Tier 1 - General Dependant appeal process

[ksaravanans]

Hi,

I have recently applied for appeal(IATF2 form) as my spouse was rejected telling the bank statements are not authorised though i have submitted a letter from bank as well. Now i have appealed against the decision and have also provided bank statement with Bank stamp on the same. Can any one in the forum confirm whether i can submit additional new documents while i make an appeal or the appeal for Tier 1 Dependant should only be done based on the documents we initially submitted? Pls. help on this.

Regards,

SK

[vinny]

Additional evidence (85(5)) possible.

[ksaravanans]

Hi vinni,
Am not exactly what 85(5) says about tier 1 dependant visas
Applied from abroad? I got a iatf2 form but I read like only administrative
Review possible for points based. Is it not valid for dependant
Visa?

[Greenie]

Administrative review is for Points Based System applications made from abroad where there is generally no right of appeal.

A PBS dependent application is not a points based application and therefore applicants do have a right of appeal to the tribunal and so cannot apply for administrative review (a right of appeal means that an independent tribunal will look at the decision, as opposed to just the entry clearance officer reviewing the decision). The IAFT1 form is for an appeal, not for admin review.

85(5) allows you to submit new evidence in entry clearance appeals where it relates to the circumstances at the date of decision - therefore you can submit and rely on statements showing you had the funds at the date of decision, you can't rely on statements which show that you now have the money but didn't have it at the date of decision,

[ksaravanans]

Thanks....I have submitted a stamped copy of
Online statement which is having transactions
For the past 1 year including the date on which
I made apllication and it's currently pending
For emmigration manager to review abroad
..hope that will be accepted by the high
Commission abroad...fingers crossed..

[Greenie]

does the online statement include the bank's logo?

[ksaravanans]

Yes...it does have the bank logo, my name,
Address in uk and the account details with bank
Official stamp on the transactions page..hope that's
Fine?

[ksaravanans]

Vinni,

As per the below link(85A) they don't accept any additional evidence for the categories listed? Can you pls. check and confirm the same?


http://www.legislation.gov.uk/ukpga/200 ... ction-85-4

Additional evidence (85(5)) possible.

[ksaravanans]

I was referring to point 4(a) under 85 A

Vinni,

As per the below link(85A) they don't accept any additional evidence for the categories listed? Can you pls. check and confirm the same?


http://www.legislation.gov.uk/ukpga/200 ... ction-85-4

Additional evidence (85(5)) possible.

[vinny]

As Greenie stated, (Tier 1) dependant is not under the Points Based System. 85A is not applicable.

[Reddevil12]

@ksaravanans

Sorry to bother you with a silly question. Can I ask you when you got initially rejection for dependant application was it because the statements were on-line printed and does not include any stamp from the bank authorised or have you submitted original bank statement without any stamp on it. Can you please shed some light on this. Because I have submitted similar sort of statements with the bank letter confirming the statements authenticity. Your response would be really appreciated. Thanks

[ksaravanans]

I submitted a letter confirming the funds but it
Dint authenticate the statements which was not
Stamped by the branch ...now only I have
Submitted the stamped one after the rejection...

@ksaravanans

Sorry to bother you with a silly question. Can I ask you when you got initially rejection for dependant application was it because the statements were on-line printed and does not include any stamp from the bank authorised or have you submitted original bank statement without any stamp on it. Can you please shed some light on this. Because I have submitted similar sort of statements with the bank letter confirming the statements authenticity. Your response would be really appreciated. Thanks

[Reddevil12]

Was it a printed on-line statement or Was it a Original statement from the bank. Please do confirm on that. Thanks

[ksaravanans]

It was printed online...I just relied on the letter...that was the mistake from my side...

Was it a printed on-line statement or Was it a Original statement from the bank. Please do confirm on that. Thanks

[ksaravanans]

Sorry vinny...I was just concerned because
As tier 1 is a points based one I was of the view
That it applies for dependants as well..
In that case I can wait till the appeal completes
Rather than making a fresh one right?

As Greenie stated, (Tier 1) dependant is not under the Points Based System. 85A is not applicable.

[Greenie]

Sorry vinny...I was just concerned because
As tier 1 is a points based one I was of the view
That it applies for dependants as well..
In that case I can wait till the appeal completes
Rather than making a fresh one right?

As Greenie stated, (Tier 1) dependant is not under the Points Based System. 85A is not applicable.

A PBS dependent application is NOT a points based application (hence why you get a right of appeal in the first place), so, the answer is that you can submit new evidence as explained above.

[ksaravanans]

Thanks Vinny and Greenie..

[ksaravanans]

All..my wives appeal was successful and we were asked to submit the passport through VFS...thanks all....

[david1955]

All..my wives appeal was successful and we were asked to submit the passport through VFS...thanks all....

