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Tier 1 Gen-Dependent visa rejected-Need advice for appeal

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

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

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santhoap
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Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Tier 1 Gen-Dependent visa rejected-Need advice for appeal

Post by santhoap » Sat May 07, 2011 7:39 am

Hi Friends, I badly need your valuable help on my issue. I am Tier 1 General main applicant living and working in UK from Aug 2010. I have applied dependent visas for my wife and my 10 month old child in April 2011. As per policy guidance , I have maintained minimum of 4000 pounds ( 800 for main applicant since i am in UK less than 12 months, 1600 for my wife and 1600 for my child).

I got rejection for the dependent visas saying I am supposed maintain 6000 pounds ( 2800 for main applicant, 1600 for my wife and 1600 for my kid). I need help from our senior advisors in understanding is it correct ?

Also I was told that I have not attached any proof on marriage sustainship. Is it reallly must to add such a proof , If so can I add my mobile phone bill where it has mentioned call history of my calls to my wife.

So please help me whether 4000 pounds is sufficient to show minimum balance and mobile phone bills are sufficient for the appeal. Also please let me know how long appeal takes time ?

I really appreciate you for your suggestions and advice.

Thanks,
Arun

isha123
Newly Registered
Posts: 27
Joined: Thu Apr 21, 2011 5:35 am
Location: India

Re: Tier 1 Gen-Dependent visa rejected-Need advice for appea

Post by isha123 » Sat May 07, 2011 11:46 am

sorry to know that..I will not be able to advise on funds and wait for senior members to reply..for marriage proof certainly mobile bill will not be accepted. in my opinion.u have to show a valid proof of ur relationship with the dependent..this was the advice of vfs staff when i filed my visa..u will have to show marriage certificate and these days they r also askin for wedding card, wedding venue receipt and wedding pics..hope it helps..

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Post by santhoap » Sat May 07, 2011 3:01 pm

Hi Isha, Thanks for the reply. I forgot to mention that I have already added wedding certificate, wedding card, marriage photos etc. Case decision maker asking for marriage sustainship proof , that means the proof for that we both are in communication since my arrival to UK in Aug 2010. It is mentioned in rule 319C.

"(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made."

So I need to know is it must to add mobile phone bill, what is the minimum fund maintenance.

oneITguy
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Posts: 51
Joined: Wed Jul 30, 2008 12:49 pm
Location: xyz
Contact:

Re: Tier 1 Gen-Dependent visa rejected-Need advice for appea

Post by oneITguy » Sat May 07, 2011 6:56 pm

santhoap wrote:Hi Friends, I badly need your valuable help on my issue. I am Tier 1 General main applicant living and working in UK from Aug 2010. I have applied dependent visas for my wife and my 10 month old child in April 2011. As per policy guidance , I have maintained minimum of 4000 pounds ( 800 for main applicant since i am in UK less than 12 months, 1600 for my wife and 1600 for my child).

I got rejection for the dependent visas saying I am supposed maintain 6000 pounds ( 2800 for main applicant, 1600 for my wife and 1600 for my kid). I need help from our senior advisors in understanding is it correct ?

Also I was told that I have not attached any proof on marriage sustainship. Is it reallly must to add such a proof , If so can I add my mobile phone bill where it has mentioned call history of my calls to my wife.


So please help me whether 4000 pounds is sufficient to show minimum balance and mobile phone bills are sufficient for the appeal. Also please let me know how long appeal takes time ?

I really appreciate you for your suggestions and advice.

Thanks,
Arun

Hi santhoap,

Its painful. i guess your wife's passport must be on her old name. You need to make an Appeal and need to show the proof of period you lived together at your home, and its one of the proof must be there in your passport as Entry/Exit stamp, birth certificate of your child stating your name in that. etc.
xyz

isha123
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Posts: 27
Joined: Thu Apr 21, 2011 5:35 am
Location: India

Re: Tier 1 Gen-Dependent visa rejected-Need advice for appea

Post by isha123 » Sun May 08, 2011 8:58 am

I agree with OneITguy..good luck

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Post by santhoap » Sun May 08, 2011 10:27 am

In my wife passport, surname is her father's name. whether the proof for sustainship can be proved if I change her surname to my name. Or Can I show my phone bill which contains call history. Or can I prove that few bank transactions on transferring amount to her account.

