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Refused Tier 1 visa

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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zeezee28
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Refused Tier 1 visa

Post by zeezee28 » Wed Nov 24, 2010 4:16 am

Hello,

I was refused tier 1 visa because of the following reasons:

Missing marrige certficate for my wife, which i dont think is a requirement, as she was a dependant on my visa already and she produced these documents to get the visa in the first place, i dont understand why they refused it?

missing bank statements for a couple of months-i had only four month missing.

maitance fund- which they calculated wrong as they counted the date a week later than the orignal date, which they were not meant to do.

I had an option to appeal which was granted and i should be going to my appeal soon.

As i have all the documents available due to the reason for refusal, i ask all the experts to feed me with info what i might need to know on the day in court, what could be asked ?

Is my case strong enough for the judge to allow his decison?

Thanks

mulderpf
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Post by mulderpf » Wed Nov 24, 2010 5:15 am

Please post more details around the timelines for the maintenance funds statements and the date you applied?

Based on the rest of the information you have a very weak case though. If you don't submit documents (like 4 months bank statements), you don't get the points. Especially with past earnings where you need 2 sources of information. It's made very clear that if you don't provide the info, they will not award the points.

Seriously don't get your hopes up with the appeal though.

tyre
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Re: Refused Tier 1 visa

Post by tyre » Wed Nov 24, 2010 7:15 am

it seems pretty clear show them certificate and explain maintenace funds.... but that last one missing statement ?? get that..........


once you have these , you dont need anything else.........and shoud go through....

best luck
in search of immigration updates

zeezee28
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Post by zeezee28 » Wed Nov 24, 2010 8:38 am

thank you for the replies,

@mulderpf - well i am providing the statements now? are you saying i will still get refused? wheres the sense in that?


@tyre- i have all the docuemnts they need which i sent to the immigration tribubal...my hearing is not long to go, i am just worried what i might be asked?

What could i possibly say if they ask why wasnt the statement sent in the first place?

mulderpf
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Post by mulderpf » Wed Nov 24, 2010 9:20 am

You generally can't submit new documentation for an appeal (there are exceptions however).

An appeal is basically there to double check that the decision that officer was made correct and in accordance with the rules. Appeals are generally successful for people where they provided the documentation, but the officer overlooked something.

In your case they will simply say, the officer made the right decision based on the documentation he had in front of him.

Submitting new documentation is like making material changes to your application form. You cannot change the facts you have given them, you are appealing to them that they made an incorrect decision based on the facts (and documentation) you provided them with.
You can only ask for one administrative review for each application that we refuse. You should not send any additional documents with your request for a review.

zeezee28
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Post by zeezee28 » Wed Nov 24, 2010 10:17 am

what do you suggest the best option is for me now?

If my appeal is denied,what shall i do than?

vinny
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Post by vinny » Wed Nov 24, 2010 11:09 am

Appeals may be different to AR.

Until s.85A of the 2002 Act is brought into force (subsection 85(4)(a) of which stipulates that in respect of appeals in Points Based System cases the Tribunal may consider evidence adduced by the appellant only if it was submitted at the time of applying), it remains possible for appellants to provide new evidence subject to 85(4).
Last edited by vinny on Thu Mar 10, 2011 10:33 pm, edited 3 times in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mulderpf
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Post by mulderpf » Wed Nov 24, 2010 12:22 pm

What I understand from section 85(4) is that it allows you to produce documentation which proves your case, but which was not available at the time of application (the documentation is dated after the application, but the date it pertains to has to do with your application). Hence my statement that you generally can't submit new documentation. As the statements would have been available at the time of application, this definitely does not fall into this category.

zeezee28
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Post by zeezee28 » Wed Nov 24, 2010 7:15 pm

whats the diffrence between AR and an appeal??

I am appealing, can i provide documents i didnt show before?

vinny
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Post by vinny » Wed Nov 24, 2010 7:41 pm

zeezee28 wrote:whats the diffrence between AR and an appeal??
Click on AR link.
zeezee28 wrote:I am appealing, can i provide documents i didnt show before?
Yes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zeezee28
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Posts: 15
Joined: Mon Sep 27, 2010 12:15 am

Post by zeezee28 » Thu Nov 25, 2010 3:49 am

@vinny:I have read the link you sent, which is very helpful,I wanted to ask you based on the documents I have,

what do you think of my case success chances are,once I provide the documents in question?

DO you know what is asked in a tribunal court?


@mulderpf:so are you saying that it is ok to provide the documents in question?

I ask you the same question, do you know what could be asked in realtions to my case?

Thanks

zeezee28
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Joined: Mon Sep 27, 2010 12:15 am

Post by zeezee28 » Tue Dec 14, 2010 1:11 pm

Just wanted to say tht I had my tribunal appeal today and the judge kindly allowed my decision..


Just for everyone to know that you CAN provide fresh eveidence because THEY DO ask for it..if you have it they allow the decison...

Does anyone know what the next stage is??

Regards!

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