Urgent: EC Rejected

[apunan]

Hi Ravi,

Does the mail from British commission mean that we can show fixed deposits also as maintenance? or its only liquid funds?


Thanks,
Atanu

[hsmpinuk70]

On the contrary, it means the opposite ... FDs are not considered acceptable evidence of maintenance funds.

regards

[apunan]

So, it means we need to show only liquid funds in our bank a/c? No other form of funds are acceptable, is that correct understanding?

[hsmpinuk70]

Yes.

So, it means we need to show only liquid funds in our bank a/c? No other form of funds are acceptable, is that correct understanding?

[ravib]

Hi Atanu,

you need to show only your bank account and your joint bank account funds , which should be held in the account for the last 3 months ..they are not considering other types of proof of assets.

Regards
Ravi

[ravib]

Hi cskmail,

any updates on ur administrative review ? what happened to your original hsmp approval letter . please reply.

Regards
Ravi

[deepinder7090]

friends i have a query regarding the maintanence funds

1)in my saving account i am having 166000 INR and has taken money from my parents 300000 INR
2) I have 57000 INR in my other account held joint with my wife

situation is ===
planning to apply with my wife and son ie --2800+1600+1600=6000 pounds

i have taken three lakh from my mother ,can she issue the cheque if she is holding account with my father joint and my father is holding this account as a principal account holder

source of funds====
what are the documents should i show

1) photocopy of cheque of amount 300000
2) bank statement of parents
3) affidavit

what will the format of the affidavit

kindly suggest

[JAH]

This is Khuram Noman from Lahore, Pakistan. I have applied for the HSMP and got the approval letter from Home Office on 24-March-2008, then i applied for EC on 16-April-2008 but unfortunately my EC visa has been reject on couple of reasons. Below are the reasons.

Reason 1
You have submitted a work reference from Al Barakah industriesthat the British High Commission have been unable to verify as genuine. Wecalled the company several times and received no response. We checked with thePakistan Telephone Company but there is no alternative number available fromthis company. Since we have made every effort to verify your experience andhave been unable to do so, your application falls for refusal therefore underparagraph 135HA(ii)
Reason 2
You have provided a bankstatement as evidence of funds available to relocate to the UK. These funds arethe result of a large deposit of Rs 500,000 (£3906). Clearly this is well in excessof your income and you have provided no evidence of the origin of these funds.Whilst or sell property, it is also reasonable to expect them to provideevidence of this. In the absence of any evidence Iam not satisfied that thesefunds are personally yours and available to fund your relocation to the UK. Iamnot satisfied that you are able to maintain and accommodate yourself and youdependants until such time that you are in receipt of an income 135A(ii)HC395.

Let me explain you a bit about my case. I have shown that iam doing 2 jobs one full time and one part time. BHC called to my full time job office and get the verification, but unfortunately the day they called to my part time job office the Landline# is out of order and we have already lodge a complaint in Pakistan Telephone Company(iam not sure about that they called in those days or not but i think they called on days when the phone is out of order).

Now about the funds i have provide the sale receipt, affidavit and T.O Form but i think i made the mistake that i didn't translate the sale receipt and affidavit in English i provide the original ones that is in URDU but the T.O Form is in english

so can u plz guys guide me what i can do now either go for the appeal or go for new application?

You have still strong apeal. all are lame excuses...Go for appeal dude. Almost same thing happend in my case on 22 of April. We can discuss more on call 03009632592.

Gudluck!

Regards,

JAH

[cskmail]

Hi,

For getting back you original HSMP Approval letter, go to or write to your nearby BHC. Stating that you require your HSMP Approval letter back as you would be re-applying for EC on such and such date.

This is the procedure, I had adopted on the request of BHC.

I had given this request one week ago. I have not yet received my letter. So, I am waiting for it.

Hope this works for you.

Best of Luck

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

[cskmail]

Hi cskmail,

any updates on ur administrative review ? what happened to your original hsmp approval letter . please reply.

