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Entry clearance refusal on grounds 245(C) maintainance groun

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

getbharath
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Entry clearance refusal on grounds 245(C) maintainance groun

Post by getbharath » Wed Apr 08, 2009 9:29 am

Hello All,

I applied on 9th of march 2009 for TIER 1 general. I was awarded all the points as per my claim execpt the maintainance grounds. The ECO states that I had provided an internet downlaod statement with no letter from the bank. But I took the statement from the bank (a print out on plain paper from internet) duly attested (seal and sign of the bank authority).It consits all the details such as bank logo,customer name,number etc and the statement.

Now please let me know the chances of an administrative review success. Help me please.

Best Regards,
Bharath

push
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Post by push » Wed Apr 08, 2009 2:17 pm

Looks like it got treated as :
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.
and not as
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.
You have a strong case for review. Hope the prinouts contained all the information as listed out in 204 i) of the guidance notes.

Can you post the exact wording of refusal?
regards,
push
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rakeysh.patel
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Post by rakeysh.patel » Wed Apr 08, 2009 9:05 pm

push_hsmp wrote:Looks like it got treated as :
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.
and not as
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.
You have a strong case for review. Hope the prinouts contained all the information as listed out in 204 i) of the guidance notes.

Can you post the exact wording of refusal?
Adding on to this - When I applied for TIER 1 general, I had my statements printed by Natwest in branch. It prints their logo and registered address for the bank. Now this is not on official letter head paper, however was stamped by my bank (showing branch sort code, address) and signed by Customer Advisor with his name. As suggested by push_hsmp, you have a case for review. HO acts stupid in a way, they have the authority to request a "Status Check" from all banks in such cases. Two of my sisters work in Natwest and barclays respectively and they get these type of req from HO every now and then

getbharath
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Post by getbharath » Thu Apr 09, 2009 9:11 am

Hello Members,

Firstly thanks for your reply and kinda moral support. I am happy to see your message.

@push_hsmp

The exact wording of refusal is

"ING vysya xxx180 bank statement enclosed.Not considered this evidence ,as it is an internet bank statement with no supporting letter from the bank as per the requirements of published guidence."

My bank statement (internet statement) was given by the bank and not downloaded by me. They stameped and signed the doc.The statement contains the following information:

1.Bank logo and the branch address where I hold the account along with the contact telephone number.
2.My name and complete address
3.Customer number
4.Account Number
5.Account Type
6.Statement Date
7.Statement Number

Then underneath the statement for 3 months till 02nd march 2009. I appiled on 9th march 2009.

Underneath the statement it is written like the statement is computer generated and requires no signature bla bla..

Still I got it stamped with the bank seal and the authority signed it .

Please let me know the chances of my admin review success! I shall be greatful to your kind response.

Bharath.
Last edited by getbharath on Thu Apr 09, 2009 9:17 am, edited 1 time in total.

push
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Post by push » Thu Apr 09, 2009 9:14 am

getbharath wrote:Hello Members,

Firstly thanks for your reply and kinda moral support. I am happy to see your message.

@push_hsmp

The exact wording of refusal is

"ING vysya xxx180 bank statement enclosed.Not considered this evidence ,as it is an internet bank statement with no supporting letter from the bank as per the requirements of published guidence."

Please let me know the chances of my admin review success! I shall be greatful to your kind response.

Bharath.
You can appeal as all you need is a stamped electronic statement as per the guidance notes (Quoted in my earlier post). Go for it and you would not have any problems.
regards,
push
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getbharath
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Post by getbharath » Thu Apr 09, 2009 9:21 am

Hello Push_hsmp,

Can you please let me know the approximate time the BHC would take to review and process my application on admin review.

I applied at bangalore VFS office and the Chennai BHC refused my entry clearance.

twister
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Post by twister » Thu Apr 09, 2009 11:56 am

Guys.

Almost the same question as Bharat. So will butt in. If the statement printed on white paper (printed + stamped + signed by bank official), and has the info listed above EXCEPT the logo.

Is that acceptable for Previous Earnings?

Thanks.

push
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Post by push » Thu Apr 09, 2009 2:51 pm

getbharath wrote:Hello Push_hsmp,

Can you please let me know the approximate time the BHC would take to review and process my application on admin review.

