Urgent: EC Rejected

z00ps00p · Post by **z00ps00p** » Fri Aug 08, 2008 12:31 am

Hello,

I was one of the last applicants for immigration under the HSMP from Indiaâ€”my application was received in the last week of March. Now, I have been out of employment since the end of Novemberâ€”and since that date was within three months of the end of March, I was able to provide payslips for the previous 12 months, i.e. the first twelve months in the 15-month period prior to my application.

I have chosen to stay on sabbatical since then (out of choice; I haven't been looking for jobs, especially since worthwhile temporary jobs in my field are hard to find here), with the result that I've been out of employment for over eight months now. I received HSMP approval last month (approval letter dated the middle of the month). I have read (for instance at the erstwhile EC HSMP blog, at http://echsmp.blogspot.com/2007/12/proo ... yment.html which doesn't seem to be publicly readable any more):

While applying for EC, you should be able to give enough proofs to convince the case-worker about your employment. It is advisible not to change your employer between your HSMP application and EC application. If you have changed the employer due to some reasons, explain it cleaarly in the covering letter.

Your earnings at the time of EC application also should be inline with the earnings, you have mentioned while applying for HSMP. VFS will do a verification of documents (Integra screening), which you have provided. They may contact your employer in this regard.

Now, not only have I not had a source of income for the past eight months (so my income for the six months prior to applying for entry clearance will not match the income indicated on the HSMP application), I don't have an employer either.

My questions:

Is it advisable for me to apply for entry clearance now? I note from the initial few posts in this thread that the British High Commission or Consulate may try to see if the HSMP criteria still apply, in which case I will not qualify, since the bulk of the points I earned were based on income.
If not, is it advisable for me to find work in India now, in order to bolster my income, and then apply once I have earned a substantial amount?
If it is advisable for me to work here, how long should I work? I have about five months left to apply for entry clearance (nearly a month has passed since the HSMP approval letter was issued) which is clearly a smaller interval than the six months for which I would have to indicate income to apply for entry clearance (and it will take some time for me to find a job especially after a long absence from employment, as well as some time for the application forms for entry clearance to be processed towards the end of the period).
If it is not advisable for me to look for work, what else might I have to do to be able to gain entry clearance successfully?

I've searched the Web to see if anyone else has been in this situation; I only found one post on another board about it, and that individual never received an answer.

These issues have had me worried sick over the past few days as I realize I should've checked and rectified these things at a much earlier stage, and that it may be too late to do anything about it at this juncture. However, now the damage is done and I need to make the most of my situation. Has anyone had experience applying for entry clearance in a situation even remotely similar to mine? If so, please help me in resolving the situation by providing advice.

Thanks in advance for any advice.

targethsmp · Post by **targethsmp** » Fri Aug 08, 2008 4:57 pm

Hi Guys,

Today I received the courier from BHC. My application has been rejected on basis that on one particular day in entire 3 months period the amount was GBP 2750 based on the exchange rate on the date of application (85.7). I had a amount 235000 in my account on 28th Apr which is more than GBP 2800 based on exchange rate on 28th Apr (79.74).

This is totally bull-shit. no one can estimate exhange rate thet what it is going be in future.

Other thing is mentioned in my refusal letter that my application has also been considered under general grounf for refusal. I have no idea what does this mean. Do you all received the refusal letter mentioning the similar line when it is refused on maintenance attributes.

I received my passport back with refusal letter. I dont think it would be gud to idea to apply for admin review. because it will take hell amount of time. so i am planning to re-apply but all my original docs are still with BHC. Can someone tell me that is it possible to re-apply with just application forms, new maintenance proof and visa fee with cover letter stating that all the original docs are with BHC.

Please respond me asap.

-Anand

askamat · Post by **askamat** » Sun Aug 10, 2008 2:27 pm

Hi Guys,

I hold an HSMP valid till 13 August 2008.

On May 15, 2008, my EC was rejected on the grounds of "non-maintenance of GBP 2800 on a consistent basis"

After discussion with World Visa consultants @ Bangalore & email from BHC, I applied for the EC again as on 16 June 2008 (My HSMP was retained by BHC).

They have again refused the EC this time on the grounds that "the bank statement submitted was more than 7 days old"

My bank statement was dated till 2 June 2008 and I had applied for EC on 16 June 2008, when the statement was 14 days old.

