Tier 1 depdent visa Refusal

[ibs_1221]

Dear All,

As per the expert advice i appealed last week.

I just notied that new the immigration rules updated ( looks site is updated after April 6th 2011. ) in Appendix C Section

I am staying less than 12 months ( from Aug 21,2010) in UK,How much funds i should maintain if iam going for dependent Visa. Should i look for

applying for entry clearance ?? Section
or
applying for leave to remain

I am worried now.. HOW did Caseworker will treat my appeal ? any idea. Please advice.

New rules says below: http://www.ukba.homeoffice.gov.uk/polic ... appendixc/


Tier 1 Migrants
1. An applicant applying for entry clearance or leave to remain as a Tier 1 Migrant (other than as a Tier 1 (Investor) Migrant) must score 10 points for funds.
2. 10 points will only be awarded if an applicant:
(a) applying for entry clearance, has the level of funds shown in the table below and provides the specified documents, or

Level of funds Points
£2,800 10


(b) applying for leave to remain, has the level of funds shown in the table below and
provides the specified documents.
Level of funds Points
£800 10

I appealed today. Thanks a lot Anand for the Replay it gives me some hope i will keep all my updates on status..

I have a quick question. How much time the appeal process will take? any idea. Missing my family

really appreciate your help.

Regards,
Zaki.

I do not agree with Ali. I am in UK from Oct 2010 , applied for Dependent Visa for My wife and Kid at VFS Bangalore in Feb 2011. Maintained only 1600X2+800(self) 4K GBP equivalent INR in Wifes account. Attached a UK HSBC bank statement with trx just for the sake of it .

Got there Visa properly in 3 weeks without any fuss . Wonder why the ECO dont understand or are confused abt the maintainanance when its clearky explained in the EXAMPLE in Guidence note for less than and more than 1 year.

I think you should go for reappeal immediately.

Good luck
Anand

Dear All

I have applied for Tier 1 dependent visa in India ( VSF Hyd) for my wife and my Kid and got refused based on insuffificent funds as per section 319(c) of HC 395 appendix E. Saying if the sponsor staying less than 12 months The Sponsor must maintain £2800.(Where as i have showed £ 800 )

I am staying in Uk more than 6 months so i have maintained total funds £ 4400.



£1600 ( my wife) + £1600 ( my kid) + 800 ( my self) = £ 4000

i have showed total funds(£4400) by Refering the PBS (Dependent) document -> Page no: 10 -> point 42.

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf


Page no: 10 -> point 42.


i have gone thought the immegration rules below link but could not say about the Sponsor funds clearly ? Please advice.

http://www.ukba.homeoffice.gov.uk/polic ... appendixe/


Please suggest me shall i go for appeal? need your help urgently waiting for your answer.

Appreciate any inputs on this. Thanks in advance.

Note: the same day me & my friend applied for dependent Visa with same funds even my friends depenent visa also rejected but this time not same reason ( not satisfied with marriage ccertificate and no marriage snaps included )

so my advice to all who ever going to apply for Tier 1 depdent visa be carefull

Hi,

Here is the equation for you ( your stay is less than a year here )

£1600 ( my wife) + £1600 ( my kid) + 1600 ( my self) = £ 4800

[knowhow]

Hi ibs,

Just have a look more carefully. It states for entry clearance or leave to remain. I believe u have tier 1 and you applied for dependent visa for your wife n kid. So, don worry. keep ur fingers crossed

cheers

Dear All,

As per the expert advice i appealed last week.

I just notied that new the immigration rules updated ( looks site is updated after April 6th 2011. ) in Appendix C Section

I am staying less than 12 months ( from Aug 21,2010) in UK,How much funds i should maintain if iam going for dependent Visa. Should i look for

applying for entry clearance ?? Section
or
applying for leave to remain

I am worried now.. HOW did Caseworker will treat my appeal ? any idea. Please advice.

New rules says below: http://www.ukba.homeoffice.gov.uk/polic ... appendixc/


Tier 1 Migrants
1. An applicant applying for entry clearance or leave to remain as a Tier 1 Migrant (other than as a Tier 1 (Investor) Migrant) must score 10 points for funds.
2. 10 points will only be awarded if an applicant:
(a) applying for entry clearance, has the level of funds shown in the table below and provides the specified documents, or

Level of funds Points
£2,800 10


(b) applying for leave to remain, has the level of funds shown in the table below and
provides the specified documents.
Level of funds Points
£800 10

I appealed today. Thanks a lot Anand for the Replay it gives me some hope i will keep all my updates on status..

I have a quick question. How much time the appeal process will take? any idea. Missing my family

really appreciate your help.

Regards,
Zaki.