Most importantly how much minimum fund I need to maintain for my scenario.Pls let me know ASAP.

ekoonibaje
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Posts: 6
Joined: Tue Apr 26, 2011 3:19 pm

Post by ekoonibaje » Sun May 08, 2011 9:07 pm

If you guys have been exchanging mails, you can print and show them as proof of sustainability.

johnyboy
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Posts: 15
Joined: Tue Nov 16, 2010 7:23 am

Post by johnyboy » Mon May 09, 2011 10:02 am

I have applied with 800 (main applicant) + (1600 * 2) two dependents = 4000 and i got it approved.

I am in UK for less than 12 months.
santhoap wrote:In my wife passport, surname is her father's name. whether the proof for sustainship can be proved if I change her surname to my name. Or Can I show my phone bill which contains call history. Or can I prove that few bank transactions on transferring amount to her account.

Most importantly how much minimum fund I need to maintain for my scenario.Pls let me know ASAP.

ibs_1221
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Posts: 24
Joined: Wed Mar 23, 2011 11:43 am

Post by ibs_1221 » Tue May 10, 2011 10:35 am

Hi Santhoap,

for the same reason (funds maintaince) my dependents visa also got rejected. I have appealed for my wife and kid.

I really did search a lot no where clearly mention about the sponser requires £2800 if he is staying less than 12 months in UK.

you can also appeal it.

you can check my posts in below link

http://www.immigrationboards.com/viewto ... 304#472304

johnyboy wrote:I have applied with 800 (main applicant) + (1600 * 2) two dependents = 4000 and i got it approved.

I am in UK for less than 12 months.
santhoap wrote:In my wife passport, surname is her father's name. whether the proof for sustainship can be proved if I change her surname to my name. Or Can I show my phone bill which contains call history. Or can I prove that few bank transactions on transferring amount to her account.

Most importantly how much minimum fund I need to maintain for my scenario.Pls let me know ASAP.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed May 25, 2011 9:15 pm

santhoap wrote:Hi,
I am in UK for lesser than 12 months. My dependents recently applied visa and got rejected. Now I am planning to appeal. I would like to know more information on the appeal process.

1. If I appeal how long it takes generally to get reply
2. Should I need to reattach the same documents (even photocopies) which I have submitted in initial submission of the application ?
3. What are the documents can be proved for Marriage subsisting. It is not marriage proof. But the proof for maintaining marriage relationship with my wife since I am in UK. I do have phone bill that denotes my wife's number in call history. Is it sufficient ? I have created a joint account after the visa the refusal. Can I add that ? Photocopy of ration card ?

Appreciate in advance for your reply.
Life isn't fair, but you can be!

mvent00
Diamond Member
Posts: 1003
Joined: Thu Apr 16, 2009 10:18 am

Re: Tier 1 Gen-Dependent visa rejected-Need advice for appea

Post by mvent00 » Wed May 25, 2011 10:16 pm

santhoap wrote:Hi Friends, I badly need your valuable help on my issue. I am Tier 1 General main applicant living and working in UK from Aug 2010. I have applied dependent visas for my wife and my 10 month old child in April 2011. As per policy guidance , I have maintained minimum of 4000 pounds ( 800 for main applicant since i am in UK less than 12 months, 1600 for my wife and 1600 for my child).

I got rejection for the dependent visas saying I am supposed maintain 6000 pounds ( 2800 for main applicant, 1600 for my wife and 1600 for my kid). I need help from our senior advisors in understanding is it correct ?

Also I was told that I have not attached any proof on marriage sustainship. Is it reallly must to add such a proof , If so can I add my mobile phone bill where it has mentioned call history of my calls to my wife.

So please help me whether 4000 pounds is sufficient to show minimum balance and mobile phone bills are sufficient for the appeal. Also please let me know how long appeal takes time ?

I really appreciate you for your suggestions and advice.

Thanks,
Arun

You need 1600+1600+1600=4800 GBP, marriage certificate with your wife's application and birth certificate with your son's application, and pages of your passport containing Tier 1 visa and your particulars.

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Post by santhoap » Thu May 26, 2011 6:42 am

Hi, Can someone confirm mvent00. He says 4800 is needed which looks strange for me. Moderators please tell me how much I am supposed to maintain.

Now I am planning to appeal. I would like to know more information on the appeal process.

1. If I appeal how long it takes generally to get reply
2. Should I need to reattach the same documents (even photocopies) which I have submitted in initial submission of the application ?
3. What are the documents can be proved for Marriage subsisting. It is not marriage proof. But the proof for maintaining marriage relationship with my wife since I am in UK. I do have phone bill that denotes my wife's number in call history. Is it sufficient ? I have created a joint account after the visa the refusal. Can I add that ? Photocopy of ration card ?