I wanted to know three things as below -

1. Was the rule "bank statement shouldnâ€™t be more than 7 days old" pre-existing since beginning OR was it brought into change recently by BHC, if so from which date?

2. Is it possible to put it for an "Administrative Review" under such circumstances, and if YES - what are the probabilities of getting the EC, provided a fresh bank statement is submitted during review?

3. My HSMP is expiring as on 13 AUG 2008. Is it necessary to put it for a review BEFORE the expiry of HSMP? If put later, are there any chances of the application being considered for EC?

If anyone has faced a similar issue and got the EC, please guide me what procedures were followed and what are the chances?
Also, is it a rule that one can apply ONLY THRICE for EC and provided all the three times it is rejected, one cannot apply for EC thereafter.

Thanks for all the help.
Regards
Anant Kamat
Swati Kamat
(09884510383 / 09930966283)

bphanirajkumar · Post by **bphanirajkumar** » Tue Aug 12, 2008 2:16 pm

Hi anant&swati,

Very sad to hear your case. You could have taken proper care when you were applying 2nd time for EC.

About your queries,
1.This rule is there since long as per my knowledge. Statements should not be more than 7 days old. I dn't know the dates
2. I would recommend you to apply with alll proper documents instead of going for admin review. I don't think you can send documents at the time of admin review.

3. There are no rules that you can apply only this many times. You better do better ground work before applying for EC. Try contacting VFS/BHC and keep watching the official source for update information.

All the best
Phani.

tonypetty · Post by **tonypetty** » Sat Aug 23, 2008 2:09 am

Hi
i have applied EC ON 16TH July and got refusal letter stating the refusal reason non mentainance fund. i am living in uk from last three years and i have parked my savings in my account in trust of my daughter. it means that any money is readily available to me at any stage before my daughter becomes 16 year old. she is only 6 years old now. BHC has refuesd on this ground that there are no sufficent funds available in my acount. i cant understand that why they cant accept this as maintenace funds. can any body suggest me that should i go for admin review or i should re apply with my personal bank statement which will have required funds in one week time. by the way i applied outside the UK from Islamabad BHC. Is there any current processing time for Admin Review?
Should i do reapply or ask for admin review? if somebody has asked for admin review then before admin review result one can reapply or one have to wait for asdmin review request?
i would appreciate the response from any body

NutanRaj · Post by **NutanRaj** » Thu Aug 28, 2008 3:56 pm

I think reapply is better...Admin will take lot of time...

ajaysharmanyc2006 · Post by **ajaysharmanyc2006** » Sun Sep 07, 2008 3:32 pm

dude,
don't worry about your sabbatical leave. I was in the same situation when i applied for my HSMP and later EC.
One thing you have to care about is that you need to spell your situation clearly out in your covering letter. I had mentioned in my covering letter that I was not working for a while and I have sufficient money to support myself for a year in the UK. I got the visa so I think my unemployment situation didn't matter to the EC officer.
Regarding reassessment of HSMP criteria during EC - Don't worry about it. EC officer will check your HSMP point compliance as of HSMP application date and not as of EC application date. It doesn't matter if you don't qualify on a later date. Even I was out of qualifying points during EC since I had not had job for the past 8 months.
So, don't worry.
Please be explicit in your covering letter.

Best luck,
Ajay

z00ps00p wrote:Hello,

I was one of the last applicants for immigration under the HSMP from Indiaâ€”my application was received in the last week of March. Now, I have been out of employment since the end of Novemberâ€”and since that date was within three months of the end of March, I was able to provide payslips for the previous 12 months, i.e. the first twelve months in the 15-month period prior to my application.

I have chosen to stay on sabbatical since then (out of choice; I haven't been looking for jobs, especially since worthwhile temporary jobs in my field are hard to find here), with the result that I've been out of employment for over eight months now. I received HSMP approval last month (approval letter dated the middle of the month). I have read (for instance at the erstwhile EC HSMP blog, at http://echsmp.blogspot.com/2007/12/proo ... yment.html which doesn't seem to be publicly readable any more):

While applying for EC, you should be able to give enough proofs to convince the case-worker about your employment. It is advisible not to change your employer between your HSMP application and EC application. If you have changed the employer due to some reasons, explain it cleaarly in the covering letter.

