Tier 1 Dependant visa rejected - kid born in UK, applied Ind

My infant daughter's Tier 1 Dependant visa was refused by the Bombay BHC under paragraph 319H of the UK immigration rules.
Reason -
The ECO found the bank statement was more than 1 month old from the date of application. However, they have sent IAFT-2 with full rights of appeal - GV51 (FRA).
Circumstances -
My daughter was born in UK but was travelling to India so we thought of applying from India as my experience so far was that it takes less time to get a visa from India.
My mistake -
The problem was that we didn't submit all the last 3 months bank statement and the one that was submitted was a month's bank statement and more then a month old from date of application.
Action taken -
We have now filed appeal application with Bombay BHC with all the original bank statements preceeding the date of original visa application.
Timelines are like this-
Date of application - 7 Jan 2011
Visa refusal letter - 2nd Feb 2011
Appeal submitted - 7th Feb 2011 Ack letter from Bombay BHC - 9th Feb 2011 I am wondering how long will it take for the appeal decision.
Hope -
We are banking on the fact that (as per ECG and appeal guidelines on UK BA site) the ECM in Bombay BHC can overturn the decision - timeline 28 days from date of ack- locally).
Advice?
Is that a right assumption, does any body have a similar experience, would be great if you can share. Since the fee costs are too high i don't want to reapply again, is it advisable to go for a visitor visa application? This time the experience with VFS and BHC has been nothing less than horrendous - the VFS staff was completely callous in attitude and don't do a complete document check. After that, the BHC itself took around 4 weeks for processing the application. Any help or advice would be greatly appreciated.
Thanks VJ

UKorUS wrote:I am wondering how long will it take for the appeal decision.

May take 6-8 months.

UKorUS wrote:We are banking on the fact that (as per ECG and appeal guidelines on UK BA site) the ECM in Bombay BHC can overturn the decision - timeline 28 days from date of ack- locally).

If the review of earlier decision suggests that the decision can be overturned at the local (BHC) level, it may still take 2 months (or more), so don't "bank" on a result within 28 days of appeal.


See APL1.1 Appeal process flowcharts


regards

thanks. so it should be done in 2 months if everything is managed by BHC (Post). that is bearable.

UKorUS wrote:My infant daughter's Tier 1 Dependant visa was refused by the Bombay BHC under paragraph 319H of the UK immigration rules.
Reason -
The ECO found the bank statement was more than 1 month old from the date of application. However, they have sent IAFT-2 with full rights of appeal - GV51 (FRA).
Circumstances -
My daughter was born in UK but was travelling to India so we thought of applying from India as my experience so far was that it takes less time to get a visa from India.
My mistake -
The problem was that we didn't submit all the last 3 months bank statement and the one that was submitted was a month's bank statement and more then a month old from date of application.
Action taken -
We have now filed appeal application with Bombay BHC with all the original bank statements preceeding the date of original visa application.
Timelines are like this-
Date of application - 7 Jan 2011
Visa refusal letter - 2nd Feb 2011
Appeal submitted - 7th Feb 2011 Ack letter from Bombay BHC - 9th Feb 2011 I am wondering how long will it take for the appeal decision.
Hope -
We are banking on the fact that (as per ECG and appeal guidelines on UK BA site) the ECM in Bombay BHC can overturn the decision - timeline 28 days from date of ack- locally).
Advice?
Is that a right assumption, does any body have a similar experience, would be great if you can share. Since the fee costs are too high i don't want to reapply again, is it advisable to go for a visitor visa application? This time the experience with VFS and BHC has been nothing less than horrendous - the VFS staff was completely callous in attitude and don't do a complete document check. After that, the BHC itself took around 4 weeks for processing the application. Any help or advice would be greatly appreciated.
Thanks VJ

As you admit you submitted wrong documents why not reapply with the correct ones?

Hi,

I had an appeal Last year for my Mother-in-Law Visitor Visa.

I am sharing my experiance.

We have applied for my Mother-in-Law Visitor Visa from Chennain on 10th May 2010. It was refused. The processing time was 14 working days and we received the rejection letter on 31st May 2010.
We appealed against the Decision to BHC chennai with in 3 days of receiving the decision (03rd June 2010). We received a letter from BHC chennai overturning the decision on 5th July 2010.
Asked to submit passport once again for Visa stamping. Took another 14 working days to stamp the visa. We received the passport back with Visa on 23rd July 2010.

The EC officer didnot inform the Asylum review office in UK. We received the hearing date here in uk on 03rd November 2010.

We wrote to Asylum office to cancel the heariing as BHC overturned the decision in Chennai.

So approximate Time lines are
Appeal -->overturn --> 32 days
Overturn --> Visa Stamping -->18 days

If no overturn of decision we would have gone for hearing on 03rd November 2010

Appeal-->Hearing date--> 5 Months

Hope this helps you.

Called AIT today and they said the appeal bundle has been forwarded by UK post to AIT. This means they have not overturned the decision locally at the Post.

I submitted all original bank statements preceeding the original date of application with the appeal application. Needless to say it had more than the required funds and covered the 3 month period before original date of initial application.
As far as I can conclude the UKBA does not take into account any new evidence that is outside the boundaries of the original evidence (submited at the application stage). So in my case since I had submitted just a month's statement (in original application) they have not considered additional original statements (even though for the same period) as evidence during appeal.

Very disappointing as its sneaks of unfairness and greed on part of UK BA. Bottomline - the bankrupt country just needs money so don't make any mistake anywhere.

Will reapply now with a fresh application.

UKorUS wrote:Very disappointing as its sneaks of unfairness and greed on part of UK BA. Bottomline - the bankrupt country just needs money so don't make any mistake anywhere.

I think, this is very disrespectful towards a country, you are trying to make new home.

Initially, you accepted that , you have made mistake, and now blaming others for following rule.

They could also have considered the rules for child born in the UK.

gotcha wrote:

UKorUS wrote:Very disappointing as its sneaks of unfairness and greed on part of UK BA. Bottomline - the bankrupt country just needs money so don't make any mistake anywhere.

I think, this is very disrespectful towards a country, you are trying to make new home.

Initially, you accepted that , you have made mistake, and now blaming others for following rule.

The bottom line is you made a mistake and should not blame others

UKorUS wrote:Called AIT today and they said the appeal bundle has been forwarded by UK post to AIT. This means they have not overturned the decision locally at the Post.

Will reapply now with a fresh application.

Called up Post today at Bombay BHC and got a pleasant surprise. They said that the ECM has overturned the decision so can come to the embassy and submit the passport for stamping. Minimum 2 weeks from here.
The decision was overturned on 11th March 2011. Timelines are:-
Initial application - 7th January 2011
Refusal letter dated - 28th Jan 2011
Appeal submitted - 8th Feb 2011
Appeal overturned - 11the March 2011

For the appeal, I submitted original bank statements that covered the period in question. So the appeal process does work actually. I stand corrected.