Entry Clearance rejected

pkyadav · Post by **pkyadav** » Fri May 16, 2008 2:35 pm

Hi all,

I applied for Entry clearance to UK from Delhi and i have got the following reply from the Visa Officer

" I have refused your visa application on this occasion becuase i am not satisfied on the balance of probabilities, that you meet all of the requirement of paragraph 245F of the immigration Rules.
Points awarded
HSMP -75
English language -10
Maintenance - 0

You have submitted the following evidence of funds available to you
1.Demat statement
2.Public Provident fund passbook
however these documents are satisfactory as evidence of funds as they are not specified documents mentioned in the PBS application form or in the published guidance.
You have aslo submitted the following further evidence which is acceptable in the line with the published guidance( bank account statement for your own account) however in your bank account you have pound 3228 on april 19th but in back jaunary the balance in account was equivalent to pound 202 so you have not shown satifactory evidence of funds available to you as you have not shown that you have held funds equivalent to #2800 in total for a three months period."

Its true that in my bank account the amount was not held for a period of 3 months however i provided them my PPF passbook which has more than 3000 pounds for more than an year and also the demat statement which has more then 5000 pounds balance.

Could you please advice me what to do ? should i make an appeal ?
i have a job that already arranged in UK but they have not considered that either so if i can get a letter from company saying that they will bear all my expenses for maintenace in UK .. will this help me in making an appeal resulting in positive results ?

if you have some suggestion please do share with me ...

Thank you very much for your help in advance ..

Regards,
Prashant

hsmpinuk70 · Post by **hsmpinuk70** » Fri May 16, 2008 3:15 pm

This just goes to prove that any evidence one provides to support their application must exactly meet the criteria prescribed in the Tier 1 guidance notes.

People have assumed that shares / demat accounts / FDs / Provident Funds etc. are acceptable forms of evidence for Tier 1 applications, but have been rejected 'coz they are not mentioned in the Tier 1 guidance as acceptable evidence. One must note that these kind of financial assets are not considered as readily available or liquid funds.

regards

pkyadav · Post by **pkyadav** » Fri May 16, 2008 3:19 pm

Thanks for your reply ... what if i show a letter from company saying that they will pay all my expenses for my visit and stay to Uk.

Any suggestions for making an appeal ?

Regards,
Prashant

hsmpinuk70 · Post by **hsmpinuk70** » Fri May 16, 2008 3:29 pm

Since it is not mentioned in guidance notes as acceptable evidence, my personal opinion is that it will not do. I am not sure if an appeal will be successful or not, since you have not met the criteria in the first place.

Why don't you wait for some time and apply afresh when you can show a minimum balance of 2800 quids over a 3 month period? When does your HSMP approval expire?

regards

pkyadav wrote:Thanks for your reply ... what if i show a letter from company saying that they will pay all my expenses for my visit and stay to Uk.

Any suggestions for making an appeal ?

Regards,
Prashant

whereisthasummer · Post by **whereisthasummer** » Fri May 16, 2008 3:30 pm

pkyadav wrote:Thanks for your reply ... what if i show a letter from company saying that they will pay all my expenses for my visit and stay to Uk.

Any suggestions for making an appeal ?

Regards,
Prashant

As hsmpinuk70 suggested earlier the case-worker will only consider the evidence set out in the PBS guidence document.

Even when you provide valid relevant documents, if its not in the guidence it will be ignored

pkyadav · Post by **pkyadav** » Fri May 16, 2008 3:36 pm

aight thanks for your replies .. now since they rejected my Visa this time so after how long can i apply for tier 1 hsmp ? they kept my HSMP approval letter so i guess i need to make an application starting from the scratch..right ?

Regards,
Prashant

hsmpinuk70 · Post by **hsmpinuk70** » Fri May 16, 2008 3:54 pm

What's Tier 1 HSMP? It is either HSMP or Tier 1 (general).

Not sure if there is any time restriction on EC re-application. Better check with BHC (or VFS if in India).

You can quote your HSMP reference number or attach a photocopy of the HSMP letter when you apply for EC afresh. Please note that an EC application must be made before your approval letter expires (six months from date of issue) otherwise you will have to apply for Tier 1 from scratch.

regards

Post by **push** » Sat May 17, 2008 3:05 pm

Wait for some time- till you have sufficient funds sitting in your account for atleast three months. You can apply afresh (for EC) before your HSMP approval expires (The date would be there on your HSMP approval letter - I hope you have kept a photocopy of the original).

Dont think about an appeal because (1) It will take around 6 months to get a decision (2) as pointed out by others, it is likely to be rejected if the dox that you submitted along with EC application do not meet the criteria as set out in thr guiadance.

Alll the best.

regards,

push_hsmp

pkyadav wrote:aight thanks for your replies .. now since they rejected my Visa this time so after how long can i apply for tier 1 hsmp ? they kept my HSMP approval letter so i guess i need to make an application starting from the scratch..right ?

Regards,
Prashant

pkyadav · Post by **pkyadav** » Sat May 17, 2008 3:25 pm

Hi All,

Thank you very much for your guidance ..much appreciated !!

My HSMP was approved on April 04 2008 so i have enough time to apply for entry clearance afresh. Yes i do have a photocopy of My hsmp Approval letter ...

Thanks again for your help !! great help !!