Hi Ksaravanans,
Can you please shed some light on this, as where did u lodged your appeal, as i understand now all the appeals has to be lodged in uk triibunal from 19 dec 2011 ? Please let us know ,, as my wife depedent visa was refused as well and we were asked to lodged the appeal in uk tribunal and not on post

[ksaravanans]

My wives visa was refused before 19th to be precise on 15th Dec(Lucky though) and i have submitted the appeal in Chennai Embassy...though i submitted in Chennai looks like they have registered our case in UK tribunal as they started looking into the appeal only after we got a confirmation from UK tribunal that the appeal is registered with them...the whole process of appeal took 5 weeks and just 10 days from the date we got the letter from tribunal. As far as my knowledge in India still they collect the appeal form and forward it to UK tribunal. where are you applying from?

All..my wives appeal was successful and we were asked to submit the passport through VFS...thanks all....

Hi Ksaravanans,
Can you please shed some light on this, as where did u lodged your appeal, as i understand now all the appeals has to be lodged in uk triibunal from 19 dec 2011 ? Please let us know ,, as my wife depedent visa was refused as well and we were asked to lodged the appeal in uk tribunal and not on post

[ashehzi]

Hi,

The whole process could take 1 to 2 months, atleast in my case took 40 days i believe for complete process after I lodged appeal.

You can submit additional documents like bank statements in your case. In my case, case officer didn't see the bank statement as it was just one page from hsbc, containing enough funds for more than 90 days. So, I had to submit new statement and a letter from the bank mentioning enough funds, during appeal process. Ofcourse the whole process was painful but at the end, it was successful which matters the most.

[david1955]

My wives visa was refused before 19th to be precise on 15th Dec(Lucky though) and i have submitted the appeal in Chennai Embassy...though i submitted in Chennai looks like they have registered our case in UK tribunal as they started looking into the appeal only after we got a confirmation from UK tribunal that the appeal is registered with them...the whole process of appeal took 5 weeks and just 10 days from the date we got the letter from tribunal. As far as my knowledge in India still they collect the appeal form and forward it to UK tribunal. where are you applying from?

All..my wives appeal was successful and we were asked to submit the passport through VFS...thanks all....

Hi Ksaravanans,
Can you please shed some light on this, as where did u lodged your appeal, as i understand now all the appeals has to be lodged in uk triibunal from 19 dec 2011 ? Please let us know ,, as my wife depedent visa was refused as well and we were asked to lodged the appeal in uk tribunal and not on post

thanks for your reply...i have appealed straight from uk tribunal rather than posting it to the embassy.byt my post was mumbai...appealed on 7 feb but still havent heard anything from them

[ksaravanans]

your right..we got back the passport after 45 days...

Hi,

The whole process could take 1 to 2 months, atleast in my case took 40 days i believe for complete process after I lodged appeal.

You can submit additional documents like bank statements in your case. In my case, case officer didn't see the bank statement as it was just one page from hsbc, containing enough funds for more than 90 days. So, I had to submit new statement and a letter from the bank mentioning enough funds, during appeal process. Ofcourse the whole process was painful but at the end, it was successful which matters the most.

[ksaravanans]

It takes approximately 1 month to receive the letter from Tribunal and in the same time tribunal will send a copy to the respondent(ECO) for him to reconsider the decision and they will give a date before which the ECO should respond to the tribunal...If ECO decides to over turn they will give a call from embassy to submit passport in VFS if not your appeal will be heard by the Tribunal Judge.

My wives visa was refused

before 19th to be precise on 15th Dec(Lucky though) and i have submitted the appeal in Chennai Embassy...though i submitted in Chennai looks like they have registered our case in UK tribunal as they started looking into the appeal only after we got a confirmation from UK tribunal that the appeal is registered with them...the whole process of appeal took 5 weeks and just 10 days from the date we got the letter from tribunal. As far as my knowledge in India still they collect the appeal form and forward it to UK tribunal. where are you applying from?

All..my wives appeal was successful and we were asked to submit the passport through VFS...thanks all....

Hi Ksaravanans,
Can you please shed some light on this, as where did u lodged your appeal, as i understand now all the appeals has to be lodged in uk triibunal from 19 dec 2011 ? Please let us know ,, as my wife depedent visa was refused as well and we were asked to lodged the appeal in uk tribunal and not on post

thanks for your reply...i have appealed straight from uk tribunal rather than posting it to the embassy.byt my post was mumbai...appealed on 7 feb but still havent heard anything from them

[itzphani]

Hi David1955,

Just wonder , did you hear anything from Tribunal?

Even my wife's visa refused last month. Just today she has submitted her documents directly to UK first tier tribunal. Because VFS no more accepting appeal applications.

Please could you let us know your progress...

Thanks very much
Itzphani