Regards
Ravi

Hi Ravi,

I went to BHC, New Delhi on 19th May. They asked me to wait further more in relation to Administrative review.

Regarding my original HSMP letter, they have made me to submit one written application to obtain back my original letter. In this I had to specifically state that I would be re-applying for EC on such and such date.

I am not very hopeful about positive out come of administrative review.

One of the member of this site has provided this link for Administrative review form for New Delhi

http://www.vfs-uk-in.com/images/Admin_Rev-NEWDELHI.PDF

[ravib]

Hi Cskmail,

Did u submitted all your original documents along with administrative review form . Infact I have couriered just administrative review form on 20-May and yesterday I got a call from VFS and they told that BHC informed them to call me and asked me to submit all my originals at VFS , Hyderabad.
Please share your updates on this.
Regards
Ravi

[Zubair2008]

Hi Everyone,

I hope someone can assist me what to do in my situation.

After first refusal on not providing tenancy agreement I followed the information from this forum. I submitted my application after one month of refusal with proper documents and xerox copy of approval letter.

Accommodation point was cleared but my entry clearence was refused again last month on the basis that I provided the photocopy of the approval letter.

Please assist me what to do as my approval letter is valid until mid of July.

Shall I get the re-print from Home office and re-apply. Does anyone think it is a good idea or will make another issue.

Many thanks

[geriatrix]

You haven't mentioned in your post as to what happended to the original HSMP approval letter?

Assuming you have lost the original HSMP approval letter, you can request for a re-print under (severely) limited circumstances. Read para 52 to 63 of the HSMP guidance notes.

If BHC retained it when they rejected your first EC application, they cannot complain / reject on that basis.

regards

[Zubair2008]

Hi Sushdmehta,

First of all thank you very much for your reply.

The original approval letter was retained after first refusal.

I followed the previous thread and re-apply for EC with xerox copy.
They refused the application to my amazement that scan photocopy was attached. I email them after that and they reply that I should now arrange for re-print of approval letter.

I have only four weeks left do you think it is sufficient time for Re-print or I have to go for fresh application.

Many thanks

[geriatrix]

The bigger question is whether BIA will issue you a re-print under these circumstances?? As suggested, above, read through the HSMP guidance regarding re-prints .. to find out if you can make a request.

And yes, the time is against you - 4 weeks to probably too less, given the way BIA functions.

This is the first instance I have come across where BHC is asking for a reprint of the letter even when the original is in their possession. I think you should send a written complaint to BHC in this regard asking them why you are being asked for a reprint when the original is under their possession.

You might want to have a look at these:
http://www.immigrationboards.com/viewto ... rox#168055
http://www.immigrationboards.com/viewto ... ive#169695

regards

[jaan4nav]

Frineds,

I have been refused EC under the Tier-1 General catagory for the following 2 reason:
1) Previous Earnings
2) Insufficient Funds

I had submitted my documents to the Ahmedabad VFS on the 22nd of May 2008. However, the ECO has mentioned that he has refused my visa on the 9th of May 2008?? what a disconnect???

Please find my findings mentioned under: I feel there has been some mistake somewhere, but would require your guidance before i fill up the admin review form and send it across:


1) Age
Points awarded are 10 ----- No comments --- Accepted

2) Qualifications
Points awarded are 35 ----- No Comments --- Accepted

3) Previous Earnings
Points awarded are 20 ----- Comments ---- Not Accepted
Concerns:- Please note that they have taken the NET INCOME AFTER TAX and NOT THE GROSS INCOME BEFORE TAX for assessing me on this parameter. This is contradicting the statement as per the Tier-1 general Policy Guide, under the section of Assessment of Previous Earnings, Paragraph 87, first line, which confirms that for applicant’s in salaried employment, gross salary before tax will be assessed.

