Tier 1(general) Dependant Visa refused

[mantasingh]

My suggestion would be to challenge the decision.
Otherwise UKBA will get a very good way to earn double money (even more) on each application, if people like you stop challenging the errors made by UKBA.

Go for an Appeal, if you know that your application was correct and you provided the details in your cover letter correctly.

[geriatrix]

Hi,

I am unsure whether there is a need for English Language Requirement for spouse applying for Tier 1(general) dependent visa.

The policy guidance for Tier 1 dependent visa do not specifically state any English Language Requirement however the immigration law for family members states that there is a need for English Language Requirement...here is the link..
http://www.ukba.homeoffice.gov.uk/polic ... _partners/.

Can you please advise?

Thanks for your help in advance.

[geriatrix]

When your wife is applying for entry clearance as family member of relevant points-based system migrant, then why are you reading (and referring to) the rules relating to "spouses and civil partners of a British citizen or settled person"?

[Aumi]

Hi,

I am unsure whether there is a need for English Language Requirement for spouse applying for Tier 1(general) dependent visa.

The policy guidance for Tier 1 dependent visa do not specifically state any English Language Requirement however the immigration law for family members states that there is a need for English Language Requirement...here is the link..
http://www.ukba.homeoffice.gov.uk/polic ... _partners/.

Can you please advise?

Thanks for your help in advance.

[Aumi]

Hi sushdmehta,

Thanks for your prompt response.

This is because the following is stated under 319A of "Partners of relevant points-based system migrants"..here is the link..

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

"This route is for the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant (Partner of a Relevant Points Based System Migrant). Paragraphs 277 to 280 of these Rules apply to spouses or civil partners of Relevant Points Based System Migrant; paragraph 277 of these Rules applies to civil partners of Relevant Points Based System Migrant; and paragraph 295AA of these Rules applies to unmarried and same-sex partners of Relevant Points Based System Migrant"

Paragraph 277 refers to spouse and civil partners.

Thanks

[silent_warrior]

Hi sushdmehta,

Thanks for your prompt response.

This is because the following is stated under 319A of "Partners of relevant points-based system migrants"..here is the link..

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

"This route is for the spouse, civil partner, unmarried or same-gender partner of a Relevant Points Based System Migrant (Partner of a Relevant Points Based System Migrant). Paragraphs 277 to 280 of these Rules apply to spouses or civil partners of Relevant Points Based System Migrant; paragraph 277 of these Rules applies to civil partners of Relevant Points Based System Migrant; and paragraph 295AA of these Rules applies to unmarried and same-gender partners of Relevant Points Based System Migrant",

Paragraph 277 refers to spouse and civil partners.

Thanks

Hello Aumi
Paragraphs 277-280 do not even mention about english language requirements. Also paragraphs 295A talks 'Requirements for leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement',which again is not relevant to you at this point.
The link you provided does mention english language requirement, but it is for indefinite leave to remain (319E. Requirements for indefinite leave to remain paragraph g) and not for entry clearance or leave to remain (319C. Requirements for entry clearance or leave to remain)
Hence in short english language is not required by Tier 1 General dependent

[sudhir_sarode]

Guys,

My wife tier 1 dependant visa has refused and reason is- Bank statement has no logo on it. (I have submitted 6 months bank statement among whcih 5 months was the one sent by post from bank and rest one month stament I taken from Bank branch which they has stamped and signed and does not required bank logo according to my understanding of guidlines)

I am thnking of Appeal and going to send all bank stamtement whcih we submitted during rejected application and also similar new statement whcih will have logo.

Do they consider new bank statement for Appeal or they will decide on old bank stament only which was submitted during rejected application

[params0073]

Guys,

My wife tier 1 dependant visa has refused and reason is- Bank statement has no logo on it. (I have submitted 6 months bank statement among whcih 5 months was the one sent by post from bank and rest one month stament I taken from Bank branch which they has stamped and signed and does not required bank logo according to my understanding of guidlines)

I am thnking of Appeal and going to send all bank stamtement whcih we submitted during rejected application and also similar new statement whcih will have logo.

Do they consider new bank statement for Appeal or they will decide on old bank stament only which was submitted during rejected application

Read the guideline carefully.You need logo on the statement.here is what the guideline says:-

Evidence for App lications Made Under Tiers 1, 2 and 5
The documents required by Appendix E of the Immigration Rules are specified below.
i)Personal bank or building society statements covering the three month period immediately i) before the application. The personal bank or building society statements should clearly show:
the name of the main applicant and/or the family member making the application, or (for children • only) the name of the other parent who is also legally present in the United Kingdom;
the account number;•
PBS (Dep) Guidance (version 07/2011) - page 16
PBS (Dependant) Policy guidance
the date of the statement;•
the financial institution’s name and logo;•
transactions covering the three month period;•
that there are sufficient funds present in the account (the balance must not fall below £533 or • £1600, as above, at any time during the three month period).
Only the most recent statement must be dated within one month of the date of application
Ad hoc bank statements printed on the bank’s letterhead are admissible as evidence (this excludes mini-statements from cash points).
If the applicant wishes to submit electronic bank statements from an online account these must contain all of the details listed above. In addition, the applicant will need to provide a supporting letter from his/her bank, on company headed paper, confirming the authenticity of the statements provided. Alternatively an electronic bank statement bearing the official stamp of the bank in question will be accepted. This stamp should appear on every page of the statement.
Statements that simply show the balance in the account on a particular day are not sufficient.

[sudhir_sarode]

@params0073
Do you think then I should not Appeal, because I heard I can submite new documents also in Appeal. Any idea about the same

[mohit_dj]

Hi Aumi, my wife's case is exactly same as you. Can you confirm whether you appealed and how long it took to get the approval. Also what is the procedure afterwards to get the actual visa and biometrics done?