I do not agree with Ali. I am in UK from Oct 2010 , applied for Dependent Visa for My wife and Kid at VFS Bangalore in Feb 2011. Maintained only 1600X2+800(self) 4K GBP equivalent INR in Wifes account. Attached a UK HSBC bank statement with trx just for the sake of it .

Got there Visa properly in 3 weeks without any fuss . Wonder why the ECO dont understand or are confused abt the maintainanance when its clearky explained in the EXAMPLE in Guidence note for less than and more than 1 year.

I think you should go for reappeal immediately.

Good luck
Anand

Hi,

Here is the equation for you ( your stay is less than a year here )

£1600 ( my wife) + £1600 ( my kid) + 1600 ( my self) = £ 4800

[spzenthil]

Just an update

I just called up BHC chennai and confirmed the appeal documents have been received. It have been sent to the EC officer. I have been asked to call back after 1 week to hear any updates.

Thanks,
-Senthil

[successatlast]

Hi Senthil,

Did you receive any acknowledgement for your appeal before you call BHC, Chennai. My husband has submitted his appeal at BHC,Mumbai almost 2 weeks before. There is no reply yet from BHC. Is there any way to contact BHC Mumbai through email or phone?

Thanks in advance.

[spzenthil]

Hi,

I didnt receive any acknowledgement from BHC, chennai. I called up and followed up with email to confirm the documents have been received and it is with a visa officer. You can reach BHC bombay through Mumbai.visaenquiries@fco.gov.uk. or (022)66502181 Mon-Thurs 13:30 to 16:00 hrs and Fri 08:00 to 10:00 am.

All the best.

[successatlast]

Thanks for your reply, Senthil.

My husband did try many times to contact BHC,Mumbai on the mentioned number. Ne never got through this number and if at all he gets through there is only the recorded message being played. He did try to reach them through email, but no reply to his email since more than 1 week.

It's all so frustrating for us.

Please do update the forum about ur appeal.

Regards.

[tirfk]

Just an update

I just called up BHC chennai and confirmed the appeal documents have been received. It have been sent to the EC officer. I have been asked to call back after 1 week to hear any updates.

Thanks,
-Senthil

Hello Senthil, any update yet?

[tirfk]

Hi Spzenthil,
I feel you.In my case,I've been in d UK for over 1year when my dependant applied for dependent visa outside UK.I maintained £533 ONLY for my dependant for 90days but d visa was refused on d ground that I didn't maintainted £800 as d sponsor.Immediately, I rang and sent an email to d ECO in my home country to show my annoyance as I've already gotten my PSW visa and fulfil all d necessary rules.Why should I maintained another £800?To cut d story short,they rang my dependant after few days and grant her visa.I thnk u only need to show £3200.

Can you please eloborate on this?
Thank you

[narendra_ydk]

I have appealed for my Wife and kid. Can we call them for the status?
if we can, could any one provide email id and contact number for Chennai visa office.

[ibs_1221]

Hi Narendra,

Even i too appealed for my wife and kid on 6th of April 2011. still I didnt receive any acknowledgement from BHC, chennai. i called many times they are saying it will take 6 months to process. do't know what to do?


one of my friend appealed on 25th March 2011. got the acknowledgment from chennai BHC on 15th of April. i am waiting for that. i will let u know the status..

I have appealed for my Wife and kid. Can we call them for the status?
if we can, could any one provide email id and contact number for Chennai visa office.

[narendra_ydk]

Thanks for the reply. lets wait N see.

[spzenthil]

Hi,

I have got my wife's appeal successful and got the visa stamping for my wife as well. Thanks all for your support and guidance while I am trying to figure this out. Just posting the timelines below for the benefit of other members.

Date of Appeal : 6/4/2011
Appeal reaching BHC, Chennai : 6/4/2011
Date of supporting documents sent to BHC chennai : 9/4/2011
Date of decision got revoked and letter sent from BHC, chennai : 28/4/2011.
Date of letter received by me : 4/5/2011.
Date of submitting the passport in VFS, Bangalore : 6/5/2011.
Date of collecting the passport from VFS, Bangalore : 18/5/2011.

I have been asked to submit the passport in VFS, bangalore office and in the VFS office they have collected the passport and mentioned to me I should get a call in 5 working days to come and collect the passport back from VFS office. I waited 7 working days didnt get any call (my mobile was not reachable on couple of hours on 7 day, not sure whether they called me during this time) My friend visited the VFS office on the 8th day for his document submission and I have asked him to check whether they have received the passport and they already had it. Didnt get any good response for why I didnt get a call on my mobile. But anyways my friend collected the passport for me

Not sure whether they follow the same process in appeal everywhere else also, just posting my experience here.

Thanks again for all the support and good luck for all.

Thanks,
-Senthil

[ibs_1221]

Hi,

I have got my dependants appeal successful.