However, in my case, as per the Entry Clearance Officer’s decision, the ECO has commented that my income has been recalculated as per the NET INCOME. Thus, he has arrived to a figure of INR 3XXXXX, which is post Tax as per my payslips, as against INR 4XXXX claimed by myself which is Gross Salary before Tax. This now leaves me with just 20 points instead of 30 points.

Also, as per the ECO’s comment in the previous earnings, he has mentioned that I have claimed 40 points for my previous earnings, whereas I have just claimed 30. Please note that as INR 4xxxxx when converted and uplifted to the UK standards, works out to GBP 3xxxxx, it actually falls under the 30 point scale as it is within the range of £29,000 - £31,999. Hence I had claimed 30 points and not 40 points

Hence, I believe I should be getting 30 full points to equal this section to a total of 75 points.

4) UK Experience
Points awarded are 05 ----- No comments----- Accepted

5) English Language
Points awarded are 10 ----- No Comments ----- Accepted

6) Maintenance
I believe that my Post Office Savings of INR 300,000 has been missed out for evaluation. These funds have been lying with the Postal Savings Department, which is an Indian Government Body, since 19th August 2003. There have been no debits till date (05th June 2008). I have also equipped the British High Commission with the original letter from the Government to that extent.

Hence, I taking this INR 300,000 into consideration, which is equal to GBP 3529 approximately (INR 300,000 / 85, where in 1 GBP has been assumed to be equal to 85 Indian Rupees), I believe that I do have sufficient funds to meet my maintenance requirements in the UK.


All said and done, please also note the following:

The date of refusal of entry clearance that is mentioned in the letter is the 9th of May 2008.
However, I submitted my application only on the 22nd of May 2008 at the VFS office in Ahmedabad

i would really appreciate if anyone could throw some light on it and advice me if its ok to go for an admin review and what are the chances??

regards

nav

[push]

This is absolutely astounding.You should appeal for an admin review. I remember reading a number of posts on this forum where people re-applied with a copy of the approval letter (as the original was retained by BHC on earlier instance) and successfully got EC.

One more question: did you clearly highlight in your cover letter that you are re-applying and the original approval letter is with BHC? - If you did not/ if you did but the ECO overlooked it, they might have treated it as a new application and would have expected to see the original approval letter, therefore.

regards,

push_hsmp

Hi Sushdmehta,

First of all thank you very much for your reply.

The original approval letter was retained after first refusal.

I followed the previous thread and re-apply for EC with xerox copy.
They refused the application to my amazement that scan photocopy was attached. I email them after that and they reply that I should now arrange for re-print of approval letter.

I have only four weeks left do you think it is sufficient time for Re-print or I have to go for fresh application.

Many thanks

[push]

Seems like a case of gross negligence and abysmal levels of processing the application. You need to apply for an admin review, citing the mistakes made by the caseworker. The only place whee I am not confident is the PO deposits. Can you submit a letter (from PO) to the effect that the funds are readily available for you to draw upon? As far as I know, one can withdraw only a fraction of what the balance was 3 years ago/ or something of that sorts.


regards,

push_hsmp

Frineds,

I have been refused EC under the Tier-1 General catagory for the following 2 reason:
1) Previous Earnings
2) Insufficient Funds

I had submitted my documents to the Ahmedabad VFS on the 22nd of May 2008. However, the ECO has mentioned that he has refused my visa on the 9th of May 2008?? what a disconnect???

Please find my findings mentioned under: I feel there has been some mistake somewhere, but would require your guidance before i fill up the admin review form and send it across:


1) Age
Points awarded are 10 ----- No comments --- Accepted

2) Qualifications
Points awarded are 35 ----- No Comments --- Accepted

3) Previous Earnings
Points awarded are 20 ----- Comments ---- Not Accepted
Concerns:- Please note that they have taken the NET INCOME AFTER TAX and NOT THE GROSS INCOME BEFORE TAX for assessing me on this parameter. This is contradicting the statement as per the Tier-1 general Policy Guide, under the section of Assessment of Previous Earnings, Paragraph 87, first line, which confirms that for applicant’s in salaried employment, gross salary before tax will be assessed.

