Tier 1 - Dependent - EC Rejected

dreamer645 · Post by **dreamer645** » Tue Jan 12, 2010 8:17 pm

Hello All,

Guys i desperately need some help.
My wife's dependent visa application was rejected as i didn't provide maintenance fund proof..........and hence i would like to appeal and submit additional proof towards it.............

I have recieved refusal of entry clearance letter without AIT-2 (appeal form). I spoke to customer service and they said i could download from AIT.gov.uk website

I have following question........as section 1 isn't complete could you all help me........

-Is your Refusal Notice a Points Based System (PBS) decision ? - i guess answer to this would be "no" for Tier 1 dependent - Am i correct?
- Is Tier 1 depenedent visa a settlement/non-settlement or family visit type of visa...as asked in AIT-2 application?

-I need to show 533 pounds over last 3 months.............could i show my wifes saving account which had 600 pounds plus for last 6 months
- Could i show my investment account statments?

Thanks for all the help in advance.
DJ

Post by **geriatrix** » Tue Jan 12, 2010 8:19 pm

Can you appeal with new evidence(s) that you failed to submit at the time of initial application?? Given that the missing evidence(s) was a mandatory requirement!

I do not know ... maybe others with similar appeal experience can advise.

regards

dreamer645 · Post by **dreamer645** » Tue Jan 12, 2010 8:29 pm

Yes, I think so.
As refusal letter explaining rejection reason states, additonal evidence can be provided.

But again if someone with similar situation can share their experience, it would be great help.

Cheers

Post by **push** » Tue Jan 12, 2010 8:35 pm

dreamer645 wrote:-Is your Refusal Notice a Points Based System (PBS) decision ? - i guess answer to this would be "no" for Tier 1 dependent - Am i correct?

The answer should be Yes as the dependent is applying under Tier-1 VISA category (main applicants + dependants both are covered under it)

dreamer645 wrote:- Is Tier 1 depenedent visa a settlement/non-settlement or family visit type of visa...as asked in AIT-2 application?

its a settlement category (leads to settlement)

dreamer645 wrote:-I need to show 533 pounds over last 3 months.............could i show my wifes saving account which had 600 pounds plus for last 6 months

Yes you can

dreamer645 wrote: - Could i show my investment account statments?

Investment account??

Sushil-ACCA · Post by **Sushil-ACCA** » Tue Jan 12, 2010 8:45 pm

push wrote:
dreamer645 wrote:-Is your Refusal Notice a Points Based System (PBS) decision ? - i guess answer to this would be "no" for Tier 1 dependent - Am i correct?
The answer should be Yes as the dependent is applying under Tier-1 VISA category (main applicants + dependants both are covered under it)
dreamer645 wrote:- Is Tier 1 depenedent visa a settlement/non-settlement or family visit type of visa...as asked in AIT-2 application?
its a settlement category (leads to settlement)
dreamer645 wrote:-I need to show 533 pounds over last 3 months.............could i show my wifes saving account which had 600 pounds plus for last 6 months
Yes you can
dreamer645 wrote: -

Could i show my investment account statments?
Investment account??

NO

dreamer645 · Post by **dreamer645** » Tue Jan 12, 2010 10:39 pm

By investment account i mean........that i have enrolled with fidelity investment, wereby i invest 200 pounds every month which is accumulated over a years period.

I have option of withdrawing accumulated money any time or
After 12 months i have an option of buying companies shares at a discount or invested amount back.

Guys thanks for the info.

Cheers....

dreamer645 · Post by **dreamer645** » Tue Jan 12, 2010 10:43 pm

Sushil..I didn't get your NO......
Could you explain it, what you meant.......

Regards

Post by **push** » Tue Jan 12, 2010 11:10 pm

dreamer645 wrote:Sushil..I didn't get your NO......
Could you explain it, what you meant.......

Regards

Not sure what his "No" is about but if it relates to the maintenance fund requirement then pls see the following from the guidance note:

40. If the Tier 1 Migrant is outside the United Kingdom or has been present in the United Kingdom for less than 12 months, each family member of the Tier 1 Migrant must show that he/she, the Tier 1 Migrant, or (for children) his/her other parent who is also legally present in the United Kingdom has at least Â£1600 to support him/her; this is in addition to any funds the Tier 1 Migrant needs to prove he/she has enough money to support himself/herself.

Post by **geriatrix** » Wed Jan 13, 2010 1:46 pm

dreamer645 wrote:I have recieved refusal of entry clearance letter without AIT-2 (appeal form). I spoke to customer service and they said i could download from AIT.gov.uk website

First thing you should ascertain is whether you should be using the AIT-2 form or the PBS Administrative Review form.