Your earnings at the time of EC application also should be inline with the earnings, you have mentioned while applying for HSMP. VFS will do a verification of documents (Integra screening), which you have provided. They may contact your employer in this regard.
Now, not only have I not had a source of income for the past eight months (so my income for the six months prior to applying for entry clearance will not match the income indicated on the HSMP application), I don't have an employer either.

My questions:

Is it advisable for me to apply for entry clearance now? I note from the initial few posts in this thread that the British High Commission or Consulate may try to see if the HSMP criteria still apply, in which case I will not qualify, since the bulk of the points I earned were based on income.

If not, is it advisable for me to find work in India now, in order to bolster my income, and then apply once I have earned a substantial amount?

If it is advisable for me to work here, how long should I work? I have about five months left to apply for entry clearance (nearly a month has passed since the HSMP approval letter was issued) which is clearly a smaller interval than the six months for which I would have to indicate income to apply for entry clearance (and it will take some time for me to find a job especially after a long absence from employment, as well as some time for the application forms for entry clearance to be processed towards the end of the period).

If it is not advisable for me to look for work, what else might I have to do to be able to gain entry clearance successfully?
I've searched the Web to see if anyone else has been in this situation; I only found one post on another board about it, and that individual never received an answer.

These issues have had me worried sick over the past few days as I realize I should've checked and rectified these things at a much earlier stage, and that it may be too late to do anything about it at this juncture. However, now the damage is done and I need to make the most of my situation. Has anyone had experience applying for entry clearance in a situation even remotely similar to mine? If so, please help me in resolving the situation by providing advice.

Thanks in advance for any advice.

asifkazi · Post by **asifkazi** » Mon Sep 08, 2008 7:21 pm

Dear All:

I am from Pakistan, I have been refused EC on grounds of:

1. Maintenance of funds, Claimed = 10, awarded = 0
2. Submitting a "non-genuine bank statement"

Since my each and every document is true and correct as I processed every thing myself (no agent involved)

This allegation has hurt me more than EC refusal.

I have written to my bank "Standard Charterd" for an apology letter on immediate basis to me and BHC. I have clarified SCB that "I reserve the right to take this matter in the court of law and refer it to State Bank of Pakistan"

Since a forged and confiscated document allegation have put under bar that i can not apply for EC to UK for next 10 years, my bank has successfully ruined my career and future.

I have also couriered + faxed and emailed the same letter that I wrote to SCB to BHC Islamabad (Referring my refusal Post Reference #) for record and information of BHC.

To my amaze, I was never supplied with "Review" request form with refusal (as it claims).

I have filed a review request on 5th August 2008 without providing any other document but only a new identical statement with "balance confirmation" letter duly signed and stamped by SCB authority.

Awaiting for the outcome.

I think the decison will be up-held on new grounds as I did not hire an agent (hope all know why)

shall be updating this board as soon as i receive any response.

Remember it is "you" who are skilled and it is "you" who they want.
To my understanding, the whole idea of "HSMP" program is ruined by ECOs, who should be more concerned to ones skill-set and experience rather than maintainng GBP2800 for 3 months.

UK Governemnet must take notice of UK border and immigration agency since they are NOT serving the purpose for what this HSMP porgram is intended for.

There are far too many question marks to be addressed on HSMP.

Kind regards to all.

Asif Kazi
IT Manager / System Administrator
Holding 10years service excellence award.
Computing since last 20 years.

vp_lakshman · Post by **vp_lakshman** » Tue Sep 09, 2008 4:20 pm

Hi All,

I got an HSMP approvak in March now I am planning to apply for EC.

Do I need to show the proof of maintenance of funds 2800 pounds for 3 months ?

This condition is not there when I got an approval.

Please help me as I have no time to apply my HSMP will expire on 24th Sep.

asifkazi · Post by **asifkazi** » Tue Sep 09, 2008 7:26 pm

vp_lakshman wrote:Hi All,

I got an HSMP approvak in March now I am planning to apply for EC.

Do I need to show the proof of maintenance of funds 2800 pounds for 3 months ?

This condition is not there when I got an approval.

Please help me as I have no time to apply my HSMP will expire on 24th Sep.

