Urgent Help required on PBS Tier1 Refusal (India - Mumbai)

[gv1kram]

Hi All,

To summarise: even though I had provided all the proofs, visa refused stating insufficient (not genuine)docs!!!!!

Application was refused by the Mumbai Dy High Commision by the below reasons: Stating the original lines from HC

"I am satisified that these documents are false because checks carried out with MPHASIS (my employer), and shown in a Document verification report, confirm they are not genuine. As false documents have been subimtted in relation to your application, it is refused under paragraph 320(7a) of the Immigration rule any future applications may also be refused under paragraph 320 (7B) of the Immiugration Rules, (subject to the requirements set out in paragraph 320 (7C)).

You have submitted a bank statement from IDBI bank this does not contain the logo of the bank and therefore cannot be considered. You have not provided the specified documents to support your claim of 10 points under Appendix C of the immigration rules. You have not, therefore scored 10 points under Appendix C and I refuse your application under paragraph 245ZD(F) of the Immigration rule"

--> But i have submitted the payslips for 12 months duly singed by my HR with office seal on it, I dont understand what kind of checks they hv done with my employer. I hv submiited all the details like HR contact details and addresses i hv been working for mphasis for more than 3 years, I do have all the proofs like form16, hike letter etc..

--> But incase of maintanance i hv submitted the idbi account statement which is duly singed and stamped on all pages of the statement. (But there is no logo on it, Bank people refused to give such statement on a letterhead they are saying that is the standard format)

Could some body guide me how to apply for a review?

The thing is it was rejected under 320(7a), even though i have submitted all the proofs and correct contact details(I cant reapply for 10 years), I would appreciate if somebody give me any guidance or any contacts of the agancies deals with immigration in india (PUNE or MUMBAI)

Any pointers to previous posts or similar cases are much appreciated

Thanks
Vikram

[geriatrix]

The first thing you should do is check with your employer as to who responded to the call/visit from the BHC/BHC representatives regarding your application, what questions were asked and the answers given, and most importantly, get your employer to give you in writing that all necessary information that was asked for by BHC / BHC representatives was indeed provided. It will be good if they can name the individual who dealt with the verification from their (employer's) end.

Regarding maintenance funds, one needs to meet the specified requirements as given in the policy guidance. No other way out!


regards

[gv1kram]

Hi.. Thanks for the reply.

I will check with my HR team but am not sure, upto how much extend our HR team wil be helpful in this. Also the concerned HR person is not sure who had responded to the BHC representative not sure who will be the responsible forour eployer person responding the BHC rep.

I have checked with my HR team today but . This time while applying for the review I am submitting all the below doscs.
1. Pay Slips (attested by HR)
2. Form 16
3. Salary certificate from Employer

For the maintaining funds i have submitted the bank statement but there is no log on the statement.

Please Suggest..

[geriatrix]

I will check with my HR team but am not sure, upto how much extend our HR team wil be helpful in this. Also the concerned HR person is not sure who had responded to the BHC representative not sure who will be the responsible forour eployer person responding the BHC rep.

If you cannot find this out, then you cannot prove that BHC's verification report is inaccurate. And if you can't prove that, there is no way you can think of getting the ban overturned.

BHC is within their right to verify the documentary evidence one submits in his/her application.


regards

[gv1kram]

For the funds maintenance i have submitted the bank statement but there is no logo on the statement. which is a most general case, as most of the banks wont give the bank statement on paper with Bank logo. However the Account statement report was stamped&attested on every page of the statement.

Plesae suggest...

[geriatrix]

there is no logo on the statement. which is a most general case, as most of the banks wont give the bank statement on paper with Bank logo.

That's a big assumption, and definitely not the case! Otherwise, no applicant from India would have his/her Tier 1 application approved. The problem is with your bank, no matter what you may say!



regards

[layman]

but shouldn't the caseworker do a verification for the authenticity of the provided bank statement(stamped & signed) before rejecting it?

I am concerned because I have provided similar statements and am planning to send additional documents(statement on letter head), hopefully before a decision is made on my application.

[geriatrix]

but shouldn't the caseworker do a verification for the authenticity of the provided bank statement(stamped & signed) before rejecting it?

Why? It is not the authenticity that is being questioned here, but the fact that the bank statements do not even meet the requirements as specified in the policy guidance (e.g.- logo). Checking the authenticity of the statement comes second .. first fulfil the stated requirements.


regards

[maheshrvce]

You got the point wrong here. The guideline says it can be the original statement with logo or a letter from bank and there is no concession to this which means without logo but with stamp and signature cant be accepted. Stamp and signature is only for salary slips. You have to go by each word in the guidance.
However the statement part can be sorted out. What you have to now worry about is who did the verification whther it was some agency or BHC itself. Mostly they do it over phone so go to each of the possible person in ur HR team who they could contact and check with them.If you had given somebodys contact in the appln then they would have called them otherwise they would most probably talk to the HR manager itself. You need to check and act fast.

