EC REFUSAL UNDER GENUINITY DOUBT-HELP WANTED

karan4all · Post by **karan4all** » Fri Nov 03, 2006 6:01 pm

HI GUYS.., GOT HSMP APPROVAL BUT EC WAS REFUSED..,

MY EC-HSMP, WAS REFUSED IN INDIA ON THE FOLLOWING GROUNDS.

" I HAVE CAREFULLY CONSIDERED YOUR APPLICATION ON THE BASIS OF YOUR PASSPORT, APPLICATION FROM, AND THE PAPERS YOU HAVE PROVIDED. YOU HAVE DECLARED THAT THE INFROMATION YOU HAVE GIVEN IS COMPLETE AND TRUE TO THE BEST OF YOUR KNOWLEDGE. IN SUPPORT OF YOUR APPLICATION YOU HAVE SUBMITTED SUPPORTING DOCUMENTS. AS A RESULT OF CHECKS MADE BY THIS OFFICE, DETAILED IN A DOCUMENT VERIFICATION REPORT. I AM SATISFIED TO A HIGH DEGREE OF PROBABILITY THAT THIS DOCUMENT IS NOT GENUINE. HAVING ASSESSED YOUR APPLICATION AS A WHOLE I AM SATISFIED THAT THIS DOCUMENT IS MATERIAL TO YOUR APPLICATION AND I AM NOT THEREFORE PREPARED TO EXERCISE DISCRETION IN YOUR FAVOUR. YOUR APPLICATION IS THEREFORE REFUSED IN ACCORDENCE WITH PARAGRAPH 320(21) OF THE IMMIGRATION RULES , WHICH STATES THAT AN EC SHOULD NORMALLY BE REFUSED WHETHER OR NOT TO AN APPLICANTS KNOWLEDGE A FALSE DOCUMENT IS BEING SUBMITTED IN SUPPORT OF AN APPLICATION, I THEREFORE REFUSE YOUR APPLICATION"

THIS IS WHAT I GOT IN REEFUSAL LETTER, NEITHER SIGHNED OR DATED.

THEY HAVE SENT ALL MY DOCUMENTS EXCEPT MY EMPLOYMENT DOCUMENTS.., THEY HAVE NEITHER CALLED MY EMPLOYER NOR ME.., FOR CLARIFICATION, DECISSION WAS MADE JUST IN 2DAYS.

WHAT MAY BE THE REASONS ANY IDEAS?????????? SINCE ALL MY DOCUMENTS ARE GENUINE...,

PLEASE DO GUIDE ME AS I AM APPLING FOR EC- AGAIN, AS SOON AS POSSIBLE.

KARAN

karan4all · Post by **karan4all** » Fri Nov 03, 2006 6:03 pm

I HAVE ASKED FOR REASONS TO EC-CASEWORKER, THEY EMAILED ME SAYING THAT THEY WILL REPLY ME IN 20 WORKING DAYS.

hari15 · Post by **hari15** » Fri Nov 03, 2006 8:23 pm

Do you have any UK Visa or any other country Visa already stamped on passport? Have you travelled abroad anywhere?

Because if you have stayed in abroad during the time you claimed experience/income in India they may reject. Check this once

Have you ever applied for any type of UK Visa before?
This also may affect in other way..

If your passport is not been used by any Embassy/High commission until now and if it is blank, then this purely based on documents you submitted

karan4all · Post by **karan4all** » Fri Nov 03, 2006 10:00 pm

thanks hari for ur reply, i have no travel history.,

tramp · Post by **tramp** » Sat Nov 04, 2006 4:51 pm

Is this true? What if I were on deputation in some country? In India people working with most IT companies get flown all over the world, to provide consulting services, and get paid in India. Now, because I am onsite, at the client location for say 2 years, I cannot claim experience with the client for that period of time, can I?

Moderators, any inputs?

hari15 wrote:
Because if you have stayed in abroad during the time you claimed experience/income in India they may reject. Check this once

first2last4 · Post by **first2last4** » Sat Nov 04, 2006 6:02 pm

Very surprising.

Never heard of HSMP being approved and EC rejected because of such reason.