Regards,
Prashant

askamat · Post by **askamat** » Sun May 18, 2008 6:25 am

pkyadav · Post by **pkyadav** » Sun May 18, 2008 3:22 pm

Hi Anant,

As suggested by experts above i will maintain the required funds for 3 months and then will apply again for EC. My HSMP is valid till Augast so i guess i have enough time to re-apply.
I will update you via Email if i have some more news ...

Regards,
Prashant

askamat · Post by **askamat** » Sun May 18, 2008 3:45 pm

umanghere · Post by **umanghere** » Sun May 18, 2008 5:19 pm

you can apply with xerox, just mention that in your cover letter and also request them to give orginal hsmp letter back when you apply next.

Mine was rejected and then I applied again with xerox .

hsmphyd · Post by **hsmphyd** » Tue May 20, 2008 3:23 am

Hi All,

I applied for my EC on 5th of may, just before 2 days of my hsmp approval expiry date.

I applied under old rules with VAF2 form and didn't show the funds for 3 months. I am maintaining the funds in my account from 25th of february nearly 70 days as on EC Application date.

By 24th of this month, I can show the 3 months funds in my account. please clarify the following

1. Can i take a latest bank statement on 24th of this month and send it to BHC?

2. Will BHC accepts the extra documents that we send after appying for EC before the decision has been taken?

I will need your valuable inputs, please send ASAP.

Regards,

Srini

khuram_noman · Post by **khuram_noman** » Tue May 20, 2008 6:31 am

This is Khuram Noman from Lahore, Pakistan. I have applied for the HSMP and got the approval letter from Home Office on 24-March-2008, then i applied for EC on 16-April-2008 but unfortunately my EC visa has been reject on couple of reasons. Below are the reasons.

Reason 1
You have submitted a work reference from Al Barakah industriesthat the British High Commission have been unable to verify as genuine. Wecalled the company several times and received no response. We checked with thePakistan Telephone Company but there is no alternative number available fromthis company. Since we have made every effort to verify your experience andhave been unable to do so, your application falls for refusal therefore underparagraph 135HA(ii)
Reason 2
You have provided a bankstatement as evidence of funds available to relocate to the UK. These funds arethe result of a large deposit of Rs 500,000 (Â£3906). Clearly this is well in excessof your income and you have provided no evidence of the origin of these funds.Whilst or sell property, it is also reasonable to expect them to provideevidence of this. In the absence of any evidence Iam not satisfied that thesefunds are personally yours and available to fund your relocation to the UK. Iamnot satisfied that you are able to maintain and accommodate yourself and youdependants until such time that you are in receipt of an income 135A(ii)HC395.

Let me explain you a bit about my case. I have shown that iam doing 2 jobs one full time and one part time. BHC called to my full time job office and get the verification, but unfortunately the day they called to my part time job office the Landline# is out of order and we have already lodge a complaint in Pakistan Telephone Company(iam not sure about that they called in those days or not but i think they called on days when the phone is out of order).

Now about the funds i have provide the sale receipt, affidavit and T.O Form but i think i made the mistake that i didn't translate the sale receipt and affidavit in English i provide the original ones that is in URDU but the T.O Form is in english

so can u plz guys guide me what i can do now either go for the appeal or go for new application?

nishadhawn@rediffmail.com · Post by **nishadhawn@rediffmail.com** » Sun Jul 27, 2008 5:00 am

Hi all,

I applied for Entry clearance to UK from Delhi and i have got the following reply from the Visa Officer
" I have refused your visa application on this occasion becuase i am not satisfied on the balance of probabilities, that you meet all of the requirement of paragraph 245F of the immigration Rules.
Points awarded
HSMP -75
English language -10
Maintenance - 0

People with similar case, can you pls tell me what next steps u took after ur visa application got rejected for non maintenance of funds. What all docs you have submitted and did u got any updates from BHC?

As Next steps I just sent the updated Bank documents (Originals) to BHC as I did have required funds for last 3 months. I also received an acknowledgement letter from BHC.

However my Originals >> My Passport and my son's Birth Certificate, MArriage certificate which was earlier returned to me by BHC are still with me - will they call me for an interview and should I then give these to them?

People with similar rejection cases please share updates/email [/size]

Thanks

Post by **geriatrix** » Mon Jul 28, 2008 4:08 am

nishadhawn@rediffmail.com wrote: Hi all,

I applied for Entry clearance to UK from Delhi and i have got the following reply from the Visa Officer
" I have refused your visa application on this occasion becuase i am not satisfied on the balance of probabilities, that you meet all of the requirement of paragraph 245F of the immigration Rules.
Points awarded
HSMP -75
English language -10
Maintenance - 0

People with similar case, can you pls tell me what next steps u took after ur visa application got rejected for non maintenance of funds. What all docs you have submitted and did u got any updates from BHC?

As Next steps I just sent the updated Bank documents (Originals) to BHC as I did have required funds for last 3 months. I also received an acknowledgement letter from BHC.

However my Originals >> My Passport and my son's Birth Certificate, MArriage certificate which was earlier returned to me by BHC are still with me - will they call me for an interview and should I then give these to them?

People with similar rejection cases please share updates/email

Thanks

** Duplicate post **

Immigrationboards.com: Immigration, work visa and work permit discussion board

Entry Clearance rejected

Entry Clearance rejected

will BHC accepts extra documents after applying for EC?

info

Same EC refusal case as PKyadav