Date of Appeal : 5/4/2011
Appeal reaching BHC, Chennai : 6/4/2011
Date of decision got revoked and letter sent from BHC, chennai : 12/5/2011.
Date of letter received by me : 19/5/2011.
Today we have submitted the passports in VFS, Hyderabd: 20/5/2011.

I hope i will get the visa in couple of weeks;

Thanks again for all the support and good luck for all.

[reddybbn]

Hi senthil/IBS/others,

Can you please provide the answers which you have written while appealing with IAFT-2 form?

I am filling up the appeal form and have few questions regarding the same.

1. What would be the type of decision? setttlement/non-settlement/family visit.
(the visa was rejected on the grounds of insufficient funds)


2. is the refusal a points based system (PBS) decision? yes/no.
(the visa is tier 1 dependent visa so which one is the right choice?)

3. Name of decision making post?
(is the decision making officer name or his post "Entry clearance officer")?

4.Infant kid has to fill the same form? if yes can she put a thumbprint on the signature field??

Appreciate any inputs on these queries and would help me filing the application.

Regards,
Narayana.

[spzenthil]

Hi Narayana,

All these questions I have already asked in the same thread,

1. What would be the type of decision? setttlement/non-settlement/family visit.
it is non-settlement

2. is the refusal a points based system (PBS) decision? yes/no.
Yes
(the visa is tier 1 dependent visa so which one is the right choice?)

3. Name of decision making post?
Yes the Entry clearance office at XYZ location
(is the decision making officer name or his post "Entry clearance officer")?

4.Infant kid has to fill the same form? if yes can she put a thumbprint on the signature field??
I am not sure about this part, please call the appropriate BHC office and check with them.

Regarding the timelines also I have put it in this thread above. please check.

All the best for your appeal.

Cheers!!
-Senthil

[ibs_1221]

Hi,

i won my appeal in June & got visa. my dependents has been in UK from June'11.

but last week i got the appeal rejection letters from UK office saying your appeal Rejected & please reapply it.

Now I am Confused: What does this Mean? shall i write a letter to uk immigration saying my application is reasolved already ? is that create any issues for my extension next year ?

Experts...please advise me. Thanks in Advance.

Hi,

I have got my dependants appeal successful.

Date of Appeal : 5/4/2011
Appeal reaching BHC, Chennai : 6/4/2011
Date of decision got revoked and letter sent from BHC, chennai : 12/5/2011.
Date of letter received by me : 19/5/2011.
Today we have submitted the passports in VFS, Hyderabd: 20/5/2011.

I hope i will get the visa in couple of weeks;

Thanks again for all the support and good luck for all.

[geriatrix]

Your dependants have been issued leave by UKBA and they entered UK based on this "valid" leave to enter.

If UKBA has goofed up internally, it is their problem ... not yours or your dependant(s). UKBA cannot curtail any leave without a reason (reasons as prescribed under law) .. and "issued by mistake" is not amongst those reasons.

IMHO ....

[ibs_1221]

Thanks Sushdmehta. your replay take my worries..

To be safer side, Should i update my dependents visa status by writing a email to UKBA? ( so that they can update their records ) please advise. Thanks.

Your dependants have been issued leave by UKBA and they entered UK based on this "valid" leave to enter.

If UKBA has goofed up internally, it is their problem ... not yours or your dependant(s). UKBA cannot curtail any leave without a reason (reasons as prescribed under law) .. and "issued by mistake" is not amongst those reasons.

IMHO ....

[geriatrix]

Sure, do write to them.
Inform them that your appeal was successful and leave issued, and include copies of the vignette issued. Ask them to check their records and make corrections as required.

Send the letter by recorded post and keep the proof of posting safe. Also keep a copy of the letter in safe possession.

[gnrajesh]

Hi Senthil/All,

My wife dependent visa is refused because of fund maintenance statements. I had taken Fund maintenance statements from HSBC branch with HSBC letter head on the paper. HSBC mentioned no need to stamp & sign as the statement is on HSBC letter head.

Chennai visa centre has refused the application saying no stamp & sign on statements and also no authenticity letter issued by bank stating the authenticity of the statements is provided. It has mentioned, if im applying for appeal then IAFT-2 FORM AND SUPPORTING DOCUMENTS should be send to UK address.I'm planning to apply for appeal by getting the Authenticity letter and also the bank statements dispatched to my UK home address. I assume the statements dispatched to home upon request are original statements.

Is it good idea to apply for appeal or re-applying new application?
Does anyone applied for appeal recently? What is the timeline for appeal?

Yours response would be very helpful.

Many Thanks,
Rajesh

[gnrajesh]

Hi All,

Could you please reply about appeal timeline as im very much confused to go for appeal or new application?

The refusal reason is not valid as I had submitted HSBC bank statement with letter head.

Thanks,
Rajesh

[ahsanullahkhn]

na