Have they given you the liberty to appeal, if not then its very unfortunate.

karan4all · Post by **karan4all** » Sat Nov 04, 2006 6:44 pm

hi guys ..,
i got appeal chance.., but i am thinking to re-apply rather then appeal..., any ideas or suggestions?

any one in formhad this poblem before??????

thanks

bergdorf · Post by **bergdorf** » Sat Nov 04, 2006 7:07 pm

Sounds like they found one of your documents to be fake. Maybe it was your passport. Did you apply for your passport yourself?

You could also ask them for the 'Document Verification Report' that they've mentioned in their letter. That should list the dodgy docs.

karan4all · Post by **karan4all** » Sun Nov 05, 2006 10:03 am

hi..,
hahahha..,i have applied for my passport myself.., that may not be the reason because if that was the case then, they would have taken it hard-- and its a crime that goes too high guys...,

i am applying again, 2morrow i will inform all u guys about the out come., with me luck..,
thanks for ur replies.

uk.destiny · Post by **uk.destiny** » Mon Nov 06, 2006 2:15 am

What documents you submitted along with EC application?

karan4all · Post by **karan4all** » Mon Nov 06, 2006 4:55 am

i have submitted.,

salary slips for 6months, last 3yrs IT returns, salary certificate, company hirerchy chart, roles and resp. description letter, financial documents, my bank statement reflecting my salary credits, C.A report, C.E report, Education certificates.., accm. proof.., self and parents declaration..,

there was a salary hike in the month of feb. so i got salary certificate and paysilps different., with the variation in the basic salary., i thought i can explain them when they call me...., do u guys thinks thats the case??? if thats the case then they have to call my company for clarification don't u think so??

thanks

uk.destiny · Post by **uk.destiny** » Mon Nov 06, 2006 6:34 am

"salary slips for 6months, last 3yrs IT returns, salary certificate, company hirerchy chart, roles and resp. description letter, financial documents, my bank statement reflecting my salary credits, C.A report, C.E report, Education certificates.., accm. proof.., self and parents declaration.., "

These are the documents you have submitted while applying for HSMP?
or any changed once.

Because they might have your previous info.

farah · Post by **farah** » Mon Nov 06, 2006 4:31 pm

karan4

DO NOT RE-APPLY RATHER FILE APPEAL OTHERWISE YOU WOULD BE KNOCKED OUT TECHNICALLY.

FARAH

karan4all · Post by **karan4all** » Mon Nov 06, 2006 7:18 pm

hi ..thanks 4 ur reply farah... but an appeal will take a minimum of 4 months and i dont think i can wait that long... so i am applying again 2maro. hoping for the best... will keep u informed abt the status.... bye

arm · Post by **arm** » Tue Nov 07, 2006 4:52 am

Why so long???

4 month for EC appeal.....

It is something new for me.

Good luck.

UKdestiny · Post by **UKdestiny** » Tue Nov 07, 2006 6:41 am

Karan4all,

I am sorry to hear about you EC refusal.

When you say reapply ? - Does it means EC reapply (OR) Applying for 1st stage of HSMP ?? thanks !!

karan4all · Post by **karan4all** » Fri Nov 10, 2006 3:41 pm

thanks for allthose who helped me build my confidence thru ur replies... i re-applied for EC on 8th and got reply today... they are asking me to attend an interview... and one more thing, they replied to my fax which i sent against my refusal letter for first EC application.. they gave me explanation that my employment letter is fake and the EC officer is not in a position to tell how the verification is done,,, so what will be my situation in interview now... what should i do to prove my employers genunity,,, i have sent them my six months bank statement which shows my salary, my tax returns for last 3 years, play slips for last 6 months and salary certificate on letter head... what else cann i do to prove my innocence? they have not called my employer.. so what r my chances.. NEED SOME EXPERIENCED COMMENTS.. URGENTly

olisun · Post by **olisun** » Fri Nov 10, 2006 3:47 pm

Are they saying the experience letter is fake or the appointment letter is fake?

If they are talking about the appoitment letter, then if the company is still in business and if you are still working for them, then get a fresh letter from the company which mentions your continuing employment with them or if you are not working, then something in the lines of "you worked from this date to this date" etc. etc.

If the company is out of business, then I can't think of anything....

karan4all · Post by **karan4all** » Sat Nov 11, 2006 7:41 am

thanks for ur reply mite...i am copy pasting the letter...this is what EC has to say...
"I have considered your correspondence regarding the particular circumstances surrounding your application and in particular documents checked by our office that were found to be not genuine. Unfortunately I am not able to go into specific details regarding how your documents were checked. However on receipt of your correspondence I have reviewed the document verification report and I am satisfied that information contained within that report conclusively confirmed that your employment letter is not genuine.

