Rejection of PBS Dependent Visa - Help Please!!!

Dear all,

I submitted my application as a PBS dependent on 17/05/10 and received response today i.e 17/06/2010. I was refused my visa application - the decision was given as:

As laid out in appendix E of the Immigration Rules, you must show that your sponsor has available £ 533 in available funds (per dependant applying). These funds must be held in account for three consecutive mnonths with a final statement date no more than one month from the date of application. You application was made 17/05/2010 and you have submitted Barclays bank statements dating 13/02/2010 to 05/05/2010. Therefore I am satisfied that the funds have been held in account for less than three consecutive months. I am therefore not satisfied that there is a sufficient level of funds available to you as set out in Appendix E 319 C (g)

I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all of the requirements of the above paragraph(s) of the Immigration Rules

In my application I have provided my husband Barclays Bank statement from 15/12/2009 to 05/05/2010 and not from 13/02/2010 to 05/05/2010 as stated in the refusal – covering a period of 4 months and 5 days. The bank statements provided were 4 in all, with break up dates given below:

1. From 15/12/2009 to 12/02/2010
2. From 13/02/2010 to 12/03/2010
3. From 13/03/2010 to 14/04/2010
4. From 13/04/2010 to 05/05/2010

My refusal states that the account statements have been provided from 13/02/2010 to 05/05/2010; hence not fulfilling the criteria of providing a bank statement covering 3 consecutive months which has not been the case.

I don't understand why they have refused my application. Did they make a mistake? because the reason stated is that bank statement covering 3 mths has not been provided - although i have fulfilled that requirement.

Can some one help me with the following queries:

1. Should i opt for an administrative review?
2. Should i go for an appeal or should i simply file for a new visa application?
3. What are the approximate time lines for each?

Your help would be highly appreciated.

Hi,
Was it in India, if you are not in a hurry, put up for an admin review, most likely you will succeed. Takes more time, than they mention.
All the best.

No this is in Pakistan. Any estimate of time taken?

Hi,
My primary application for tier 2 was rejected on the grounds of bank statements(a different reason than yours). Admin review was won, but took apporx 8 weeks in Nov 2009, in chennai India.

Thank you for your response. This is 8 weeks in all or only for the decision plus time taken to issue a visa

One more question, were you given the right to admin review?

Fatima Jamal wrote:
1. Should i opt for an administrative review?
2. Should i go for an appeal or should i simply file for a new visa application?
3. What are the approximate time lines for each?

Does it say in the return letter that you can file an admin review?


Normally appeal takes longer than submitting a new application, but in new application they can reject for anyother reason (i hope they dont). so my suggestion is better to appeal as you have only one point to prove.

No the letter states that i can appeal, nothing about an admin review is written

I personaly recommend you to appeal if you are not in too much hurry, what will happen is you need to send to form (can you tell me which form is it ? is it IAFT-2?) to Immigration and Asylum Chamber) (IAC) and then they will write to HO to explain why they refused your application, at that point if ECO thinks that your application was refusd due to mistake (this is admin review) he/she might issue entry clearance straight away.

Yes its IAFT2

Also one more question,is it possible to file for a fresh application while u have filed for an appeal? i was thinking that if i file for an appeal andit takes too long then can i file for a fresh visa??

No you can only do one at a time, if you want to make a fresh application as well then what you can do is , appeal and wait for some time (i wish you get the reivew done and thigs sorted out during that), if that takes too long then withdraw the appeal and make fresh application

Fatima Jamal, have all the applicaiton documents been returned to you (including the statement that they apparently missed?).

You should be able to appeal by submitting your appeal form and supporting docs to the visa section where it was decided (as drhopeful did):

http://www.ukvisas.gov.uk/en/howtoapply ... f19appeals

http://www.ukvisas.gov.uk/resources/en/ ... lodgedpost

This will result in the Entry Clearance Manager reviewing it before it is sent to the UK Tribunal. If your appeal is a straightforward matter of consideration of documents, this should be a quicker option.

I do not think there is actually anything in immigration law to prevent you from making a further application while an appeal is pending, but I know some people have experience of DHL in Pakistan (for example) insisting that applicants must not have any outstanding appeals... See APL1.20 here:

http://www.ukvisas.gov.uk/en/ecg/appeal ... s#22289244

But if the matter is as straightforward as your post suggests (i.e. an overlooked bank statement), I would wait at least until they post has had long enough to review the decision before you go ahead with a fresh one...

Katy, i received the bank statement back along with all papers that i had submitted with my application.. as you suggested that i should wait for them to go review their decision but do you have any idea how long that takes?

Should my husband hire a lawyer to file the appeal, or should we do it ourselves, cuz the matter seems pretty straightforward to me. Also as my husband is in the UK, can he nominate himself as my representative?

Thank you for your help. i will be waiting for your response.

Dear Katy,

Your urgent response about getting a lawyer vs filing the appeal ourselves would be much appreciated.

Regards,
Fatima Jamal

Hi Fatima,

Your husband can be ur representative but i tell u now it takes a long time..I appealed for my wife oct 26 2009 and till june 2010 i did not have any hearing.In the end i had to withdraw it so my wife can apply for fresh applicaton.

Hi Fatima
Have you applied for the appeal please keep us updated about the outcome, goodluck


Regards

Hi,

yeah he did on the 22nd june, but havent received any response as yet.

Will update further when i get a response

@fatima i suggest to resubmit your documents if there isn,t any problem with money as appeal cases take minimum of 6 months from pakistan and it can take longer but if u have patience you can appeal and u might win.

Fatima Jamal wrote:Hi,

yeah he did on the 22nd june, but havent received any response as yet.

Will update further when i get a response

Have you got any reply, also are you going to apply for fresh application as well?

No response as yet...i will wait till end of next month and then file again.

any response yet? also have you applied for new application, i am following this post as my friend's wife's visa was refused and she will be applying again with appeal pending.

Thanks

Fatima Jamal wrote:No response as yet...i will wait till end of next month and then file again.

Fatima, your visa has been refused not becasue your bank statements were for less than three months but becuse there were not sufficient funds in them for the consecutive three months....you need to check in the bank statements to see if that is true if not then you should probably go for an admn review..