Dear VPL:

Mine was the same case (HSMP approval expiring 2nd Oct. 2008)
But you will be forced to apply for EC under VAF9(A) and VAF9(B) point based T1 General instead of VAF2 application form.

Its irony that you are left with no time to prove maintenance of 2.8KGBP in liquid form (bank account) for consecutive 3 months minimum.

If you own a home / flat, get its current value verified from a well-known state-agency with good market standing.

Also show sale of your car (Notorized copy of car documents and sale deed) This will help you in this short time savings.

Add funds to your bank account while showing the proof that you either withdrew these funds from some business or sold some valuables.

Best wishes + kind regards

Asif Kazi

vp_lakshman · Post by **vp_lakshman** » Wed Sep 10, 2008 5:34 am

Hi asifkazi

I have balance in bank, but during 3 month speriod I have debited some amount for one week and credited back again.

If I mentioned these details in covering letter, will they consider ?

Also If I show my fixed assest like plot/Flat with CA letter as proof of evidence, will they consider.

In application form they are aksing only bank account details.

Please help me...

pyke · Post by **pyke** » Wed Sep 10, 2008 4:28 pm

asifkazi wrote: 2. Submitting a "non-genuine bank statement"

I'm sorry to hear that. I have a lot of trouble with the maintenance requirements too. http://www.immigrationboards.com/viewto ... highlight=

On what basis did they conclude that your bank statement wasn't genuine? Didn't you get it directly from the bank?

asifkazi · Post by **asifkazi** » Wed Sep 10, 2008 8:08 pm

vp_lakshman wrote:Hi asifkazi

I have balance in bank, but during 3 month speriod I have debited some amount for one week and credited back again.

If I mentioned these details in covering letter, will they consider ?

Also If I show my fixed assest like plot/Flat with CA letter as proof of evidence, will they consider.

In application form they are aksing only bank account details.

Please help me...

I hope ECO will consider it. The reason being, when I submitted my EC, I was given a new "Document Check List" that contained "if a verifyable evidence of property etc attached" ... so it was new to me.
You should also provide information+evidence for which reason you drawn funds from bank and re-deposited.

But remember and expect a "I am not satisfied" type of wague response so that you can retain your smiles and livelyhood

My wishes and prayers for all affectees of incompetent ECOs

ak

asifkazi · Post by **asifkazi** » Wed Sep 10, 2008 8:23 pm

pyke wrote:
asifkazi wrote: 2. Submitting a "non-genuine bank statement"

I'm sorry to hear that. I have a lot of trouble with the maintenance requirements too. http://www.immigrationboards.com/viewto ... highlight=

On what basis did they conclude that your bank statement wasn't genuine? Didn't you get it directly from the bank?

Yes, I obtained it directly from the bank with each page duly stamped. It was the bank clerk's error during verification process!! what a curse that guy may be for many and bank itself.

I have demanded an "Apology" letter from Standard Chartered for successfully knocking my career off. I have also demanded that SCB should directly write to BHC and clear me out from "forged document submission" alegation. If it remains there on their (BIA) database, I can not travel to UK for next 10years!

SCB has obliged my demand and have writtend directly to BHC. Am awaiting for the outcome.

SCB is reluctant to apologize me in written because of possible consequences that I may demand a compensation to my satisfaction! which is quite likely in case BHC upholds its decision.

Justice, Truth and Honesty must stand tall.

Thanks pyke for your concern.

ajaysharmanyc2006 · Post by **ajaysharmanyc2006** » Wed Sep 10, 2008 11:37 pm

Don't you think that rejection letter from BHC is sufficient to prove the irresponsible act of the bank in the court? I think you should consult a good lawyer in case you hear negative response from BHC.
wish you all the best.

ajay

asifkazi wrote:
pyke wrote:
asifkazi wrote: 2. Submitting a "non-genuine bank statement"

I'm sorry to hear that. I have a lot of trouble with the maintenance requirements too. http://www.immigrationboards.com/viewto ... highlight=

On what basis did they conclude that your bank statement wasn't genuine? Didn't you get it directly from the bank?
Yes, I obtained it directly from the bank with each page duly stamped. It was the bank clerk's error during verification process!! what a curse that guy may be for many and bank itself.