Therefore, I am satisfied that the subsequent refusal was in accordance to the Immigration Rules.

Consequently I am not in a position to review this application more favourably. "

so what should i do now in interview... and i want to know what kind of questions i shld expect in my case... i will be going to vfs to take interview appointment on this monday.. i want to finish this interview as soon as possible... so will take an appointment in the next few days... SO PLEASE HELP ME.. I NEED SOME EXPERIENCED COMMENTS URGENTLY..

karan4all · Post by **karan4all** » Mon Nov 13, 2006 5:32 pm

waiting for ur suggestions... please reply...

inso · Post by **inso** » Tue Nov 14, 2006 6:15 am

Just came across the following paragraph in the following document, which may be relevant...

STATEMENT OF CHANGES IN IMMIGRATION RULES
Ordered by The House of Commons to be printed
7 November 2006
Laid before Parliament on 7 November 2006 under section 3(2) of
the Immigration Act 1971

http://www.official-documents.co.uk/doc ... 2/1702.pdf

7.6 We are also introducing a new rule to deal with forged documents and a new rule for the verification of documents submitted with HSMP applications. To tackle evidence of general abuse under the scheme, verification procedures will be made more robust, with a greater onus placed on the applicant to demonstrate that he meets the criteria set and that his application is genuine.

• We will now be able to refuse applications outright when documents which are not genuine, whether or not they are not material to the application, have been submitted. Although entry clearance officers and caseworkers are currently able to refuse most applications when documents which are not genuine but which are material to the application are submitted, there has been no equivalent power in the case of documents which are not material to an application. Such applicants have made an application in bad faith and should not be able to
qualify under the scheme.

• We will also be able to refuse cases where standard verification checks on documents which we have reasonable cause to suspect are not genuine have not been able to demonstrate that they are genuine. Cases sometimes arise where we have reasonable cause to doubt that a document is genuine, for example, where we have evidence that there are a high number of forged documents issued by a particular institution or evidence that documents are easily available from a particular source. Verification might not always be possible if the author or issuer of the document is not willing to co-operate. This new rule allows us to refuse the application on the basis of the reasonable doubt we have about the document as long as reasonable steps have been taken to verify the document and verification has not been possible.

PPra · Post by **PPra** » Tue Nov 14, 2006 8:05 am

Hi!

Go for the interview with all the supporting documents regarding ur employment with the company you have mentioned. Take for example letter addressed to you in your official capacity, Company correspondences sent to you etc..

Take
1. proof of your company's existance,
2. its nature of business,
3. place of business etc..

like companys broucher, visitng cards ( of your seniors), any printed communication of the company bearing its address.

Take lots of documents, as many as you can to proove from multiple angles that your employment letter is genuine.

Also remember that you must not miss the change to appeal against the decision. This is technically available to you within 21 days of the date of refusal. But to be on the safer side conside only 14 days to be available with you.
This kind of EC refusal is very common. So dont panic. Strive hard with the ECOs to prove the authenticity of your documents. This interview is your best chance. After that you can only appeal.

4 months is for the saying.. APPEALS TAKE AS LONG AS 12 MONTHS to be heard.

So do ur best in these days itself.

Good Luck!

PPra

karan4all · Post by **karan4all** » Wed Nov 15, 2006 4:27 am

thanx for ur reply (inso & PPra)... inso according to u it seems like i will never get a visa, but i have also heard that these rules r for new HSMP scheme and will not come into effect in my case, but if it does then mine is an gone case... PPra u really gave me hope abt my visa,, thanks

karan4all · Post by **karan4all** » Thu Nov 23, 2006 6:28 pm

i am having interview 2maro... hope it goes well... thanks for all those who replied to me and this forum. it helped me a lot... i will inform abt the interview's outcome... bye

PPra · Post by **PPra** » Thu Nov 23, 2006 6:33 pm

Wish you all the best!
You will get the Visa!

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EC REFUSAL UNDER GENUINITY DOUBT-HELP WANTED

EC REFUSAL UNDER GENUINITY DOUBT-HELP WANTED

NEED SOME EXPERIENCED COMMENTS..INTERVIEW CALL.CRITICAL CASE

Appear for the interview