I applied at bangalore VFS office and the Chennai BHC refused my entry clearance.
They say Admin review is quite quick and mostly completed in 30 days. I will have to double check though
regards,
push
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getbharath
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Post by getbharath » Thu Apr 09, 2009 6:30 pm

I read in few topics in the same forum live examples...admin review taking 5 - 7 months.

@push_hsmp.please let me know the chances of success in admin review.

I shall be greatful to you.

Thanks in advance.

Bharath

push
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Post by push » Thu Apr 09, 2009 8:44 pm

You have strong chances of success. I will search the forum for actual timelines but this is what the offical position is:
What is Administrative Review?

If we refuse an application for entry clearance and you think that an error has been made, you can ask us to check our decision. This is known as an Administrative Review.

The Administrative Review is free of charge. You must ask for an Administrative Review within 28 days from the date you receive the refusal notice (GV51). You will receive the following documents with the Refusal Notice:

Administrative Review Request Notice

PBS Administrative Review Request Notice guidance notes

You must complete this in full and send it directly to the address stated on the Request Notice.

You must not send any additional documents such as passport/travel document or supporting documents with the Administrative Review Request Notice. If the refusal is subsequently overturned, you will be asked to send in your passport/travel document. You may request only one Administrative Review per refusal decision. Any further review requests for the same refusal decision will not be accepted and will be returned to you.

The Administrative Review will be completed within 28 days and you will be notified of the result in writing. The result of the Review may be sent from a different Post to where the original decision was made, to ensure that the Review is independent.
I hope you are not confusing it with appeals process.
regards,
push
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getbharath
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Post by getbharath » Thu Apr 09, 2009 9:39 pm

@Push_hsmp,

Thanks a lot for your moral support. I shall further proceed with the admin review.

As per your message please update me on the time lines. I shall wait to hear from you.

Thanks once again.

Best Regards,
Bharath.

push
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Post by push » Thu Apr 09, 2009 11:45 pm

getbharath wrote:@Push_hsmp,

Thanks a lot for your moral support. I shall further proceed with the admin review.

As per your message please update me on the time lines. I shall wait to hear from you.

Thanks once again.

Best Regards,
Bharath.
Well it seems to vary. Look at the following links which indicate a resolution with 1 month to 3 months/6 months

(1) 2 months
(2) 1 or 2 months I think
(3) 1.5 months
(4) 3 months
regards,
push
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twister
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Post by twister » Fri Apr 10, 2009 10:16 am

@Gents.

Any decisive comments on my query above please?[/quote]

push
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Post by push » Fri Apr 10, 2009 11:15 am

twister wrote:Guys.

Almost the same question as Bharat. So will butt in. If the statement printed on white paper (printed + stamped + signed by bank official), and has the info listed above EXCEPT the logo.

Is that acceptable for Previous Earnings?

Thanks.
Thats fine. If I were in your situation I would copy and paste exact text from the guidance note to say something like following in the cover letter:

I am supplying electronic printout of bank statements for the period of **** to **** as one of the evidence in support of of points claimed on earnings criteria. Please note that this evidence meets the criteria as specified in para (xxx), page xxx of the guidance notes for PBS(T-1 G), quoted below for reference:
xxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
regards,
push
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push
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Post by push » Fri Apr 10, 2009 2:46 pm

Please see this as well !!
regards,
push
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getbharath
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Post by getbharath » Fri Apr 10, 2009 7:10 pm

Hello Push_hsmp,

Thanks for your replies and I am really grateful to you in this aspect.

FYI, I was afraid and I handed my case of admin review to my friend in UK. He has already sent a covering letter and appendix form.

Please read the covering letter below and advise me if it is okay are I had missed some thing else. I told him to add my bank managers details but he said what he has written is good enough. I request you to kindly go through this partial covering letter and advise me please.

Letter :

"
The application was refused because the evidence he submitted to support his Maintenance was insufficiently detailed.

