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Dependent Visa Refusal

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

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aakkoo
Member
Posts: 181
Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Dependent Visa Refusal

Post by aakkoo » Fri Oct 14, 2011 11:32 am

Hi folks,

Yesterday got the bad news of my wife visa refusal. The reason the mentioned is:

As laid out in Apendix E of the immigration rules, you must show that your sponsor has available 533£ in avaialbe funds. In accordance with published guidance you are required to show that you have held these funds for 90 consective days. Any B statment you are submitting to meet this requirment must be dated within one month of your application. I note that no bank statement has been submitted with your application to demonstrate that you meet the maintainace requirment.Your visa submission reciepts confirms no financial document were submitted with your application form. I am therefore not satisfied that there is a suffiecient level of funds avaialble to you as set in Appendix E319C.

They have given me the right of Appeal and Administrative review.

Now i have submitted my bank statement for the last 5 months and they are saying i havent submitted my bank statements which is very strange. But i realized now that my bank statement was until 26 august and i submitted my docs on 27 sept.

Should i go for Administrative review or appeal or file a new application which of course cost me alot.

I find this forum very helpful and always took precious advice. again in need of some help.

Thx in advance.
"Pray before you are Prayed upon"

Lucapooka
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Post by Lucapooka » Fri Oct 14, 2011 2:15 pm

There is no AR for PBS dependant applications so it would be an appeal and therefore take much longer.

beecharmer1800bc
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Posts: 148
Joined: Sat Mar 27, 2010 10:43 am

Re: Dependent Visa Refusal

Post by beecharmer1800bc » Fri Oct 14, 2011 4:26 pm

aakkoo wrote:Hi folks,

Yesterday got the bad news of my wife visa refusal. The reason the mentioned is:

As laid out in Apendix E of the immigration rules, you must show that your sponsor has available 533£ in avaialbe funds. In accordance with published guidance you are required to show that you have held these funds for 90 consective days. Any B statment you are submitting to meet this requirment must be dated within one month of your application. I note that no bank statement has been submitted with your application to demonstrate that you meet the maintainace requirment.Your visa submission reciepts confirms no financial document were submitted with your application form. I am therefore not satisfied that there is a suffiecient level of funds avaialble to you as set in Appendix E319C.

They have given me the right of Appeal and Administrative review.

Now i have submitted my bank statement for the last 5 months and they are saying i havent submitted my bank statements which is very strange. But i realized now that my bank statement was until 26 august and i submitted my docs on 27 sept.

Should i go for Administrative review or appeal or file a new application which of course cost me alot.

I find this forum very helpful and always took precious advice. again in need of some help.

Thx in advance.
If your bank statement was dated till the 26th of August and you waited till the 27th of September to submit, then I'm afraid the ECO was right to deny your wife a visa.

As per the policy guidance; your bank statement must be dated within a month of you applying for the visa and so in your case you should have applied at least on or before Friday the 23rd of Sept.

Best thing to do is to re-apply.
Don't waste your time working hard-work smart

Lucapooka
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Posts: 7616
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Re: Dependent Visa Refusal

Post by Lucapooka » Fri Oct 14, 2011 5:03 pm

beecharmer1800bc wrote:Best thing to do is to re-apply.
I agree and hopefully your balance has not, in the meantime, dipped below the required sum. You'll need a new statement to reflect the new period ahead of the application date.

aakkoo
Member
Posts: 181
Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Post by aakkoo » Fri Oct 14, 2011 5:08 pm

Lucapooka wrote:There is no AR for PBS dependant applications so it would be an appeal and therefore take much longer.
Along with the refusal letter they have also sent the Administrative review letter mentioning that i can go for AR as well. :? or might b its a normal practice to send the AR letter along with the refusal letter. :?
"Pray before you are Prayed upon"

ScopeD
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United Kingdom

Re: Dependent Visa Refusal

Post by ScopeD » Fri Oct 14, 2011 5:11 pm

aakkoo wrote:Should i go for Administrative review or appeal or file a new application which of course cost me alot.
I'm sorry about your wife's refusal. It is always stressful to be refused a visa. If I was in your situation I would re-apply with the most recent bank statement as suggested by beecharmer1800bc, making sure that you include all necessary documentation as per guidance. It may cost more but then it might be the shortest and cheapest way in the long run as you will not give the ECO any excuses to refuse your wife's visa. All the best though and hope you will make the decision that sorts you and wifey.

aakkoo
Member
Posts: 181
Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Re: Dependent Visa Refusal

Post by aakkoo » Fri Oct 14, 2011 5:18 pm

beecharmer1800bc wrote:
aakkoo wrote:Hi folks,

Yesterday got the bad news of my wife visa refusal. The reason the mentioned is:

As laid out in Apendix E of the immigration rules, you must show that your sponsor has available 533£ in avaialbe funds. In accordance with published guidance you are required to show that you have held these funds for 90 consective days. Any B statment you are submitting to meet this requirment must be dated within one month of your application. I note that no bank statement has been submitted with your application to demonstrate that you meet the maintainace requirment.Your visa submission reciepts confirms no financial document were submitted with your application form. I am therefore not satisfied that there is a suffiecient level of funds avaialble to you as set in Appendix E319C.