[gv1kram]

Hello All..

Thanks for your quick response..
I have checked with my HR team but she is not sure who has provided the incorrect information to BHC rep. However, she is ready to give me a letter on company letter head, stating that the Payslip details I have mentioned are correct.

Please let me know if this letter can pull me out of this problem (320(7a)).

Thanks,
Vikram

[geriatrix]

In other words, no one is ready to take the blame for putting you in serious trouble. And HR isn't interested in finding out who goofed up.

The letter confirming your employment and authenticity of documentary evidence submitted to BHC in support of your Tier 1 application should help but a 10yr. ban is a serious issue, definitely not something that you can take lightly. Suggest that you seek legal advice on the matter from a lawyer specializing in immigration matters.


regards

[layman]

It is not the authenticity that is being questioned here, but the fact that the bank statements do not even meet the requirements as specified in the policy guidance (e.g.- logo). Checking the authenticity of the statement comes second .. first fulfil the stated requirements.
regards

Well, then the requirements and the way they are interpreted should be consistent. I had submitted because of a known case where such a 'stamped & signed' statement(from the same bank) was accepted and a visa was granted. But I understand that this cannot be quoted as a precedence and the risk of rejection lies entirely with me

[geriatrix]

then the requirements and the way they are interpreted should be consistent.

Interpretation depends on the applicant's ability to comprehend what is stated in the policy. You can neither blame UKBA for it nor can you expect consistency (in interpretation). As for consistency in requirements, UKBA has published only one Tier 1(General) policy guidance for all applicants across the world.


regards

[rizwan567]

Hello All..

Thanks for your quick response..
I have checked with my HR team but she is not sure who has provided the incorrect information to BHC rep. However, she is ready to give me a letter on company letter head, stating that the Payslip details I have mentioned are correct.

Please let me know if this letter can pull me out of this problem (320(7a)).

Thanks,
Vikram

If law permits you to file adminstrative review along with addtional documents that is fine. If not then you just have to rely on written statements (grounds of review). And with that you wont stand much of chance. And if the review gets refuse the graph of your cradibility will go little further down.

In my view the only realstic chance of getting the decision overturned is a new application. Along with all the necessary documents, take an addtional statement from head of HR confirming that mistakes very done in verifying your earlier case or confirming that you are still employed and your employment is genuine. Also submit as many documents as possible with your application for last 1-3 years confirming your employment (letters like increment letters, promotion letters, bonus letters, conference letters etc in short anything you receive during your employment). The reason for doing this is to prove that you are working for your company and your salary is as claimed.

Clearly mention in covering letter of your application that you do not agree with earlier decision of UKBA and employer may be did not efficiently delth the inquiry from UKBA. Therefore you are reapplying and UKBA/embassy will more carefully deal with your this specific issue when assessing your next application. The fresh application will also show your committment in the eyes of ECO in getting your record straight. Because normally a person who submitts false documents do not dare to reapply again... hope you get the point.

I think to get the ban overturned visa applicatin fee should not bother you..As this is the matter of your credability. So reapply at earliest

[geriatrix]

rizwan567, a ban from entering UK means that any application for EC will be refused outright!

[rizwan567]

The suggestion I gave is on the basis of a case which I have personally seen.. that applicant was also accused of deception but that application was made within the UK. Case was reapplied and subsequently approved.

Apart from (risk of) loosing application fee I think there is no harm in re-applying but the reward could be great... and applicant has no other option... If I were applicant, I would definately reapply

[aliq09]

The suggestion I gave is on the basis of a case which I have personally seen.. that applicant was also accused of deception but that application was made within the UK. Case was reapplied and subsequently approved.

Apart from (risk of) loosing application fee I think there is no harm in re-applying but the reward could be great... and applicant has no other option... If I were applicant, I would definately reapply

Hi ,

I haven't seen case like this before ..once there is ban , ECO will not even check the application .

[layman]

Interpretation depends on the applicant's ability to comprehend what is stated in the policy. You can neither blame UKBA for it nor can you expect consistency (in interpretation). As for consistency in requirements, UKBA has published only one Tier 1(General) policy guidance for all applicants across the world.
regards

I am not blaming UKBA for applicants (in)ability to interpret. Read carefully, I have mentioned that I personally know(not hearsay) of a case where the stamped and signed bank statements on dot matrix printer were accepted as valid earnings evidence and the Tier 1 visa was granted. So what I am expecting is consistency in interpretation of guidance policy by the caseworkers, not the applicants.

[nsv]

Hi Vikram,
I had my wife's dependent visa rejected for reason of missing bank (HSBC) logo in statements. I went to the bank and got new statements with logo. I submitted them along with the appeal application. The process took a month but the application was approved.
I am not sure about the ban procedure and its implications... but thought it might be useful.