However, in my case, as per the Entry Clearance Officer’s decision, the ECO has commented that my income has been recalculated as per the NET INCOME. Thus, he has arrived to a figure of INR 3XXXXX, which is post Tax as per my payslips, as against INR 4XXXX claimed by myself which is Gross Salary before Tax. This now leaves me with just 20 points instead of 30 points.

Also, as per the ECO’s comment in the previous earnings, he has mentioned that I have claimed 40 points for my previous earnings, whereas I have just claimed 30. Please note that as INR 4xxxxx when converted and uplifted to the UK standards, works out to GBP 3xxxxx, it actually falls under the 30 point scale as it is within the range of £29,000 - £31,999. Hence I had claimed 30 points and not 40 points

Hence, I believe I should be getting 30 full points to equal this section to a total of 75 points.

4) UK Experience
Points awarded are 05 ----- No comments----- Accepted

5) English Language
Points awarded are 10 ----- No Comments ----- Accepted

6) Maintenance
I believe that my Post Office Savings of INR 300,000 has been missed out for evaluation. These funds have been lying with the Postal Savings Department, which is an Indian Government Body, since 19th August 2003. There have been no debits till date (05th June 2008). I have also equipped the British High Commission with the original letter from the Government to that extent.

Hence, I taking this INR 300,000 into consideration, which is equal to GBP 3529 approximately (INR 300,000 / 85, where in 1 GBP has been assumed to be equal to 85 Indian Rupees), I believe that I do have sufficient funds to meet my maintenance requirements in the UK.


All said and done, please also note the following:

The date of refusal of entry clearance that is mentioned in the letter is the 9th of May 2008.
However, I submitted my application only on the 22nd of May 2008 at the VFS office in Ahmedabad

i would really appreciate if anyone could throw some light on it and advice me if its ok to go for an admin review and what are the chances??

regards

nav

[jaan4nav]

Dear Push,

I did equip them with the original letter from Pst Office confirming the same.

Also, in India, I do not think it is sane or advicable to park huge amounts of these sorts as Cash at bank without any reason

Afterall we all save for a rainyday, dont we?? Why should one leave cah at bank and earn just 3.5% interest when he can earn as high as 9% elsewhere, with principal protection???. Afterall, be it FD, post office deposits, its all our money only. Any travel plans are always planned, so there is no problem of access to these FD or deposits either.

[jaan4nav]

Dear Push,

I did equip them with the original letter from Pst Office confirming the same.

Also, in India, I do not think it is sane or advicable to park huge amounts of these sorts as Cash at bank without any reason

Afterall we all save for a rainyday, dont we?? Why should one leave cah at bank and earn just 3.5% interest when he can earn as high as 9% elsewhere, with principal protection???. Afterall, be it FD, post office deposits, its all our money only. Any travel plans are always planned, so there is no problem of access to these FD or deposits either.

[push]

Dear Push,

Why should one leave cah at bank and earn just 3.5% interest when he can earn as high as 9% elsewhere, with principal protection???. Afterall, be it FD, post office deposits, its all our money only. Any travel plans are always planned, so there is no problem of access to these FD or deposits either.

try explaining this to the EC . The problem is they go by (and at times exceed their brief) the caseworker's manual.

Anyways, you have a very strong case and warrants immediate redressal. Please apply for an admin review and there is a strong likelihood that you will get a positive answer. Use the review guidelines as must have been provided to you by BHC.

You can find the ADMINISTRATIVE REVIEW REQUEST NOTICE here: http://www.vfs-uk-in.com/images/Admin_Rev-MUMBAI.PDF

[CoolestGuyC]

Hi jaan4nav,

Any updates on your admin review??

Frineds,

I have been refused EC under the Tier-1 General catagory for the following 2 reason:
1) Previous Earnings
2) Insufficient Funds

I had submitted my documents to the Ahmedabad VFS on the 22nd of May 2008. However, the ECO has mentioned that he has refused my visa on the 9th of May 2008?? what a disconnect???

