Appeal dependent visa rejection; Oral hearing vs. on papers

[raj.london]

Dear All,
I have been living in UK for past 2 yrs and my family (wife and 2 children) visited me here on family visitor visa in April 2011.

After returning they applied for dependent visa. However, despite sufficient maintenance funds available, their dependent visa was rejected at Delhi center on quite useless grounds:

ECO stated: ‘The Bank statements of these accounts were not on a headed paper or with a letter from the bank confirming the minimum balance held for a 90day period, no more than 1 calendar month old’.

Now I am going for an appeal and have couple of basic questions:

1. Should I send my appeal documents to BHC Delhi 'OR' apply here in London directly? Which one would be quicker and effective mode?

2. I am considering going for 'on paper' decision rather than for 'oral hearing. I think, I have sufficient evidence and supporting documents to support that.
Would you suggest to go for an oral hearing instead? What could be the potential cons of going for an 'on paper' decision appeal, if any?

Any other useful suggestions and anecdotal experiences to help me file appeal would be highly appreciated!

Thank you and regards
R

[Lucapooka]

Can you describe the bank statement that you provided? How did you obtain this? If it's merely a matter of getting a genuine statement (and that otherwise you have the money and have had it for the required period) there is every chance of getting this resolved at the ECM review.

[batleykhan]

Dear All,
I have been living in UK for past 2 yrs and my family (wife and 2 children) visited me here on family visitor visa in April 2011.

After returning they applied for dependent visa. However, despite sufficient maintenance funds available, their dependent visa was rejected at Delhi center on quite useless grounds:

ECO stated: ‘The Bank statements of these accounts were not on a headed paper or with a letter from the bank confirming the minimum balance held for a 90day period, no more than 1 calendar month old’.

Now I am going for an appeal and have couple of basic questions:

1. Should I send my appeal documents to BHC Delhi 'OR' apply here in London directly? Which one would be quicker and effective mode?

New Delhi is better as sending it to IAT in UK, will only mean they will have to forward it to ND for ECM review.


2. I am considering going for 'on paper' decision rather than for 'oral hearing. I think, I have sufficient evidence and supporting documents to support that.
Would you suggest to go for an oral hearing instead? What could be the potential cons of going for an 'on paper' decision appeal, if any?

Oral hearing is much better than paper hearing. At an oral hearing you will be present and can argue your case, whereas in paper hearing, it will be heard in your absence.

Any other useful suggestions and anecdotal experiences to help me file appeal would be highly appreciated!

As already been suggested that if you provide the correct docs, it may be overturned on review by an ECM.

Thank you and regards
R

[raj.london]

Can you describe the bank statement that you provided? How did you obtain this? If it's merely a matter of getting a genuine statement (and that otherwise you have the money and have had it for the required period) there is every chance of getting this resolved at the ECM review.

Hi Lucapooka!, The bank statements that I provided were electronically generated (as per UKBA guidance), with my name address and account number and had sign on stamp on each page.

Now I am resubmitting an additional headed letter from bank stating minimum balance in my account for 90 days pertaining to bank statement period. Any advise would be most welcome

Cheers
R

[raj.london]

Dear All,
I have been living in UK for past 2 yrs and my family (wife and 2 children) visited me here on family visitor visa in April 2011.

After returning they applied for dependent visa. However, despite sufficient maintenance funds available, their dependent visa was rejected at Delhi center on quite useless grounds:

ECO stated: ‘The Bank statements of these accounts were not on a headed paper or with a letter from the bank confirming the minimum balance held for a 90day period, no more than 1 calendar month old’.

Now I am going for an appeal and have couple of basic questions:

1. Should I send my appeal documents to BHC Delhi 'OR' apply here in London directly? Which one would be quicker and effective mode?

New Delhi is better as sending it to IAT in UK, will only mean they will have to forward it to ND for ECM review.


2. I am considering going for 'on paper' decision rather than for 'oral hearing. I think, I have sufficient evidence and supporting documents to support that.
Would you suggest to go for an oral hearing instead? What could be the potential cons of going for an 'on paper' decision appeal, if any?

Oral hearing is much better than paper hearing. At an oral hearing you will be present and can argue your case, whereas in paper hearing, it will be heard in your absence.

Any other useful suggestions and anecdotal experiences to help me file appeal would be highly appreciated!

As already been suggested that if you provide the correct docs, it may be overturned on review by an ECM.

Thank you and regards
R

Thank you batleykhan!, Your advise is precious. I will submit my application at Delhi centre and will go for a verbal hearing!

Will keep you posted on the updates/result

Cheers
R

[raj.london]

Hi All, Thanks for you support and advise. The Entry Clearance Manager - BHC New Delhi has overturned the earlier refusal.

Now my wife and children will be getting the dependent visa!!
Thanks

[kimpossible]

Hi, I have just had my husbands spouse visa refused on the ground I do not earn enough, I have a steady job and get extra income from being a student host family which they have not taken into account, I will now be getting a second job to prove to them I earn enough. I will be appealing to the decesion for an oral hearing, but I would just like to know how long it takes from when you file the apeal papers to a final decision, any advice would help. Thank Kim

[kimpossible]

When appealing is it best to get a solictor?