Regards,

[vagabond4life]

Hi Vikram,
I had my wife's dependent visa rejected for reason of missing bank (HSBC) logo in statements. I went to the bank and got new statements with logo. I submitted them along with the appeal application. The process took a month but the application was approved.
I am not sure about the ban procedure and its implications... but thought it might be useful.

Regards,

Hi NSV

When was your wifes visa rejected and when did you resubmit? Did you actually Appeal or went for Administrative review.

I am in the same boat. My wifes visa got rejected in May last week because ECO could not verify my latest 30 days bank balance. But the fact was that all statements were submitted but were overlooked (maybe by mistake) by the caseworker.

Can you please let me know what exactly you did for resubmission and if you paid again ?

Thanks

[gv1kram]

Hi,

In my case, my application was rejected under 320 (7A) (expecting that I had submitted false documents). So, to come out of it.. I am applying for Administrative Review not appeal. I have requested the bank for a new statement with logo, but am not sure hot to submit that. As per policy, I can not submit any new documents for funds maintenance else my Admin Review may get rejected

Now I am getting a letter from my HR about my income details and submitting all the documents (form 16, pay slips, HR letter, increment letter, YTD statement, salary account bank statement with logo).

Regards,
Vikram

[aliq09]

Hi Vikram,
I had my wife's dependent visa rejected for reason of missing bank (HSBC) logo in statements. I went to the bank and got new statements with logo. I submitted them along with the appeal application. The process took a month but the application was approved.
I am not sure about the ban procedure and its implications... but thought it might be useful.

Regards,

Hi NSV

When was your wifes visa rejected and when did you resubmit? Did you actually Appeal or went for Administrative review.

I am in the same boat. My wifes visa got rejected in May last week because ECO could not verify my latest 30 days bank balance. But the fact was that all statements were submitted but were overlooked (maybe by mistake) by the caseworker.

Can you please let me know what exactly you did for resubmission and if you paid again ?

Thanks

Hi , Your case is not the same as NSV ... the word overlooked is a big one for ECO so can you write here what exactly you have written in your cover letter .

There are 2 things , first is your statement and second is your cover letter and yes! the third one is a bank letter .. my friend one logical question .. ECO over looked all these things ...............???????

[nsv]

Hi NSV

When was your wifes visa rejected and when did you resubmit? Did you actually Appeal or went for Administrative review.

I am in the same boat. My wifes visa got rejected in May last week because ECO could not verify my latest 30 days bank balance. But the fact was that all statements were submitted but were overlooked (maybe by mistake) by the caseworker.

Can you please let me know what exactly you did for resubmission and if you paid again ?

Thanks

Her visa was rejected in Jan, rejected in Feb, appealed in Feb. It took 3-4 weeks for appeal result. Dependents only have appeal, primary applicant have Admin review which does not allow to submit any more support documents. I did not pay again as her application had right to appeal with provision for more support documents. So we went to bank, made sure that logo was present in each page of the statement and submitted it along with appeal application.

Appeal is painful and very stressful process, but had no other way out!

[vagabond4life]

Hi Vikram,
I had my wife's dependent visa rejected for reason of missing bank (HSBC) logo in statements. I went to the bank and got new statements with logo. I submitted them along with the appeal application. The process took a month but the application was approved.
I am not sure about the ban procedure and its implications... but thought it might be useful.

Regards,

Hi NSV

When was your wifes visa rejected and when did you resubmit? Did you actually Appeal or went for Administrative review.

I am in the same boat. My wifes visa got rejected in May last week because ECO could not verify my latest 30 days bank balance. But the fact was that all statements were submitted but were overlooked (maybe by mistake) by the caseworker.

Can you please let me know what exactly you did for resubmission and if you paid again ?

Thanks

Hi , Your case is not the same as NSV ... the word overlooked is a big one for ECO so can you write here what exactly you have written in your cover letter .

There are 2 things , first is your statement and second is your cover letter and yes! the third one is a bank letter .. my friend one logical question .. ECO over looked all these things ...............???????

My dear friend

I had the covering letter and the bank statement. I had submitted original statement (upto 19th april) which were within 30 days from date of application (18 May). I had provided additional print outs from the bank (signed stamped etc) from 19th April onwards till 13th may (the day I took statements from bank)

I said overlooked because the ECO had raised another point saying marriage photo not attached to prove relationship!!!!!!!! I had indeed submitted the marriage photo on a stamp paper, notarized by the Notary (for passport purpose). The passport was issued and had my name as spouse. Original marriage certificate and a joint bank account letter from bank was also submitted.

I therefore said OVERLOOKED as all these docs were not considered to prove our relationship. It may have been a mistake or just that the ECO had a bad day at work.

Many Thanks

[puneetdwd]

This is really risky ! so it can be summed up that EC has the full right to reject a case irrespective of how genuine is ur document.
Even, I am planning to apply for my wife visa next month....This really scares me.
thanks for ur post.