Appreciate in advance for your reply.

mulderpf
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Posts: 1669
Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Thu May 26, 2011 7:50 am

I think people get confused with regards to maintenance (so I'm going to try and explain?). When you applied, you had to show £2800. When you now apply for your dependents, you need to show that money, plus whatever is required for them (e.g. 1600 + 1600).

If it was indeed the case that the moment you get to the UK and THEN apply for dependent visas, your maintenance requirement drops by £2000 - then it would mean that nobody would apply together and all the main applicants would simply fly over to the UK and then apply on day 1, because by simply getting on a plane, a stringent requirement suddenly becomes relaxed.

The £800 for you "guideline" is if you were applying for leave to remain in the UK - but this isn't about your application, it's an application for your dependents, so you still fall under the same rules as your initial application in Aug 2010 (£2800 requirement).

ibs_1221
Newly Registered
Posts: 24
Joined: Wed Mar 23, 2011 11:43 am

Post by ibs_1221 » Thu May 26, 2011 9:27 am

Hi Santhoap,

Go for Appeal. Looks your case similar to my case

I have got my dependants appeal successful.

Date of Appeal : 5/4/2011
Appeal reaching BHC, Chennai : 6/4/2011
Date of decision got revoked and letter sent from BHC, chennai : 12/5/2011.
Date of letter received by me : 19/5/2011.
submitted the passports in VFS, Hyderabd: 20/5/2011.
got the VISA & collected passports in VFS, Hyderabd: 26/5/2011.


mulderpf wrote:I think people get confused with regards to maintenance (so I'm going to try and explain?). When you applied, you had to show £2800. When you now apply for your dependents, you need to show that money, plus whatever is required for them (e.g. 1600 + 1600).

If it was indeed the case that the moment you get to the UK and THEN apply for dependent visas, your maintenance requirement drops by £2000 - then it would mean that nobody would apply together and all the main applicants would simply fly over to the UK and then apply on day 1, because by simply getting on a plane, a stringent requirement suddenly becomes relaxed.

The £800 for you "guideline" is if you were applying for leave to remain in the UK - but this isn't about your application, it's an application for your dependents, so you still fall under the same rules as your initial application in Aug 2010 (£2800 requirement).

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Post by santhoap » Thu May 26, 2011 10:11 am

Hi Mulderpf,

Thanks for the explanation. But I am confused with the approval of the visa of ibs... So do u suggest me to re apply freshly or appeal ?

Hi ibs...

Congrats for your approval. Please let me know u just got Tier 1 G and in UK or You were already in UK in different visa before being in Tier 1.

Let me know you when ur Tier 1 G approved
When you entered in UK ? ( Pls mention which visa by which you entered)
When you applied for your dependents.

Because I am planning to appeal since you and ZSenthil appeals were successful. I am trying to see whether my case is anywhere different to both of you.

Thanks,
Arun

mulderpf
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Location: London

Post by mulderpf » Thu May 26, 2011 10:49 am

I suggest you appeal, because the rules are not clear. It depends on the point of view of the person looking at it whether you still have to have the funds you had originally or whether arriving in the UK changes that despite the application not being for yourself, but your dependents.

UKMASTER
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MULDER PF

Post by UKMASTER » Thu May 26, 2011 11:27 am

I THINK MULDER PF CONFUSED YOU MORE,
THE BEST THING AS U ARE ALREADY IN UK U NEED TO SHOW ONLY 800 +1600+1600 FOR YOUR DEPENDANTS AS FAR AS THE POLICY GUIDES TELL ME , IF ANYONE WHO THINKS YOU NEED TO SHOW 6000 POUNDS ASK HM TO PROVE WITH A LINK . I AM SORRY DONT TAKE THIS AS A PERSONAL ATTACK ON ANYONE.
THANKS

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Post by santhoap » Thu May 26, 2011 3:43 pm

Hi I am looking for answers for below questions. Seniors please give your reply.

