Tier 1 Refusal .. urgent help needed

HKS · Post by **HKS** » Tue May 12, 2009 10:36 pm

HI Django...
My tier 1 application was rejected based on the reason that my bank statements were on a dot matrix printer paper although stamped and attested
....Actually this is what my Bank provides it in India..

I read the guidelines before submitting the application.... it says....
Personal bank statements showing the ii) payments made to the applicant: Bank statements provided must be on official bank stationery, and must show each of the payments that the applicant is claiming. If the applicant wishes to submit electronic bank statements from an online account he/ she should also provide a supporting letter from the bank on company headed paper confirming that the documents are authentic.
"Alternatively an electronic bank statement bearing the official stamp of the bank issuing the statements will be accepted". This stamp must appear on every page of the statement.

My documents confirms to this....
Please suggest... what can i do next. I have not given the right to appeal. I am not eligible under new rules as i dont have masters degree so cant re apply. Please help

HKS · Post by **HKS** » Tue May 12, 2009 10:39 pm

ANy help will be highly appreciated....appreciated...

Post by **push** » Tue May 12, 2009 10:39 pm

HKS wrote:HI Django...
My tier 1 application was rejected based on the reason that my bank statements were on a dot matrix printer paper although stamped and attested
....Actually this is what my Bank provides it in India..

I read the guidelines before submitting the application.... it says....
Personal bank statements showing the ii) payments made to the applicant: Bank statements provided must be on official bank stationery, and must show each of the payments that the applicant is claiming. If the applicant wishes to submit electronic bank statements from an online account he/ she should also provide a supporting letter from the bank on company headed paper confirming that the documents are authentic.
"Alternatively an electronic bank statement bearing the official stamp of the bank issuing the statements will be accepted". This stamp must appear on every page of the statement.

My documents confirms to this....
Please suggest... what can i do next. I have not given the right to appeal. I am not eligible under new rules as i dont have masters degree so cant re apply. Please help

can you post exact wordings of your refusal letter.

HKS · Post by **HKS** » Tue May 12, 2009 10:51 pm

Actual wordings are
" You have supplied two piece of eveidence to support this. However the bank statements from India you haev supplied are not acceptable because although they have been stamped, they are not on official Bank stationery and do not contain the name of the bank anywhere in the printed information. I am therefore unable to corroborate your indian earnings.

The only circumstance where statements which are not on official bank stationery are acceptable is when they have been printed from the internet and stamped and signed by the bank or accompanied by a cover letter confirming their authenticity. However the bank statement you have provided have not been printed from the internet."

BUt as per the guidelines which i put above provides enough document and is on the guidelines document. And moreover the bank name is there in the Bank stamp...

Please suggest..

confusedhsmp · Post by **confusedhsmp** » Wed May 13, 2009 12:20 am

appeal the decision. seems like to be a mistake on their part!

HKS · Post by **HKS** » Wed May 13, 2009 5:14 am

Thanks Mate.. But I have not been given the right to appeal... NOw what can i do...

confusedhsmp · Post by **confusedhsmp** » Wed May 13, 2009 9:24 am

Ask for reconsideration eventhough they are not bound to reply to it. In some cases they take exception depending on the strength of your argument.

gotcha · Post by **gotcha** » Wed May 13, 2009 10:09 am

HKS wrote:they are not on official Bank stationery and do not contain the name of the bank anywhere in the printed information. I am therefore unable to corroborate your indian earnings.

Why there is no name of bank on statement ? If you take statement from ICICI ,they will give it from dot matrix printer, but will have all your and their details. I think it's format of statements is problem.

ganeshptrk · Post by **ganeshptrk** » Wed May 13, 2009 10:20 am

Sorry to tell this, but my view is that the visa office is right in rejecting your application. As he mentioned the reason for refusal, there is no name of the bank printed anywhere on the paper except in the stamp. and this is not acceptable per guidelines.

Anyway, you may contact them through email explaning this is the standard format that bank prints the statements. You may also send a covering letter from bank.

HKS · Post by **HKS** » Wed May 13, 2009 2:28 pm

Hi GameshpTRk,
thasnk for your response, but the guidelines dont say any thing about the bank Name on the statement. I knwo it should be there but couldnt help as this is the format i was given from the Bank even after a big discussion..
Could you please help me with the email ID as you suggested where i can send my mail....
Could you please revisit the second or third reply from me on this thread stating the policy guidelines.
Can i request a reconsideration base don that or can i go for a judicial review hiring some solicitor.. Pelase suggest...