It is strange (I think) that an overseas diplomatic post has given the right to appeal in the refusal letter but have not attached the relevant appeal form.

AIT -> Forms & Guidance wrote:For appeals against an entry clearance officerÂ´s decision, you need to use the appeal Form AIT 2 which is issued to you by the embassy or British High Commission when your application is refused. Form AIT 2 is here for information only.
Applications refused under the points based system outside of the UK have limited right of appeal to the AIT.

UKVisas -How do I apply > Visa Application Forms wrote:If you are outside the United Kingdom and your application has been refused, you can ask us to review your application using the Administrative Review Request Notice form.

Can you spell out what the refusal letter states regarding your right to appeal? It will help us in understanding if you have been given the right advice of using AIT-2 form.

Another word of caution - "New" evidence is different from "additional" evidence (e.g. New evidence - Never provided before; Additional evidence - new evidence to supplement evidence submitted beforehand that has been deemed insufficient). What does the letter state about additional evidence(s)?

Not discouraging you ..... just making sure you are on the right track!

regards

dreamer645 · Post by **dreamer645** » Wed Jan 13, 2010 7:14 pm

here's the wordings from refusal letter showing right to appeal.......

"
I therefore refuse your application as you do not meet the requirements of paragraph 319(C)(g) of the immigration rules.
I therefore refuse your application.
if you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the necessity for an appeal hearing.
Your right of appeal
You are entitled to appeal against this decision under section 82(1) of the Nationality, Immigration and Asylum Act 2002. If you wish to appeal you should complete Appeal Form AIT-2, a copy of which will be given to you with this notice. A guidance leaflet is also enclosed which explains what to do.
You must lodge your appeal at the Asylum and Immigration Tribunal. You can do this by:
Fax to:+44(0)1509221699; or
Post to: Asylum and Immigration Tribunal, Tribunals Group Customer Service
Centre, PO Box 7866, Loughborough, LE11 2XZ, United Kingdom; or
Returning your appeal papers to the Visa Section, British Deputy High
Commission, Naman Chambers, C/32 G Block, Sandra Kurla Complex, Bandra
East, Mumbai 400051.
The completed appeal form must arrive no later than 28 days after the date of this notice, and you must make sure that it is signed and dated.
Entry Clearance Officer CK
Date of refusal:
If posted to applicant date of posting:
If sent to VFS or CSC for forwarding to applicant, date sent:
If a copy of this notice was personally handed to you by an Entry Clearance Officer, then please sign below:
Applicant's signature; Date

"

Regards,
DJ

Post by **geriatrix** » Wed Jan 13, 2010 7:25 pm

Crystal clear!

I hope you are aware that an appeal to AIT could take months for a decision is reached. It is a time consuming process.

regards

dreamer645 · Post by **dreamer645** » Wed Jan 13, 2010 7:35 pm

As application was rejected for maintenance funds...i have deposited required amount in my saving account so that i can take statement after 3 months.

Can i apply after 3 months or do i have to wait for a specified time?

When applied second time, would it be considered fresh application?

Is their a limit on number of time one can apply, or one can keep trying?

If i do appeal, could i withdraw my appeal in between as if it takes more than three months i would be better applying second time...........i guess only loss would be application fee?

All your replies have been of great help..........and i thank everyone of you for helping.........

Regards,
Dinesh

Post by **geriatrix** » Wed Jan 13, 2010 7:48 pm

Be clear on one thing - An appeal is an appeal ... not a fresh application. Likewise, a fresh application is a fresh application .... not an appeal!

dreamer645 wrote:The completed appeal form must arrive no later than 28 days after the date of this notice, and you must make sure that it is signed and dated.

If you wish to appeal, it must be done within 28 days of receipt of refusal letter.

You can make a fresh application whenever you wish.

It seems that you do not have documentary evidence of maintenance funds. So on what basis are you planning to appeal (now)??? or even make a fresh application before you have proof of having held required maintenance funds for 3 months??

regards

uma103 · Post by **uma103** » Fri Apr 16, 2010 10:19 pm

Hi dreamer645

Just want to find out how you got away with it ??
I got similar issue for my Mrs but my bank statement was a few days over a month old.

I am planning to appeal against the decision as application is refused on basis that i not got enough funds available but as i got my my up to date statements with sufficent balance in my account..

Please advise what happen to your application ??

Thanks

dreamer645 · Post by **dreamer645** » Sun Apr 18, 2010 8:53 pm

I am still waiting for my appeal hearing, which is due to take place end of this month.........
Will post once i have heard back from them............
I have appealed based on the fact funds were available but not shown on the documents submitted, lets hope they consider it......
Cheers

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Tier 1 - Dependent - EC Rejected

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