They have given me the right of Appeal and Administrative review.

Now i have submitted my bank statement for the last 5 months and they are saying i havent submitted my bank statements which is very strange. But i realized now that my bank statement was until 26 august and i submitted my docs on 27 sept.

Should i go for Administrative review or appeal or file a new application which of course cost me alot.

I find this forum very helpful and always took precious advice. again in need of some help.

Thx in advance.
If your bank statement was dated till the 26th of August and you waited till the 27th of September to submit, then I'm afraid the ECO was right to deny your wife a visa.

As per the policy guidance; your bank statement must be dated within a month of you applying for the visa and so in your case you should have applied at least on or before Friday the 23rd of Sept.

Best thing to do is to re-apply.
But the refusal was based opon non submission of b statament as mentioned by the case worker. :?
"Pray before you are Prayed upon"

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Oct 14, 2011 5:25 pm

Dependants of applicants under the points-based system

If we reject your partner or child's application for a visa as the dependant of a points-based system migrant, they cannot request an administrative review. This is because an administrative review is used to assess whether points have been correctly awarded, and your dependant did not apply under the points-based system

beecharmer1800bc
Member
Posts: 148
Joined: Sat Mar 27, 2010 10:43 am

Re: Dependent Visa Refusal

Post by beecharmer1800bc » Fri Oct 14, 2011 7:11 pm

aakkoo wrote:
beecharmer1800bc wrote:
aakkoo wrote:Hi folks,

Yesterday got the bad news of my wife visa refusal. The reason the mentioned is:

As laid out in Apendix E of the immigration rules, you must show that your sponsor has available 533£ in avaialbe funds. In accordance with published guidance you are required to show that you have held these funds for 90 consective days. Any B statment you are submitting to meet this requirment must be dated within one month of your application. I note that no bank statement has been submitted with your application to demonstrate that you meet the maintainace requirment.Your visa submission reciepts confirms no financial document were submitted with your application form. I am therefore not satisfied that there is a suffiecient level of funds avaialble to you as set in Appendix E319C.

They have given me the right of Appeal and Administrative review.

Now i have submitted my bank statement for the last 5 months and they are saying i havent submitted my bank statements which is very strange. But i realized now that my bank statement was until 26 august and i submitted my docs on 27 sept.

Should i go for Administrative review or appeal or file a new application which of course cost me alot.

I find this forum very helpful and always took precious advice. again in need of some help.

Thx in advance.
If your bank statement was dated till the 26th of August and you waited till the 27th of September to submit, then I'm afraid the ECO was right to deny your wife a visa.

As per the policy guidance; your bank statement must be dated within a month of you applying for the visa and so in your case you should have applied at least on or before Friday the 23rd of Sept.

Best thing to do is to re-apply.
But the refusal was based opon non submission of b statament as mentioned by the case worker. :?
I note that no bank statement has been submitted with your application to demonstrate that you meet the maintainace requirment.Your visa submission reciepts confirms no financial document were submitted with your application form.

In the eyes of the ECO, no statements meeting the maintenance reqs were submitted. Right call!
Don't waste your time working hard-work smart

aakkoo
Member
Posts: 181
Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Post by aakkoo » Sat Oct 15, 2011 6:20 pm

I have to send current b statement and payslips with my application but wat about other documets like the letters which i attested from the solicitor etc coz they were dated august and now i am applying in october if i want to reapply. or i have to prepare them again with the current date.
"Pray before you are Prayed upon"

geriatrix
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United Kingdom

Post by geriatrix » Sat Oct 15, 2011 8:29 pm

Did the local VAC / BHC dictate that the letters etc. must be notarised or attested by a solicitor? Which country is your dependant applying in?
Last edited by geriatrix on Sun Oct 16, 2011 12:20 am, edited 1 time in total.
Life isn't fair, but you can be!

aakkoo
Member
Posts: 181
Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Post by aakkoo » Sat Oct 15, 2011 11:07 pm

sushdmehta wrote:Did the local VAC / BHS dictate that the letters etc. must be notarised or attested by a solicitor? Which country is your dependant applying in?
No VAC did not mentioned anything but as advised by other friends i posted these letters along with my application. Wife applied from pakistan.
"Pray before you are Prayed upon"

geriatrix
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United Kingdom

Post by geriatrix » Tue Oct 18, 2011 2:04 am

There is no need for documentary evidences to be notarised / attested, unless so required by the local BHC.

I can't think of a plausible reason for original letter(s) written and issued by the main migrant in support of a dependant application to be either notarised or attested!
Life isn't fair, but you can be!

aakkoo
Member
Posts: 181
Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Post by aakkoo » Thu Oct 20, 2011 12:17 am

I have a query does the other documents like:

Reference letter from employer
Sponsor Statutory Declaration
Landlord Reference Letter

etc

are also be dated within one month by the time of submitting VAF10 application or its a requirement for B statement only.
"Pray before you are Prayed upon"

Greenie
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United Kingdom

Post by Greenie » Thu Oct 20, 2011 7:53 am

aakkoo wrote:I have a query does the other documents like:

Reference letter from employer
Sponsor Statutory Declaration
Landlord Reference Letter

etc

are also be dated within one month by the time of submitting VAF10 application or its a requirement for B statement only.
none of these documents are required.