HKS · Post by **HKS** » Wed May 13, 2009 4:52 pm

Hi confused HSMP,

Could you please suggest in my case. I do not have the right to appeal.. I dont know why...
i ahve a good argument based on teh guideline document not clear on requirements when i applied. Please suugest. Urgent Help...

gotcha · Post by **gotcha** » Wed May 13, 2009 5:00 pm

HKS wrote:I do not have the right to appeal.. I dont know why...

Probably you are having valid leave to remain, you get right to appeal, only when your current leave to remain is expiered.

HKS · Post by **HKS** » Wed May 13, 2009 5:13 pm

Thanks Gotcha....
any idea what can i do now.. Confusedhsmp.. looking for your help.. you look practical and good in experience.. how is my stand..

drjabberwocky23 · Post by **drjabberwocky23** » Thu May 14, 2009 9:42 am

You can try applying for reconsideration, but personally I would resubmit the application and this time insist that your bank gives you the requisite evidence. Sometimes, these banks absolutely amaze me. They are supposed to be providing a service to us, and yet treat their customers like scum. How will it hurt them if they supply a headed letter authenticating the statements and confirming balances, etc. They should provide it for free, but even if they supplied the service at a small charge, I doubt that most would complain.

Anyway, rant over now. I better go and lie down....

HKS · Post by **HKS** » Thu May 14, 2009 10:19 am

Thansk Buddy, In fact you wrote all my emotions...
I can not apply fresh as i am not having masters degree...HOw to apply for reconsideration.. is there a process...

any guidelines.. can i go for solicitor adn file a judicial review...Please bear in mind i do not have a right to appeal..a s they have not given it to me...calling all.. Please help..

gotcha · Post by **gotcha** » Thu May 14, 2009 10:27 am

HKS wrote:Please bear in mind i do not have a right to appeal..a s they have not given it to me...calling all.. Please help..

As I said earlier, why it is not given to you. I don't know, what kind of reconsideration other members are advising you on. I never heard of such a channel. You should consult legal adviser for any option.

drjabberwocky23 · Post by **drjabberwocky23** » Thu May 14, 2009 11:43 am

I think taking formal legal advice is the best option too. At least they'll be able to advise on what options are available to you at this time.

HKS · Post by **HKS** » Fri May 15, 2009 8:53 am

any other suggestions.. please...I am looking for a soliitor in the mean time...

ving · Post by **ving** » Mon May 18, 2009 11:02 am

Hi HKS,
As You said you do not have right for appeal but does that mean that you dont have right for admin review.?
Guys, i think there is difference btw admin review and appeal...what say.?

HKS, along with your rejection letter they did not provide with any admin review form.? if they had provided then you can apply for admin review.
Admin review is applicable for all the rejection cases i believe.

as far as my understadning goes, some applications may not attract full rights for appeal, that is true, but one can surely go for admin review. Check your case.

Post by **push** » Mon May 18, 2009 10:17 pm

ving wrote:Hi HKS,
As You said you do not have right for appeal but does that mean that you dont have right for admin review.?
Guys, i think there is difference btw admin review and appeal...what say.?

HKS, along with your rejection letter they did not provide with any admin review form.? if they had provided then you can apply for admin review.
Admin review is applicable for all the rejection cases i believe.

as far as my understadning goes, some applications may not attract full rights for appeal, that is true, but one can surely go for admin review. Check your case.

Admin review is not available for in country applications.

ving · Post by **ving** » Tue May 19, 2009 4:42 am

Push_hsmp, sorry i did not understand your statement "admin review is not applicable for in country applications"..?
i applied from bangalore vfs, my hsmp was also rejected due to misunderstanding by ECO, i applied for admin review its in the process (1 month over), i too dint have right for appeal, but along with refusal letter i had got admin review form, i filled it and sent it.

so rights for appeal may not be there for some cases but admin review would be there for all rejection cases, this is what i meant.

are we both on the same track.? any confusions.? pls clarify.

HKS · Post by **HKS** » Tue May 19, 2009 12:55 pm

Hi push_hsmp,

Can you suggest anything then....

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Tier 1 Refusal .. urgent help needed

Tier 1 Refusal .. urgent help needed

Re: Tier 1 Refusal .. urgent help needed

Mistake on their part but no right to appeal...