I have demanded an "Apology" letter from Standard Chartered for successfully knocking my career off. I have also demanded that SCB should directly write to BHC and clear me out from "forged document submission" alegation. If it remains there on their (BIA) database, I can not travel to UK for next 10years!

SCB has obliged my demand and have writtend directly to BHC. Am awaiting for the outcome.

SCB is reluctant to apologize me in written because of possible consequences that I may demand a compensation to my satisfaction! which is quite likely in case BHC upholds its decision.

Justice, Truth and Honesty must stand tall.

Thanks pyke for your concern.

hoping_for_HSMP · Post by **hoping_for_HSMP** » Thu Sep 11, 2008 6:16 am

asifkazi wrote:
pyke wrote:
asifkazi wrote: 2. Submitting a "non-genuine bank statement"

I'm sorry to hear that. I have a lot of trouble with the maintenance requirements too. http://www.immigrationboards.com/viewto ... highlight=

On what basis did they conclude that your bank statement wasn't genuine? Didn't you get it directly from the bank?
Yes, I obtained it directly from the bank with each page duly stamped. It was the bank clerk's error during verification process!! what a curse that guy may be for many and bank itself.

I have demanded an "Apology" letter from Standard Chartered for successfully knocking my career off. I have also demanded that SCB should directly write to BHC and clear me out from "forged document submission" alegation. If it remains there on their (BIA) database, I can not travel to UK for next 10years!

SCB has obliged my demand and have writtend directly to BHC. Am awaiting for the outcome.

SCB is reluctant to apologize me in written because of possible consequences that I may demand a compensation to my satisfaction! which is quite likely in case BHC upholds its decision.

Justice, Truth and Honesty must stand tall.

Thanks pyke for your concern.

asif

really sorry to hear about this... you should follow this up with some lawyer and see what they can do for you... if you can prove, and i am sure you can, that it was SCB's fault then you may be able to get something...

the following is more important... if you can prove to the BHC that you were unaware that the documents were non-genuine, then the 10 year ban would not apply...

==========================

http://www.ukvisas.gov.uk/en/ecg/chapte ... %20sixteen

26.17.7 Refusals under 320(7B) where false documents or false representations were used in a previous application
If an applicant has previously been refused entry clearance because a false document was used or a false representation was made, the applicant may claim that they were unaware that the document or representation was false.

Unless the applicant can prove this, they must be automatically refused under paragraph 320(7B) for 10 years from the date deception was used. Where the documents relate directly to the applicant (e.g employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (eg written confirmation from a financial institution that they had previously supplied us with incorrect information).

In addition you must not refuse an applicant under 320(7B) if:

false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false (paragraph 26.17.5 below);

=========================

asif, if you can prove this with the help of SCB... then you should be ok... this was not a letter that you generated... but was generated by the bank... so you are not at fault... brother... DO NOT GIVE UP!!!

please keep me updated. best of luck.

kimrennin · Post by **kimrennin** » Mon Sep 22, 2008 5:53 am

The General Highly Skilled Migrant's points for previous earnings are calculated by converting non-sterling currency to Sterling, then the sterling figure is converted to points, taking into account the relative difference in the level of earnings between countries and the exchange rate. Earnings are dependent on the country they are earned.

===============
kimrennin
consumer generated media

kandasamy · Post by **kandasamy** » Mon Sep 29, 2008 8:20 am

Hi All,

Good morning.

This is kandasamy Damodaran from Bangalore, India
.
When I am filling up the main application form VAF9 I am having following doubt.

6.3 Have you been granted a visa for the UK in the last 10 years?

Yes I am having UK work permit visa, under this section for the reference number to be filled where I should find this number in the UK work permit visa or what exactly this number means

Please help me getting this point clarified

Regards
Kandasamy

kandasamy · Post by **kandasamy** » Mon Sep 29, 2008 8:20 am

H All,

Good morning.

This is kandasamy Damodaran from Bangalore, India
.
When I am filling up the main application form VAF9 I am having following doubt.

6.3 Have you been granted a visa for the UK in the last 10 years?

Yes I am having UK work permit visa, under this section for the reference number to be filled where I should find this number in the UK work permit visa or what exactly this number means

Please help me getting this point clarified

Regards
Kandasamy

Snoozles · Post by **Snoozles** » Tue Sep 30, 2008 2:04 am

kandasamy wrote:H All,

Good morning.

