www.immigrationboards.com/viewto ... 304#472304

i applied on 25th Feb, got rejection letter on 20 march and applied on 4th April. waiting for updates still not get any acknowledgement from BHC Chennai. How about you?

Your case seem to be quite staight forward.. hopefully you should win your appeal...
Mine isnt that direct.. I yet to apply as am waiting for some documents.. I'll apply next week.. But meanwhile keep posted.. whoever hears something from BHC..

tirfk · Post by **tirfk** » Wed Apr 27, 2011 5:45 pm

http://www.immigrationboards.com/viewto ... al+process

narendra_ydk · Post by **narendra_ydk** » Wed May 18, 2011 10:34 am

on 14th I received the acknowledgement. let see how long it will take to process the appeal.

narendra_ydk · Post by **narendra_ydk** » Mon May 30, 2011 10:51 pm

I am happy to inform you that I got the decision on my appeal and it is positive
i.e decision overturned

mat101 · Post by **mat101** » Tue May 31, 2011 9:50 am

Hi narendra_ydk,

Thanks for your reply.

Can you please post all the details of appeal process? It seems like you followed a different path for appeal....

Cheers
m@T

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