ScopeD
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Posts: 358
Joined: Thu Apr 09, 2009 11:24 am
United Kingdom

Post by ScopeD » Thu Oct 20, 2011 11:24 am

aakkoo wrote:I have a query does the other documents like:

Reference letter from employer
Sponsor Statutory Declaration
Landlord Reference Letter

etc

are also be dated within one month by the time of submitting VAF10 application or its a requirement for B statement only.
The main requirements are:

1. Copy of your visa/passport (extract from vaf 10 - guidance)
Please provide supporting evidence of this by supplying a copy of
their bio data from their passport (the page with their photograph)
and their visa (if they have one) or other permission to be in the UK.
If the main applicant is applying under the HSMP Forum JR Ruling
and no decision has been made on their case you should enter this
information in the box.

2.Marriage Certificate/Proof of relationship (vaf 10 - guidance extract)
Please supply legal documentary evidence of your relationship, for
example, marriage or civil partnership certificate or birth certificate.

3.Maintenance
(See the Dependant Policy Guidance for details). The money must not fall
below the required amount at any time during the period in question

You can put any other evidence you think can help you strengthen your case but please make sure that this does not over confuse the caseworker in such a way that they will overlook the main mandatory evidence. Here is what i did for my wife recently:

Copy of passport and Tier 1 General visa
Marriage Certificate
Original bank statements

I then put a marker to separate mandatory evidence from the other evidence (which I put after/under the mandatory evidence and all separated by a clipper), and I mentioned this in my covering letter. The only reason why I included a lease agreement is because my landlord had specified her name on it as a "Permitted Occupier", and I thought it would just be good to include it. But I had this clearly marked and separated from the main evidence, along with the following:

*emails and skype chats history (I selected just a few which i was comfortable to show)
*employment offer letter from employer plus my business card and a few copies of payslips (let me stress that this is not required as well but I decided to include this as I knew I could properly arrange my documents)
*a few receipts from western union where I had transferred money to her
*a ticket to somewhere in the world showing that we travelled together for a holiday sometime this year.

Again, I would like to stress that all this information is not mandatory, and should you decide to include any of it, you have to make sure that you clearly arrange your documents in such a way that ECO does not confuse them with the mandatory ones. Otherwise if it gets confusing, just stick to the main documents as per guidance policy to avoid unnecessary questions from an over-zealous ECO.

aakkoo
Member
Posts: 181
Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Post by aakkoo » Thu Oct 20, 2011 2:51 pm

ScopeD wrote:
aakkoo wrote:I have a query does the other documents like:

Reference letter from employer
Sponsor Statutory Declaration
Landlord Reference Letter

etc

are also be dated within one month by the time of submitting VAF10 application or its a requirement for B statement only.
The main requirements are:

1. Copy of your visa/passport (extract from vaf 10 - guidance)
Please provide supporting evidence of this by supplying a copy of
their bio data from their passport (the page with their photograph)
and their visa (if they have one) or other permission to be in the UK.
If the main applicant is applying under the HSMP Forum JR Ruling
and no decision has been made on their case you should enter this
information in the box.

2.Marriage Certificate/Proof of relationship (vaf 10 - guidance extract)
Please supply legal documentary evidence of your relationship, for
example, marriage or civil partnership certificate or birth certificate.

3.Maintenance
(See the Dependant Policy Guidance for details). The money must not fall
below the required amount at any time during the period in question

You can put any other evidence you think can help you strengthen your case but please make sure that this does not over confuse the caseworker in such a way that they will overlook the main mandatory evidence. Here is what i did for my wife recently:

Copy of passport and Tier 1 General visa
Marriage Certificate
Original bank statements

I then put a marker to separate mandatory evidence from the other evidence (which I put after/under the mandatory evidence and all separated by a clipper), and I mentioned this in my covering letter. The only reason why I included a lease agreement is because my landlord had specified her name on it as a "Permitted Occupier", and I thought it would just be good to include it. But I had this clearly marked and separated from the main evidence, along with the following:

*emails and skype chats history (I selected just a few which i was comfortable to show)
*employment offer letter from employer plus my business card and a few copies of payslips (let me stress that this is not required as well but I decided to include this as I knew I could properly arrange my documents)
*a few receipts from western union where I had transferred money to her
*a ticket to somewhere in the world showing that we travelled together for a holiday sometime this year.

Again, I would like to stress that all this information is not mandatory, and should you decide to include any of it, you have to make sure that you clearly arrange your documents in such a way that ECO does not confuse them with the mandatory ones. Otherwise if it gets confusing, just stick to the main documents as per guidance policy to avoid unnecessary questions from an over-zealous ECO.

Thx alot scopeD for the detailed reply. This helped me alot.

One thing more is there any time restrictions on applying second time Or i can apply anytime when my application is ready.
"Pray before you are Prayed upon"

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