1. If I appeal how long it takes generally to get reply
2. Should I need to reattach the same documents (even photocopies) which I have submitted in initial submission of the application ?
3. What are the documents can be proved for Marriage subsisting. It is not marriage proof. But the proof for maintaining marriage relationship with my wife since I am in UK. I do have phone bill that denotes my wife's number in call history. Is it sufficient ? I have created a joint account after the visa the refusal. Can I add that ? Photocopy of ration card ?

mvent00
Diamond Member
Posts: 1003
Joined: Thu Apr 16, 2009 10:18 am

Re: Tier 1 Gen-Dependent visa rejected-Need advice for appea

Post by mvent00 » Thu May 26, 2011 11:12 pm

mvent00 wrote:
santhoap wrote:Hi Friends, I badly need your valuable help on my issue. I am Tier 1 General main applicant living and working in UK from Aug 2010. I have applied dependent visas for my wife and my 10 month old child in April 2011. As per policy guidance , I have maintained minimum of 4000 pounds ( 800 for main applicant since i am in UK less than 12 months, 1600 for my wife and 1600 for my child).

I got rejection for the dependent visas saying I am supposed maintain 6000 pounds ( 2800 for main applicant, 1600 for my wife and 1600 for my kid). I need help from our senior advisors in understanding is it correct ?

Also I was told that I have not attached any proof on marriage sustainship. Is it reallly must to add such a proof , If so can I add my mobile phone bill where it has mentioned call history of my calls to my wife.

So please help me whether 4000 pounds is sufficient to show minimum balance and mobile phone bills are sufficient for the appeal. Also please let me know how long appeal takes time ?

I really appreciate you for your suggestions and advice.

Thanks,
Arun

You need 1600+1600+1600=4800 GBP, marriage certificate with your wife's application and birth certificate with your son's application, and pages of your passport containing Tier 1 visa and your particulars.

Hi, Santhoap,
Sorry, I feel like that Tier 1-General is on the verge of disappearing and rules keep changing all the time. Because of this post I said 4800 GBP and there was no word from the fellow members, so I said same. But, I am sorry, it appears not to be correct. Actually, right now, there is no information available about Tier1 general main applicant outside UK's maintenance funds, that how much, YOU, the main applicant, should show. But for your dependents, it is clear that as you are in UK for less than one year, they must show 1600 GPB each. Please see this link.

If I were you, I would show 2800 GBP for the main applicant (as it was the value for a similar scenario in last available rules and right now there is no information, I just checked it on all available links, wait for others input too). So, it would be 2800 + 1600 + 1600 = 6000 GBP.

And for the documents with your dependents application, please see this and this link. Hope that helps.

ibs_1221
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Re: Tier 1 Gen-Dependent visa rejected-Need advice for appea

Post by ibs_1221 » Fri May 27, 2011 10:11 am

Hi Santhoap

My Tier 1 is Approved on 12th Aug 2010
I came to UK on 21st Aug 2010
applied visa for My dependents on 25th Feb 2011
My dependents application rejected on 20th March 2011 saying i should show £2800 ( but i maintained £800) for me £1600 for each dependent. (£800 + £1600 + £1600 )

My Appeal process took around 40 days.. so i will suggest you go for
Appeal.NOT Clear policy says to show £2800 for main applicant..It all Depends on the Mood of Case worker i guess..
:? :cry:
i have NOT included any new documents in my appeal only i submitted
LATEST statements to prove that "Still i am maintaining the funds($4000)"




Let me know you when ur Tier 1 G approved
When you entered in UK ? ( Pls mention which visa by which you entered)
When you applied for your dependents.

mvent00 wrote:
mvent00 wrote:
santhoap wrote:Hi Friends, I badly need your valuable help on my issue. I am Tier 1 General main applicant living and working in UK from Aug 2010. I have applied dependent visas for my wife and my 10 month old child in April 2011. As per policy guidance , I have maintained minimum of 4000 pounds ( 800 for main applicant since i am in UK less than 12 months, 1600 for my wife and 1600 for my child).

I got rejection for the dependent visas saying I am supposed maintain 6000 pounds ( 2800 for main applicant, 1600 for my wife and 1600 for my kid). I need help from our senior advisors in understanding is it correct ?

Also I was told that I have not attached any proof on marriage sustainship. Is it reallly must to add such a proof , If so can I add my mobile phone bill where it has mentioned call history of my calls to my wife.

So please help me whether 4000 pounds is sufficient to show minimum balance and mobile phone bills are sufficient for the appeal. Also please let me know how long appeal takes time ?

I really appreciate you for your suggestions and advice.

Thanks,
Arun

You need 1600+1600+1600=4800 GBP, marriage certificate with your wife's application and birth certificate with your son's application, and pages of your passport containing Tier 1 visa and your particulars.

