Tier 2 entry clearance refused

pokale2600 · Post by **pokale2600** » Tue Apr 05, 2011 1:34 pm

Hello everyone,

i have been following this forum for a while and many of you might be aware about my story.

--i applied for tier 2 from UK without CoS. aim was to buy more time so we can get a CoS
--ultimately my application was refused and appeal was dismissed with conclusion i can make a freash application or appeal in upper tribunal. However in mean time company managed to get a CoS.
--lawyer sugested to make a freash application from india as UKBA might have rejecetd my in country application as a out of date application
--i applied from india and entry clearance application was refused. the reason they gave was my bank statement doesnt prove i have enough balance of Â£800 for 90 days..
--i was very disapointed as my balance never went down bellow Â£800 i gave them bank statement from oct10-dec10. I couldnt get jan 11 statment as was leaving UK on 1st of feb so i took letter from bank on banks letter pad with all necessary details on it saying my balance was never bellow Â£800 from 31 dec till 1st of Feb. also mentioned was closing balance on 1st feb which was more than Â£800.
-- i have submitted application on 10th of Feb.

my lawyer thinks its unfair decision but he cant gurentee of decision will be overturned in appeal. can anyone please guide me what are the chances of success???

regards

arsenal49 · Post by **arsenal49** » Tue Apr 05, 2011 1:43 pm

when was your oct- dec statement printed?

i am assuming more than a month ago from 10th of February

Policy guidance states the statements must be printed within a month of date of application.

Furthermore, why your lawyer thinks its an unfair decision and yet say your chances of winning the appeal isnt good!

To me, it suggests either he is not a very competent lawyer or basically, he is trying to hide his mistake that he made at some point during your application!

pokale2600 · Post by **pokale2600** » Tue Apr 05, 2011 1:55 pm

Thanks arsenal

i can see the reason of refusal now. my Oct-Dec bank statements were printed at the end of respective months. so it is obvious mistake from the solicitor.

that was hired by my company to look after my visa. they never bothered to check dates on bank statements

pokale2600 · Post by **pokale2600** » Tue Apr 05, 2011 2:05 pm

hello moderator..i can see the name of agency was deleted from my above post. just wondering if it is against the rule to disclose name of agency who spoiled my carreer.

Post by **geriatrix** » Tue Apr 05, 2011 2:22 pm

Read the T&Cs before posting on the forum.

I beg to differ as to who is responsible for "spoiling" your career.

pokale2600 · Post by **pokale2600** » Tue Apr 05, 2011 3:42 pm

Hi sushdmehta,,,apologies..its my frustration. me n my company have been working really hard on my application and in the end it was silly mistake. sorry again

pricesoft · Post by **pricesoft** » Thu Apr 07, 2011 12:20 pm

So sorry to hear about the refusal of your entry clearance.

Please can you clarify what you mean by 'my Oct-Dec bank statements were printed at the end of respective months'? Your original post seems to suggest that you may have gone about it correctly but I think I may be missing something out.

The Station Agent · Post by **The Station Agent** » Thu Apr 07, 2011 3:18 pm

Surely a bank statement for November doesn't have to be "printed within a month of the application"? That would be farcical. The statements are supposed to be for the 3 months before the month of application, which should have been Nov, Dec, Jan. However, banks sometimes issue statements in the middle of a month or take a long time to generate a statement. I'd say this decision (refusal) was totally out of order.

The system has totally let you down.

mt_dilber · Post by **mt_dilber** » Thu Apr 07, 2011 5:31 pm

I think if you appeal against it, you will win.

pokale2600 · Post by **pokale2600** » Fri Apr 08, 2011 3:32 pm

Hi guys. thanks for reply. my bank sends me bank statment at the end of each month. so i got my oct bank statment on 1 st of nov and issue date on it is 31of oct and it is same for nov, dec statments.

our lawyer suggests to apply for CoS again (they applied for 1 already) as he thinks my job is in shortage list so its very likely that i will get one. according to him appeal might take longer may 8-10 weeks and we dnt knw how positive it will be. time is imp for company they might not be able to hold my job for long time.

Post by **geriatrix** » Fri Apr 08, 2011 4:18 pm

pokale2600 wrote:appeal might take longer may 8-10 weeks

One can expect a decision in this timeframe only if the refusal is overturned at the local (BHC) level as a result of review.

If the appeal is forwarded to FTTIAC / tribunal in the UK, consider the time line to increase to several months.

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