This is kandasamy Damodaran from Bangalore, India
.
When I am filling up the main application form VAF9 I am having following doubt.

6.3 Have you been granted a visa for the UK in the last 10 years?

Yes I am having UK work permit visa, under this section for the reference number to be filled where I should find this number in the UK work permit visa or what exactly this number means

Please help me getting this point clarified

Regards
Kandasamy

This does not have anything to do with the original post and you posted this message several times.

sumeets · Post by **sumeets** » Fri Oct 03, 2008 10:04 am

Hi,
I have just received an EC rejection..I applied on the 08/09/08 however the application has been rejected stating that the bank statements i provided were till the 10th Aug 08, but orginally the statements i provided were till the 06 Sept 08 which might have been overlooked. The statements till the 10/08/08 were originaland statements after the 10/08/08 were printed from the bank on the running paper and stamped accordingly.
If i go in for an administrative review how likely are the chances of decision getting changed and is there a possibility that the caseworker has overlooked the statemnets for one whole month. Kindly Advice!!

Post by **push** » Sat Oct 04, 2008 9:09 pm

I think you have fair chances of approval on admin review provided you have provided the bank statements as indicated.

regards,

push_HSMP

RPS2008 · Post by **RPS2008** » Sat Oct 11, 2008 2:59 pm

Can somebody clarify me whether I need to submit maintenace proof of GBP2800 at the initial application .Can it be done after Initial application. I am confused with Entry clearance. Has it to be taken once hsmp approval letter is received. Please help me on this

ara12139 · Post by **ara12139** » Sun Oct 12, 2008 7:01 am

Help me please!
I have received email that a decision has made on my application in 19.Spe.2008 and my documents has sent by Airl mail, even i have asked to be arranged by courier in advance by sending a fax !
i called HO after receiving the email and a guy said it is approved
it is over 23 day i am waiting for approval letter and documents.

is it possible i apply for EC and give them my HSMP ref. no. and a copy of email mentioning they made a decision?
i think it is easy for UM Embassy to confrim the approval letter if they have HSMP ref. No.
i need the HSMP visa as soon as possible becasue i have received some good offers with very high salary but the time is limited to get it.

jagankumar · Post by **jagankumar** » Wed Oct 15, 2008 6:10 pm

Hi Senior members,
Kindly help me, My EC got rejected on 14th Oct 2008. It has been refused with reason for Fund maintenance.
Applied for initial HSMP approval on 26th Feb 2008 from UK
HSMP got approved on 3rd May 2008.
Applied for EC-Tier1 Transitional arrangements frm Chennai on 20th Aug 2008.
EC Refused on 14th Oct 2008.

Reason they have mentioned are

1)HDFC Bank - Statment in your name (A/c xxxxxx). The bank statements provided are upto 10/08/2008. This is not in line with published guidance as funds immediately prior to application have not been shown.

2)Lloyds TSB - bank statement(Internet copies A/c xxxxx). Minimum balance held between 20/08/2008 - 20/05/2008 was Â£4010 on 17/06/2008. However there is no letter from the Lloyds Tsb bank confirming the details shown on internet printouts so not in line with published guidance.

So no point have been awarded in this area. 245C(e)

Guys fact is when I was in UK i have applied for initial HSMP approval and came back to India mid of april 2008.
Since I have enough funds on my UK bank, I have shown UK Bank statements for fund maintenance. Am getting salary in India frm May 2008. to make show this as proof I have submitted HDFC bank stmts where my salary has been credited. Seems like they were expecting this HDFC bank stmt too not 7 days older. Is that true, do we need to submit the bank stmts for previous earning also shudnt be 7 days older.

Regarding point number (2), I have submitted printout bank statements on bank stationary with llyods TSB letterheaded paper and signed and sealed by the bank branch manager. WHile submitting the application, VFS Officer asked me to sumbit additional Internet printout sheet with till dated to add more value to the application. I did same but now they have ignored the statements(got it frm bank) and considered the internet printout( this statement is only for 1 week's) as major and refused.

Can Anyone suggest me whether Can I go for administrative review?
what are the chances to get it. Also let me know the processing time for admin review?
Or else do I need to apply for new application?

Please help me on this.

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