Hi, Santhoap,
Sorry, I feel like that Tier 1-General is on the verge of disappearing and rules keep changing all the time. Because of this post I said 4800 GBP and there was no word from the fellow members, so I said same. But, I am sorry, it appears not to be correct. Actually, right now, there is no information available about Tier1 general main applicant outside UK's maintenance funds, that how much, YOU, the main applicant, should show. But for your dependents, it is clear that as you are in UK for less than one year, they must show 1600 GPB each. Please see this link.

If I were you, I would show 2800 GBP for the main applicant (as it was the value for a similar scenario in last available rules and right now there is no information, I just checked it on all available links, wait for others input too). So, it would be 2800 + 1600 + 1600 = 6000 GBP.

And for the documents with your dependents application, please see this and this link. Hope that helps.

nionlight
Member of Standing
Posts: 441
Joined: Sat Sep 29, 2007 4:51 pm

Re: Tier 1 Gen-Dependent visa rejected-Need advice for appea

Post by nionlight » Fri May 27, 2011 12:23 pm

ibs_1221 wrote:Hi Santhoap

My Tier 1 is Approved on 12th Aug 2010
I came to UK on 21st Aug 2010
applied visa for My dependents on 25th Feb 2011
My dependents application rejected on 20th March 2011 saying i should show £2800 ( but i maintained £800) for me £1600 for each dependent. (£800 + £1600 + £1600 )

My Appeal process took around 40 days.. so i will suggest you go for
Appeal.NOT Clear policy says to show £2800 for main applicant..It all Depends on the Mood of Case worker i guess..
:? :cry:
i have NOT included any new documents in my appeal only i submitted
LATEST statements to prove that "Still i am maintaining the funds($4000)"




Let me know you when ur Tier 1 G approved
When you entered in UK ? ( Pls mention which visa by which you entered)
When you applied for your dependents.

mvent00 wrote:
mvent00 wrote:
santhoap wrote:Hi Friends, I badly need your valuable help on my issue. I am Tier 1 General main applicant living and working in UK from Aug 2010. I have applied dependent visas for my wife and my 10 month old child in April 2011. As per policy guidance , I have maintained minimum of 4000 pounds ( 800 for main applicant since i am in UK less than 12 months, 1600 for my wife and 1600 for my child).

I got rejection for the dependent visas saying I am supposed maintain 6000 pounds ( 2800 for main applicant, 1600 for my wife and 1600 for my kid). I need help from our senior advisors in understanding is it correct ?

Also I was told that I have not attached any proof on marriage sustainship. Is it reallly must to add such a proof , If so can I add my mobile phone bill where it has mentioned call history of my calls to my wife.

So please help me whether 4000 pounds is sufficient to show minimum balance and mobile phone bills are sufficient for the appeal. Also please let me know how long appeal takes time ?

I really appreciate you for your suggestions and advice.

Thanks,
Arun

You need 1600+1600+1600=4800 GBP, marriage certificate with your wife's application and birth certificate with your son's application, and pages of your passport containing Tier 1 visa and your particulars.

Hi, Santhoap,
Sorry, I feel like that Tier 1-General is on the verge of disappearing and rules keep changing all the time. Because of this post I said 4800 GBP and there was no word from the fellow members, so I said same. But, I am sorry, it appears not to be correct. Actually, right now, there is no information available about Tier1 general main applicant outside UK's maintenance funds, that how much, YOU, the main applicant, should show. But for your dependents, it is clear that as you are in UK for less than one year, they must show 1600 GPB each. Please see this link.

If I were you, I would show 2800 GBP for the main applicant (as it was the value for a similar scenario in last available rules and right now there is no information, I just checked it on all available links, wait for others input too). So, it would be 2800 + 1600 + 1600 = 6000 GBP.

And for the documents with your dependents application, please see this and this link. Hope that helps.
First of all, congratulation on winning appeal. And only 40 days for appeal? Woowww that was really quick for you. I have spoken to few solicitors and as well as checked few sites and they mention out of country application takes about 5 to 6 months to complete.

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

Post by mtuckersa » Sat May 28, 2011 2:09 am

as i have mentioned time and time again on many a post.

DONT APPLY with minimum maintenance requirements, if you do your application will be analyzed in detail and will be rejected for any slight deviation of the rules. even if the rules are not clear

If you just add an extra couple of thousand pounds to your bank for those 90 days you can save yourself a lot of heartache and stress
Keep it simple!

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