However, he has supplied a stamped and certified bank statement from ING bank confirming the available funds. According to the Tier 1 guidelines:

Personal bank or building society statements covering the three-month period immediately before the application
The personal bank or building society statements should clearly show:
 your name;
 the account number;
 the date of the statement;
 the financial institution's name and logo;
 transactions covering the three-month period;
 that there is enough funds present in the account; and
 that there has been enough money present in the account for the past three months.
If you wish to send electronic bank statements from an online account these must contain all of the details listed above. In addition, you will need to send a supporting letter from your bank, on headed paper, confirming that the statements are genuine. Alternatively, electronic bank statements with the official stamp of the bank that issued the statements will be accepted. The stamp must appear on every page of the statement.
Based on the information he has provided, it is clear that he has complied with these guidelines and, as such, he should qualify for this Scheme.

We would be grateful if you could take another look at his application.

I have also enclosed the official Appendix. "


Bharath

push
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Post by push » Fri Apr 10, 2009 8:27 pm

See if the following looks fine to you:

Dear Sir,

This has reference to my application submitted to VFS, xxxx, dated xxx (reference number -xxxxx) for grant of VISA under Point Based System, Tier-1 (General) Category. Unfortunately, my application was rejected on xxxx vide letter dated xxxx, no xxx with a right to apply for administrative review.

The reason cited for rejection is as under:
"ING vysya xxx180 bank statement enclosed. Not considered this evidence, as it is an internet bank statement with no supporting letter from the bank as per the requirements of published guidance."
I was otherwise granted points as claimed for other criteria.

In light of the above, I would like to apply for an administrative review of decision taken in respect of my application and like to highlight that the evidence supplied by me met the specifications provided in the PBS Tier-1 Guidance notes as applicable on the date of the application.

With regards to the Bank Statements provided in support of the maintenance funds criteria, my Bank ING.... xxx branch (contact person: Mr. xxxx, Manager, contact number xxxx) furnished a printout of transactions covering 3 months starting xxx ending xxx. These printed statements were provided by the bank and every page of the printouts carried stamp and signature of the Bank official. Please note that the format of the statements and the information contained therein conform with every requirement mentioned in the PBS guidance notes (provided below for easy reference)
The personal bank or building society statements should clearly show:
 your name;
 the account number;
 the date of the statement;
 the financial institution's name and logo;
 transactions covering the three-month period;
 that there is enough funds present in the account; and
 that there has been enough money present in the account for the past three months.
In addition, as the Bank provided electronic bank statements, I got the same stamped (& signed) by the Bank as per the highlighted guidance note below (para xxx, page xxx of PBS Tier-1 General.....)
If you wish to send electronic bank statements from an online account these must contain all of the details listed above. In addition, you will need to send a supporting letter from your bank, on headed paper, confirming that the statements are genuine. Alternatively, electronic bank statements with the official stamp of the bank that issued the statements will be accepted. The stamp must appear on every page of the statement.
It is clear from the above that if an applicant provides electronic bank statements which are stamped by the bank, he is not required to provide a supporting letter from the bank. Apparently, the case worker did not consider the evidence in line with the aforementioned guidance note and rejected my application in error.

In light of the above, May I request that I be awarded full 10 points for maintenance fund requirement and the VISA, as requested, be issued to me at the earliest. Please do not hesitate to contact me should you require any clarification on the above. I have also provided contact details of the Bank Official who issued the Bank Statements. He/she may kindly be contacted, if need be.

Kind regards,

xxx

Encl: relevant page of the guidance note with applicable section highlighted with yellow marker
Bharath[/quote]
regards,
push
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getbharath
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Post by getbharath » Fri Apr 10, 2009 9:49 pm

Hayyo......The format is excellent.
I should've got this earlier, I would've sent it by myself.

Now the covering letter and appendix form has been sent from my consultant to the BHC,chennai.

Push_hsmp now can you please confirm me if there is some problem in the covering letter posted to you earlier.

Can I send once more with the format sent by you. WOuld that be a problem?

Best regards,
Bharath.

push
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Post by push » Fri Apr 10, 2009 10:34 pm

getbharath wrote:Hayyo......The format is excellent.
I should've got this earlier, I would've sent it by myself.

Now the covering letter and appendix form has been sent from my consultant to the BHC,chennai.

Push_hsmp now can you please confirm me if there is some problem in the covering letter posted to you earlier.

Can I send once more with the format sent by you. WOuld that be a problem?

