Tier 1 Dependant Visa refused on miscalculation!

[rpanigra]

Dear All,

My wife's Tier 1 Dependant application has been refused on the grounds that we (my wife and I) did not maintain sufficient balance. The ECO has erroneously observed that the two of us were required to show 7200 GBP instead of 4400 GBP (2800 + 1600), as per Immigration Rules. Both of us are in India at the moment.

I've submitted my appeal and have been following up with the Chennai Deputy High Commission ever since. Looks like these customer officers are extremely irresponsible morons, each one painting a different story!javascript:emoticon(':evil:')

Alternatively, could I threaten the BHC or the ECO with legal action?

I'm distressed. Seniors, kindly advise, any help with current appeal timelines would be highly appreciated!

[mianrm]

Welcome to the confused world of case workers

and home office

cheers

[letmec2006]

rpanigra

Sorry to hear this, it is extremely stressful. How come the ECO calculated as 7200 for 2 people, it seams very weird. Can you give more info that please. Also can you type in the exact refusal wordings please. So that people would definately help you.
Thanks

[geriatrix]

To start with, submit a formal complaint (Customer Service - feedback and complaints) at BHC Chennai.

regards

[rpanigra]

Dear Members,

Thanks for those quick replies!

This is the relevant excerpt from the notice of refusal that was served to me.

"The Entry Clearance Officer's decision:

I've refused your visa application on this occasion because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of Paragraph 319 C of the Immigration Rules. The decision was made on the merits of this application. However, if you have a previous application and immigration, this may have been considered.

The Entry Clearance Officer's reasons and supporting evidence:

UK Border Agency and the British Deputy High Commission Chennai provides information to visa applicants about the types of documents they will be required to produce so that they can demonstrate to the visa officer that they meet the requirements of the Immigration Rules. We advise applicants that the failure to submit such documentation may result in refusal of the application. This decision has been made on the basis of the evidence you have supplied. The onus is on applicants to demonstrate that they meet the requirements of the relevant rules. You have declared that the information you have provided is complete and true to the best of your knowledge. I have carefully considered your passport, application form and documents that you have provided. It has not been necessary to interview you in order to reach a decision.

You have applied for an entry clearance to the United Kingdom as the partner/spouse of a PBS Migrant. You provided your CITI bank statement which shows you have held a minimum balance of funds for Rs 361084 (4,689.41 GBP). You are required to show that you and your spouse has 7,200 GBP (1600 + 800 * 3) available to you. Given your available funds, I am not satisfied you have met the requirements of Paragraph 319C (g)
of HC 395 as amended.

I therefore refuse your application."

Best Regards

[ash786]

Dear All,

My wife's Tier 1 Dependant application has been refused on the grounds that we (my wife and I) did not maintain sufficient balance. The ECO has erroneously observed that the two of us were required to show 7200 GBP instead of 4400 GBP (2800 + 1600), as per Immigration Rules. Both of us are in India at the moment.

I've submitted my appeal and have been following up with the Chennai Deputy High Commission ever since. Looks like these customer officers are extremely irresponsible morons, each one painting a different story!javascript:emoticon(':evil:')

Alternatively, could I threaten the BHC or the ECO with legal action?

I'm distressed. Seniors, kindly advise, any help with current appeal timelines would be highly appreciated!

1. If it was an initial application then the requirements are (£2800+£1600) which u had.
2. Looks like they made a mistake.
3. U hav done u administrative review plus did u write them a cover letter pointing out the mistake they made.
4. If they are sensible enough then they will realise the mistake.
5. Threating them legal action wud not help at all as its not UK where its easy to do that.

[rpanigra]

Dear ash786,

Thanks for your message!

Yes, it was an initial application for entry clearance. An Administrative Review has not been possible in my case since it was a dependant application. Apparently, dependants are only allowed to appeal.

Since the day I posted them the appeal, I've been following up with cover letters emailed and faxed to them. Hasn't helped much.

Seniors, veterans, kindly advise. Any other ideas?

Best Regards

[letmec2006]

Hi

It has been so unfortunate in your case that this had happen. Did you try submitting a formal complaint to BHC Chennai regarding this. Appeal is a long process as you would know. I personally feel thretening them would not help.

Hope things go well for you.

[rpanigra]

Dear letmec2006,

Thanks for your reply.

No, I'll submit a formal complaint to the BHC as soon as possible. Any idea about the format or template? That'll help mellow down the tone of the complaint as I do not want to sound too aggressive.

BTW, typically, how long (months) does an appeal take under these circumstances? I've a flowchart from the UKBA website that suggests an AIT hearing can take place as early as 4 months from the date of lodging the appeal. It also mentions very clearly that the decision will be first reviewed by an Entry Clearance Manager at the visa post (Chennai in this case) before being forwarded to the AIT for the hearing. I've opted for a documentary hearing as opposed to an oral hearing.

Kindly share your experiences.

Thanks again...Best Regards