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Urgent: EC Rejected

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hsmp28122006
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Urgent: EC Rejected

Post by hsmp28122006 » Fri Feb 02, 2007 11:15 am

EC got rejected and reason provided is as below:

"I have carefully considered your application. However, you do not qualify for a visa for the following reasons.

I have assessed your application against the criteria and points table for HSMP. My calculations, based on the documents you have submitted with your application, show that you are short of the minimum required points total by twenty points. Consequently I am not satisfied that false representations were not made and that all material facts were disclosed for the purpose of obtaining your immigration employment document."

This is the complet reason given by them.

I had applied from Bangalore to Chennai office through VFS bangalore.

They did not return my HSMP Approval letter back to me :( What can I do now?

Can I re-apply? How can I re-apply if they have taken my HSMP letter?

What else can be done?

I had provided all the documents as in HSMP application, except my birth certificate. Had claimed these points:

Age - 20
Degree - 30
Salary - 25

nakvis
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Location: London, UK

Oh!!!!

Post by nakvis » Fri Feb 02, 2007 11:28 am

Oh my god.....I am sorry to hear about this.

Did you happen to speak to the VFS/High Commission regarding this?

Regards

hsmp28122006
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Post by hsmp28122006 » Fri Feb 02, 2007 11:38 am

I just got this, so not able to speak the, tried VFS number many a times but not reachable :(

What to do, please suggest me ASAP.

nakvis
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Hi

Post by nakvis » Fri Feb 02, 2007 11:41 am

Hello,

I would suggest is to better speak to VFS or consult some agents who deal with VFS/HC for VISA's and take their advice.

I ahve not seen such instance on this board till date.

Yours may be the first case....

Was there some thing which is worng/incorrect information in your proofs that you submitted?

Regards

nakvis
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Hi

Post by nakvis » Fri Feb 02, 2007 11:43 am

Hi,

I believe the REVIEW is only for initial application and not for EC....

Regards

hsmp28122006
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Post by hsmp28122006 » Fri Feb 02, 2007 11:54 am

No incorrect info provided by me. I just did not include my birth certificate, thats all.

Anyone know any agent's contact details, please help me ASAP.

John
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Post by John » Fri Feb 02, 2007 11:58 am

No incorrect info provided by me. I just did not include my birth certificate, thats all.
So not incorrect information .... merely insufficient information! And you are missing 20 points, and surprise surprise, you had claimed 20 points for age!

A good lesson here for all ... supply all the required information!
John

nakvis
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Hi

Post by nakvis » Fri Feb 02, 2007 11:59 am

Hi,

I think on theier VISAs portal....there is a section for APPEAL. SO I think you can appeal for the same......

Regards

hsmp28122006
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Post by hsmp28122006 » Fri Feb 02, 2007 12:07 pm

I had supplied birth cert too, for my HSMP.

This time, I did not supply birth cert, thinking that my passport has my date of birth then what's the need of this certificate.

I do not have issue with re-applying, but this issue is that, they have taken my HSMP approval letter. I can still APPEAL, but appeal takes very good amount of time and in most of the cases apeal is refused:

http://www.britishhighcommission.gov.uk ... 5141561620

Re-applying and appealing are two different things.

Can I RE-APPLY, considering the fact that I do not have HSMP approval letter now?

What could be other way out? Please suggest me.

This shows that all the applicants can always re-apply:

http://www.britishhighcommission.gov.uk ... 9128068725

aj_sp_007
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Post by aj_sp_007 » Fri Feb 02, 2007 12:28 pm

they are not satified with the documents you have supplied...please share you time line for ec application...the date u submitted and the date u received ure passport.They r definetely doing verifications. Somewhr i read that officers in bhc in chennai r the toughest officers to pass....they receive huge no. of fraudlent documents even for the student visa..but at the same time highest no. of visas are also issued by bhc in chennai.
neways try ure luck find a other way out...


aj_sp_007
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touk
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Post by touk » Fri Feb 02, 2007 12:41 pm

Hi hsmp28122006,

Dont worry!!! I'll tell what has to be done in your case.

1. Visit VFS Bangalore and inquire what could have been the reason for your rejection.
2. Usually its not advisable to appeal, but re-apply with the fresh visa application cost. Its allright if you dont have your original HSMP letter, Keep a photocopy of that and specify in your cover-in letter that original has been taken during your first application.
3. Attach a cover-in letter with all your explanations.

I think this should help you.

Cheers
touk

hsmp28122006
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Post by hsmp28122006 » Fri Feb 02, 2007 12:49 pm

Thanks touk!

Was there any case when photocopy of HSMP application did the work? Do I need to mentioned the previous EC reference while re-applying and stating that I am not able to provide original HSMP?

gct_123
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Post by gct_123 » Fri Feb 02, 2007 12:58 pm

hsmp28122006,

http://www.immigrationboards.com/viewto ... =karan4all

Check this thread update from HSMPforever.

hsmp28122006
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Post by hsmp28122006 » Fri Feb 02, 2007 1:30 pm

Thanks!

