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Help Needed - Oversight by immigration officer

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

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Boyai_pkr
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Posts: 4
Joined: Fri Jan 28, 2011 10:05 am

Help Needed - Oversight by immigration officer

Post by Boyai_pkr » Fri Jan 28, 2011 10:19 am

Hi All,
I desperately need your help.
My wife and kid's visa got rejected, the reason - The most recent transaction on the bank statement is more than 30 days old for the maintenance fund.
I had submitted bank statements for the months Oct 2010, Nov 2010 and Dec 2010, and applied for visa on 11th of Jan 2011. But the immigration officer says in the rejection letter that the last transaction was on 30 Novemeber 2010. It looks like a clear oversight on his part and somehow he has missed to see that there is a statement for decemeber 2010 also.

Now I don't know what to do. Can I do an admin review, the refusal mentions I have a right to appeal, so would they ever agree that I had the december 2010 statement in the application, and the visa officer did see it. If I appeal how much time is it going to take.

Can someone advice me on the options I have.

Regards,
Boyai

mtuckersa
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Posts: 353
Joined: Sun Jul 04, 2010 8:46 pm

Post by mtuckersa » Fri Jan 28, 2011 11:18 am

when I see stories like these and many other I think when I apply for extension I will certainly be attaching a cover letter detailing the months I am claiming for earnings and maintenance

basically spell it out for them so there is no chance of confusion or oversight

Boyai_pkr
Newly Registered
Posts: 4
Joined: Fri Jan 28, 2011 10:05 am

Post by Boyai_pkr » Fri Jan 28, 2011 11:22 am

Well I did mention clearly in the cover letter that I am submitting the bank statements covering the transactions from 1st of october 2010 to 31st of december 2010.
Now I feel there is a sinister intention to this.

gaurav_img
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Posts: 22
Joined: Sun Jan 23, 2011 1:30 am

Post by gaurav_img » Fri Jan 28, 2011 4:01 pm

was there any transaction in December on the statement?

drmastoi
Junior Member
Posts: 59
Joined: Wed Jun 23, 2010 2:46 pm

HI

Post by drmastoi » Fri Jan 28, 2011 4:34 pm

Hello Dear

Happened to me once. Clearly their fault.
Appeal will take ages .May be 3 months and more.
you should go for admin review in this case.its quicker.

Good luck

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: HI

Post by geriatrix » Fri Jan 28, 2011 4:56 pm

drmastoi wrote:you should go for admin review in this case.its quicker.
Administrative review is not an option here.


regards

Boyai_pkr
Newly Registered
Posts: 4
Joined: Fri Jan 28, 2011 10:05 am

Post by Boyai_pkr » Fri Jan 28, 2011 5:30 pm

@gaurav_img - Yes there were quite a lot of transactions in december.
@drmastoi - I thought for dependants we don't get an option for admin review. In the refusal letter I just got an option for appeal and no option for appeal.
@sushdmehta - Thanks for the link. But what are my chances through the appeal, I read in one of the thread, a decision was overturned at the post - BHC itself without the appeal going to UK.

missri
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Joined: Thu Dec 03, 2009 7:16 pm

Post by missri » Fri Jan 28, 2011 6:03 pm

You should complete the appeal forms and send it to the BHC where your initial decision was made. As per rules your appeal is first reviewed by the EC Manager (this is equivalent to admin review; and this is done in almost every appeal case). If EC Manager decides that you have a good reason for overturning the original decision than he might ask the EC Officer to consider it. If this is not the case then your appeal is forwarded to UK Appeal Authority for formal hearing.
I am telling you this from personal experience and I am absolutely sure about it. If you read your refusal letter carefully you may find this information in there. You just have to make sure that you do not send your appeal dogs directly to UK.
So, explain your point in the appeal papers and send it to BHC. This is your only chance.

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