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Tier 1 dependent visa for baby 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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tirfk
Junior Member
Posts: 99
Joined: Fri Apr 15, 2011 11:33 am

Tier 1 dependent visa for baby refused

Post by tirfk » Thu Apr 21, 2011 1:09 am

Hi there
I have been in the UK on Tier 1 since 2008 dec. I applied for my wife dependent visa in dec 2009 and got approved. My wife delivered a baby boy in dec 2010. I applied for tier 1 dependent visa for baby on march 23 through vfs hyd, and it got refused on 20th april. Below is the reason for refusal:

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'm therefore not satisfied that there will be sufficient funds available to you as set out in appendix E.
(paragraph 319C (g) of HC 395 as amended.

I have therefore refused your application.
------------
Now I have couple of questions:
First I showed funds only £800 ( thinking I need to show only £533- I called up vfs and they confirmed I have to show only £533 and in ukba website in couple of places they only mention about £533 nothing more)
Secondly all my bank statements are taken print in the bank itself with a stamp on each page.

Can I appeal? How long the appeal process takes? Do you in this case what all documents I have to add? my visa expires in dec 2011 (just in about 8 months) If I have to wait another 3 months and apply it will be too late n lot burden again in nov ( to apply a month before visa expires)
Any expert advise is very helpful.
Kind regards

vinny
Moderator
Posts: 32954
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Apr 21, 2011 2:54 am

Do dependants have a right of appeal? wrote:Dependants of points-based system Migrants have a limited right of appeal where the main applicant has had their entry clearance application refused. Where the main migrant has been successful in their entry clearance application, their dependants will have a full right of appeal, if their application is refused.

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’.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tirfk
Junior Member
Posts: 99
Joined: Fri Apr 15, 2011 11:33 am

Post by tirfk » Fri Apr 22, 2011 12:03 am

can some one pls tell me if appealing is right option in this scenario?
And is it better to send the appeal documents in the UK or in india?
thank you

smandala.in
Newly Registered
Posts: 13
Joined: Thu Mar 05, 2009 8:01 am

Post by smandala.in » Sat Apr 23, 2011 11:57 am

If you decide to send the papers to the UK Border Agency, there will be a delay before they are sent to the First-tier Tribunal (Immigration and Asylum Chamber) as post is only sent to the UK once each week.

http://www.vfs-uk-in.com/appeals.aspx

tirfk
Junior Member
Posts: 99
Joined: Fri Apr 15, 2011 11:33 am

Post by tirfk » Thu Apr 28, 2011 10:26 am

Has any one got a dependent visa while they maintained only £533?
Please share your thoughts..

Onika
Newly Registered
Posts: 10
Joined: Tue Jun 23, 2009 8:30 am
Location: manchester

Post by Onika » Thu Apr 28, 2011 8:50 pm

I think its so unfortunate that you have been refused and the case worker must have been very mean. I am also on T1 and recently got dependant visa for my 14months old late Jan 2011 i applied 1st week of Dec 2010.

I only showed just over the required amount around £600, infact the case worker mailed me to say that i have only submitted bank statement for 2 months. Although by my calculation it was 3 months,i sent further bank statement and it was given.

I think you can appeal and back it up with a cover letter to say you provided all that was required.

tirfk
Junior Member
Posts: 99
Joined: Fri Apr 15, 2011 11:33 am

Post by tirfk » Fri Apr 29, 2011 8:17 pm

Onika wrote:I think its so unfortunate that you have been refused and the case worker must have been very mean. I am also on T1 and recently got dependant visa for my 14months old late Jan 2011 i applied 1st week of Dec 2010.

I only showed just over the required amount around £600, infact the case worker mailed me to say that i have only submitted bank statement for 2 months. Although by my calculation it was 3 months,i sent further bank statement and it was given.

I think you can appeal and back it up with a cover letter to say you provided all that was required.
Thanks Onika.. I'm just waiting for the bank statements.. these bank holidays so many.. just waiting for them.. I hope I win my appeal...

tirfk
Junior Member
Posts: 99
Joined: Fri Apr 15, 2011 11:33 am

Post by tirfk » Thu Jun 09, 2011 8:29 am

Update..!

I appealed and won the appeal. They r issuing the visa for the baby..
Appeal timelines..

Visa refused: 19th April 2011 (vfs hyderabad)
appealed: 14th May 2011 (reached bhs on 16th may - checked through speed post)
Desicion revoked letter issued: 09 June 2011.

I'll be submitting the passport for visa stamp.
Thanks every one.

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