Tier 1 Rejected - Chennai BHC - October Applicant

Hi All,

I had applied for Tier 1 - General Migrant Visa on 3rd October.

My visa application have been refused on 14/11/2008 due to lack of maintenance of funds on a particular day (21/7/2008- this day only).


Administrative Review:

My Application for entry clearance as a Tier1 (General) Migrant has been rejected onParagraph 245C of the Immigration Rules.

My claim period was from 03/07/2008 to 03/10/2008.

"REFUSAL OF ENTRY CLEARANCE" letter states that "Minimum balance maintained during the 3-month period is Rs.2,31,249 as on 21/07/2008
(UK equivalent is 2719.49 GBP)" .Apart from this particular day, My balance was didn't go below the required amount.

1. My question here is, if I go for Administrative Review, Can I submit new bank statement from 14/08/2008 to 14/11/2008? During this period, my fund maintenance is as per the guidance.


Fresh Application:

During this rejection, I have received my passport only. Other documents pertaining to Qualification, Previous Earnings, English Language
Requirements, etc are retained by BHC. And point claimed for these sections has been awarded by BHC.

2. Can I make fresh application immediately without appealing Administrative Review?


3. If I make a fresh application, I could only submit Bank Statement for Fund Maintenance. Does the other documents retained by BHC will be taken into consideration?

4. How the fund maintenance is assessed? Currency Conversion Rate at the date of making application is taken into accoount or balance must be
equal to the each day conversion rate?

For Example,
If 1 GBP is 85.3 INR on 03/08/2008, my balance must be Rs.2,38,840?
If 1 GBP is 87.3 INR on 04/08/2008, my balance must be Rs.2,44,440?
OR
If 1 GBP is 83.4 INR on the date of making the application, Rs.2,33,520 is sufficient balance for each day during the 3 month?


I kindly request you to suggest me for the above 4 questions. I got very confused over these questions.

Please advice me

Hi
For the questions related to administration review , i would recommend the senior members or the members who have won the case through Admin Review, to answer .

For the question 4 :
How the fund maintenance is assessed? Currency Conversion Rate at the date of making application is taken into accoount or balance must be
equal to the each day conversion rate?
Contact the respective BHC for maintenance fund rate. I would recommend you to take the BHC conversion rate found at the VFS website as your currency conversion rate. In that way ur balance will always be above 2800 GBP. Current Rate is Rs. 85 .

Thanks

Maintenace Funds rule is - the balance should never fall below GBP 2800 in last 90 days.

You failed to meet this rule. Hence, they rightly rejected your application. You shouldn't have applied in above scenario.

AR - you can not produce any additional document for AR.

You can try but theoretically there is no chance to win in AR.

Duplicate post. Deleted.

Mine is the similar case. I had furnished the statements till 8th of the month and filed for application on 22nd of the month, so there was a gap of just 14 days. For this my application was rejected on grounds that I havent maintained the maintenance funds for the required period.

There was no-where mentioned on their website that the application should be submitted within these many days of the date of bank statements. but only that it shoud be for 12 months within the recent 15 months. Please correct my understanding.

Based on this I had applied for the admin review and it got rejected too.

Please help me in understanding the rules.

Thanks,
JJ.

rajesh9pl there is a confusion...you see in my other post i have asked the same question is the maint of fund is for 3 calendar months (91 or 92 or 93 days as appropriate) or 90 calendar days. I got a response from push_hsmp saying maint fund is for 3 months. here i can see you have replied it should be for 90 calendar days. Any clear view on this?has anyone shown only 90 days maint fund and got approval?

It is greater than or equal to 3 months. And the amount should be in bank until your application is processed. This is not mandatory, however it is for your safety and when BHC enquires about your account and for minimum balance. So, it is suggested to put a bank statement for 3 months ( not older than 7 days) and maintain those funds until you receive your passport stamped/EC granted.

so it means should be grater than 90 days and not exactly 90days?

If I am submitting then I will collect bank statement for last 90 days, just the day before I have planned to submit application.

Rule is - Last three months (90 days), latest statement should not be older than 7 days.

Please close this thread and do not ask same question again and again.

Its 3 months. See this