Dependant visa rejected BHC harrasment!!

[Confused and worried]

VFS asked for original and photocopy docs and then they returned back a couple of photocopy documents in an envelope back to my wife. Wife thot they had taken all the relevant docs as its their job. This happened in 02/06/10. Visa got refused and the reason being the original bankstatements werent submitted. It came as a rude awakening since we had submitted everything that was required. Saw that the VFS staff had put the original statements along with other photocopies in the envelope and had taken only the photocopies.
Filled in the appeal form and explained the reasons of why we werent happy with the decision and also attached the original bankstatements. Received acknowledgement letter dated the 12/07 but since then havent heard anything. After nearly 7weeks i phoned 01124100020/22 from 9am UK time to 11am, all i could get was line is busy and the call disconnected. I phoned the embassy who tried to connect me twice and then the lady at the reception disconnected the call . Im totally frustrated as all i want to know is whats happening? I thot ECO may have overturned the decision and wanted to kno about the situation. Even if it is sent for appeal atleast if i know that would give my family and me a peace of mind as we would know where we stand.
This is sheer mental harrasment, BHC just has one line to phone which is never free. Could anyone please give me their suggestions, opinions and solutions. Thanks

[geriatrix]

It is the applicant's responsibility to ensure that the application form is duly filled and signed, application fee is paid, and (any) supporting documentary evidence(s) as required are submitted.

The ECO will make a decision based on the evidence(s) in front of him - and it is his/her discretion to believe the authenticity of your claim(s) or not to do so. Can you prove to the ECO that the original statements were presented to the VFS staff (and not just photocopies)? No matter how frustrating it may be, the bottom line is that such a claim is difficult to prove (if not impossible). From an ECO's perspective, it is the applicant's responsibility, not VAC staff's, to ensure that mandatory requirements are adhered to.

If the ECO decides to not overturn the earlier decision, it is not expected that you'll receive any communication on the matter from local BHC.

Appeals are time consuming and, IMHO, inappropriate to assume that a decision will be overturned by the ECO as a result of claims you have made ... unless you have provided evidence to support your claim(s).

It is known fact that appeals usually take 4-6 months (or more) to reach a decision, if the decision is not reversed by the ECO at local level. Local BHCs do not entertain status enquiries unless customer service standards have exceeded, and moreover, they cannot advise you on timelines when your appeal is to be / has been forwarded to FTTIAC. When the appeal is registered with FTTIAC, you can expect to receive a Notice of Pending Appeal (IA10) and the time delay between issuance and receipt depends on method of communication used.

To give you an idea, ECOs have 8 weeks to prepare the documents for sending the non-settlement appeal to FTTIAC, and AIUI, therefore has 8 weeks to decide whether he/she should overtunr the decision or not! For non-settlement appeals lodged at post the earliest time an appeal would be heard is, 16 weeks after the appeal was lodged.

If the delay is something that you cannot accept (for any reason), you may wish to withdraw the appeal and make a fresh application.

For more information on out-of-country appeals, see FTTIAC FAQ


regards

[Confused and worried]

You do have given me a lot of information for which i do appreciate. Thanks a ton mate, atleast ive got a peace of mind now as i can be mentally prepared to wait another umpteen weeks. Fair enough and uve got some valid points there bud but seems ur a bit annoyed or offended as ur response is helpful at the same time a bit cheeky as well. A good mix and match of the good and the bad eh....Cheerio

[geriatrix]

You may perceive it as cheeky because it presents a perspective different from yours .. the other side of the story! But let me assure you it isn't an emotional response. Just presented the (possible) facts in a plain and straightforward manner!

Some people find straight answers out of line but (unfortunately) sugar-coating is one skill I have failed to learn!


regards

[Confused and worried]

mr mehta as i said before i do appreciate ur insight in the matter and yes im in this blog to know the facts. I dont patronise myself and i dont need any melodramatic words and sentences esp from wannabe cowboys but i tell you wot my fren,although u seem to have a fair understanding of the immigration rules of britain ur cheekiness still shows ur a bit inconsiderate of how an individual might be feeling or ur arrogance tells that u fail to understand what an individual might be going through...Is that what you call being straightforward, no bullshit, no sugar coating?? Mr mehta i take it u have been living here in the west (i hope so) so learn to correspond with another individual in a much subtle manner, learn to respect the feelings of another if you want to throw ur expertise or else you could keep ur construtive comment along with ur cheekiness to urself.

[geriatrix]

First it was VFS at fault, then BHC's harassment and now it's me not respecting your feelings! No offence but your frustration and anger due to the situation you are in seem to be influencing your responses and your judgement on who may be at fault, where the blame ought to lie and for what reason! Therefore unfair of me to respond to your emotionally charged utterances.

Even though I have read all your posts on this forum I am still at a loss to see where VFS or BHC are at fault (and you may disagree with me) and as for me, honestly, if I had not respected your feelings or empathised with your situation I wouldn't have replied to your post. While you noticed the absence of empathy in the text and cried foul, you failed to notice the empathy in essence.

With no intention to argue any further on issues that are completely irrelevant to the subject, let me end with the assurance that there was no intention whatsoever to offend. And, I apologise if you feel hurt by anything I said!


regards

[sapvish]

Confused and worried... first calm yourself and try to think where the initial mistake was done. VFS receives hundreds and thousands of applications daily. Although they try to do their best, but unfortunately it has happened many a times that they miss out on documents and its individuals responsibility whatsoever to check it again before leaving. I have heard of similar cases before. Individual can in no way blame VFS in this matter.

What sushdmehta did was just to get the actual facts for you. He took his time to write few details that would be really helpful to you. Appreciate it.

Appeal wil definitely take time. If in hurry you can reapply. Thats the only way.

[geriatrix]

See also Entry Clearance Guidance - Appeals (APL) and Appeal Process Flowchart - Non-settlement appeals lodged at Post


regards

[Confused and worried]

no offence intended...thanks a lot moderator for ur custom, very much appreciated. Cheers