But he does not mention whether he was through after re-applying with xerox of HSMP approval letter. Please point me.

Mini
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Post by Mini » Fri Feb 02, 2007 1:36 pm

hsmp2812...,
It seems that in the absence of the birth certificate the EC officer has assumed that you do not have an original birth cert and hence used his (i think) newly found discretion to withhold your points. Looks like the BHCs have also been provided with some new instructions as part of the changes to the hsmp rules in nov-dec.

You should add the certificate and carefully draft a covering letter to your docs covering all his points for refusal.

Good Luck
Mini

hsmp28122006
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Post by hsmp28122006 » Fri Feb 02, 2007 1:40 pm

Thanks Mini and gct!

That is all fine.

But the question is, how can I re-apply without ORIGINAL HSMP APPROVAL LETTER?

Was there any case where xerox of letter was supplied and EC was granted?

HSMP holder
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Post by HSMP holder » Fri Feb 02, 2007 6:00 pm

I think birth certificate is not an issue because they know your age from your passport. From your response, it seems that they suspect misrepresentation on your part.

There is little you can do because the Embassy has complete discretion regarding visa matters. You do not actually have a right to appeal.

It seems to me that the most time-efficient course of action is to re-apply HSMP again to the Home Office and pay particular attention to the documents you are going to submit. If approved, you should reapply EC again based on your new approval letter.

In practice, you cannot live in the UK without the genunie HSMP approval letter.

hsmp28122006
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Post by hsmp28122006 » Fri Feb 02, 2007 6:25 pm

I have the right to appeal!

HSMP holder
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Post by HSMP holder » Fri Feb 02, 2007 8:11 pm

This is an extract copied from UK visa.

"Who can appeal?
For some types of application, there is a right of appeal when a visa is refused. These are the most common.

Family visit - if you are visiting close family members in the UK
Children and dependent relatives - to settle in the UK
Husband, wife, fiancé or fiancée - to settle in the UK
Student - to study for more than six months in the UK
Working holidaymaker - to look for or take work as part of a working holiday in the UK
Au pair - to live and work part-time for pocket money, with a family in the UK
Work permit holder - to work full-time in the UK
Minister of religion - to work full-time in the UK in a religious capacity

If we refuse your visa application and you want to spend more than six months in the UK, you may also have the right of appeal. The Entry Clearance Officer (ECO) will tell you if you have a right of appeal and give you the appeal forms you need. "

I suppose therefore a refusal to HSMP visa is not not subject to appeal. But you can always re-apply. From a practical point of view, you'd better re-apply because the time for appeal (if any) may not be shorter than a re-application. Morevoer, you cannot submit additional documents.

This is my suggestion anyway and I am trying to give my opinion to anyone in this forum. One needs to get a clear picture to determine which action is the best. I am sorry to hear that your EC has been rejected. But reality is reality. Just calm down and think of some fesible ways to overcome problems.

hsmp28122006
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Post by hsmp28122006 » Sat Feb 03, 2007 4:29 am

Thanks a lot HSMP Holder. I am able to appeal, because I am given a letter with right to appeal. But as you said above, I do not want to appeal because it takes much time (few months) and, most of the times decision remains un-changed.

I am thinking of re-applying, but as already said, how can I re-apply without a HSMP Letter which has not been returned by them?

Zee_Zee
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Post by Zee_Zee » Sat Feb 03, 2007 7:13 am

My honest advice would be not to proceed with re-applying with Xerox copy. Reason simply being another refusal because of no original approval letter.

This seems like a real life lesson for all prospective HSMP applicants that you should reveal all the information carefully. Mere exclusion of one document with EC application that was sent with the HSMP application caused this.

The best advice (as others have shared) is to visit the BHC and discuss the issue and proceed with their advice. They'll surely advice for appeal in which you should apologize for not including the birth certificate. Normally, if you miss some document then they call you and ask you to provide that document. Try to inquire any official at the BHC about actual reason that made them think about false representation in your case.
Regards,


Z Z.

hsmp28122006
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Post by hsmp28122006 » Sat Feb 03, 2007 7:15 am

Thanks a lot Z Z, will do this for sure!

farah
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Post by farah » Sun Feb 04, 2007 1:25 pm

Re-apply as well as file appeal.One can do both things simulteanously.You can write/ e-mail to HC asking for return of HO approval letter -requried for reapplying.You will get positive response within 5 days.
You will get EC very easily this time by enclosing birth certificate.
Farah

sohail akhter
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Post by sohail akhter » Sun Feb 04, 2007 4:28 pm

You can reapply with the photocopy of HSMP approval, as my friend in Paksitan did and BHC considred that.

hsmp28122006
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Post by hsmp28122006 » Sun Feb 04, 2007 5:47 pm

Thanks a lot Farah and Sohail.

You guys really gave me the breather :)

I will confirm the same with VFS guys tomorrow and update about my status.

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