Best regards,
Bharath.
Well you have already sent it so chill. I just felt that your letter did not clearly bring out the issue as to why should the application not have been rejected in the first place (it certainly did not highlight the fact that it is not absolutely essential to provide letter from the bank). Anyways, I assume the consultant would have been handling such issues regularly and must have drafted the response based on his experience.

All the best.
regards,
push
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getbharath
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Post by getbharath » Fri Apr 10, 2009 11:03 pm

Hello Push_hsmp,

I will check with the AR review form (appendix) the consultant has sent and post you the updates. Please be my side and guide me.

I am supposed to receive it still. I would be updated only coming tuesday as they are all on leave for easter.

One more thing, once the AR request is sent by my consultant how long would it take for the BHC to ackowledge the same.

I wrote a mail to them stating that so and so consultant would represet me . But the response was ................

" Dear sir,

If you wish to apply for admin review, please fax your request form to ....."

What does this confirm? haven't they received my request fax from my consultant?

Please reply!

Best Regards,
Bharath.

getbharath
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Post by getbharath » Mon Apr 13, 2009 5:20 am

Could you please kindly reply?

Bharath.

push
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Post by push » Mon Apr 13, 2009 10:16 am

getbharath wrote: I wrote a mail to them stating that so and so consultant would represet me . But the response was ................

" Dear sir,

If you wish to apply for admin review, please fax your request form to ....."

What does this confirm? haven't they received my request fax from my consultant?

Please reply!

Best Regards,
Bharath.
This seems a generic reply. You should (rather your representative) should write to them asking if they could confirm receit of your AR request and if so what might be the timelines.
regards,
push
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getbharath
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Post by getbharath » Sat Apr 18, 2009 6:26 pm

Hi PUSH_HSMP,

This is another doubt now. Please help me.
The exact status of my admin review process:::::
My representative from UK had faxed he BHC,chennai and I sent a representation letter containing your letter that was mailed here (FORUM) earlier.

The BHC called me over my mobile last thursday and told me that they received only my letter not any appendix forms from my consultant.

But when I checked with my consultatnt, he said he had already mailed 3 times and there was absolutely no problem with their fax.
Then he also told me that he too received a mail from the BHC , chennai stating that they (BHC) didn't receive any AR forms .

So he faxed them again for the 4th time and when I queried him about its status he says he assumes it would've gone smooth.

BUt I am still not sure. So can I send the AR forms from my end too. Will there be any problem if both of us send to BHC. Any chance will they reject the admin review process.

Please answer to the above doubt which would be of gr8 help to us!

Bharath.

push
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Post by push » Sat Apr 18, 2009 8:20 pm

getbharath wrote:Hi PUSH_HSMP,

This is another doubt now. Please help me.
The exact status of my admin review process:::::
My representative from UK had faxed he BHC,chennai and I sent a representation letter containing your letter that was mailed here (FORUM) earlier.

The BHC called me over my mobile last thursday and told me that they received only my letter not any appendix forms from my consultant.

But when I checked with my consultatnt, he said he had already mailed 3 times and there was absolutely no problem with their fax.
Then he also told me that he too received a mail from the BHC , chennai stating that they (BHC) didn't receive any AR forms .

So he faxed them again for the 4th time and when I queried him about its status he says he assumes it would've gone smooth.

BUt I am still not sure. So can I send the AR forms from my end too. Will there be any problem if both of us send to BHC. Any chance will they reject the admin review process.

Please answer to the above doubt which would be of gr8 help to us!

Bharath.
There seems to be something wrong with the transmission of fax. You can re-send the form referring to their call and repeated and yet unsuccessful attempts of your representative in doing so. Tell them that you are sending the duplicate form as you have been intimated on your mobile+your representative has been advised on email that the documents have not been received by BHC Chennai. Also advise them that incomplete/duplicate review requests they might have received may kindly be discarded.

If your representative got an email from BHC, can't he send the documents (scanned copies) as attachment to an email, in response?
regards,
push
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getbharath
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Post by getbharath » Sun Apr 19, 2009 10:35 am

My representative says his scanner is broken.

Can you please advice me in filling the AR review form or please send me the form.

Bharath.

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