Please find my findings mentioned under: I feel there has been some mistake somewhere, but would require your guidance before i fill up the admin review form and send it across:


1) Age
Points awarded are 10 ----- No comments --- Accepted

2) Qualifications
Points awarded are 35 ----- No Comments --- Accepted

3) Previous Earnings
Points awarded are 20 ----- Comments ---- Not Accepted
Concerns:- Please note that they have taken the NET INCOME AFTER TAX and NOT THE GROSS INCOME BEFORE TAX for assessing me on this parameter. This is contradicting the statement as per the Tier-1 general Policy Guide, under the section of Assessment of Previous Earnings, Paragraph 87, first line, which confirms that for applicant’s in salaried employment, gross salary before tax will be assessed.

However, in my case, as per the Entry Clearance Officer’s decision, the ECO has commented that my income has been recalculated as per the NET INCOME. Thus, he has arrived to a figure of INR 3XXXXX, which is post Tax as per my payslips, as against INR 4XXXX claimed by myself which is Gross Salary before Tax. This now leaves me with just 20 points instead of 30 points.

Also, as per the ECO’s comment in the previous earnings, he has mentioned that I have claimed 40 points for my previous earnings, whereas I have just claimed 30. Please note that as INR 4xxxxx when converted and uplifted to the UK standards, works out to GBP 3xxxxx, it actually falls under the 30 point scale as it is within the range of £29,000 - £31,999. Hence I had claimed 30 points and not 40 points

Hence, I believe I should be getting 30 full points to equal this section to a total of 75 points.

4) UK Experience
Points awarded are 05 ----- No comments----- Accepted

5) English Language
Points awarded are 10 ----- No Comments ----- Accepted

6) Maintenance
I believe that my Post Office Savings of INR 300,000 has been missed out for evaluation. These funds have been lying with the Postal Savings Department, which is an Indian Government Body, since 19th August 2003. There have been no debits till date (05th June 2008). I have also equipped the British High Commission with the original letter from the Government to that extent.

Hence, I taking this INR 300,000 into consideration, which is equal to GBP 3529 approximately (INR 300,000 / 85, where in 1 GBP has been assumed to be equal to 85 Indian Rupees), I believe that I do have sufficient funds to meet my maintenance requirements in the UK.


All said and done, please also note the following:

The date of refusal of entry clearance that is mentioned in the letter is the 9th of May 2008.
However, I submitted my application only on the 22nd of May 2008 at the VFS office in Ahmedabad

i would really appreciate if anyone could throw some light on it and advice me if its ok to go for an admin review and what are the chances??

regards

nav

[khanahah]

Hi

Can we do Re-Apply and Appeal at the same time, my EC got rejected and i have already Appeal, but since it is taking too long i am planning to re apply so can i do it ??


Time is limited and i have to decide , please advise


Thanks

[jaan4nav]

Hi sush / Guys,

just thought would share a sad thing with you all. My admin review has been turned down. Its been upheld. The new ECO did apologise for the errors done by the previous ECO. However, he too has failed to go through the documents thoroughly

The new ECO has mentioned that the pass-book is hand-written and is unverifiable. He has also asked what percentage share does the joint holder have.

Well, for al your information guys, I have been holding the funds for more than 3 years. I had my father as a second holder as I was in UK and wanted some signatory to the funds, just in case I met with any casualty in the UK.

My question is, if the ECO wanted this clarification, he should have raised it in the first rejection itself and not bring it up during the admin review and deprive me of a fair chance of admin review.

If the Indian Post Office does not have a computerised system for pass-book, should I be held responsible for it? Also, if there was any doubt on the integrity or authenticity of the documents, they should have mentioned it earlier. Original letter from the department was provided to them with the application.

I am really unhappy the way the ECO's have handled my case. I was really looking forward for a positive news, but was shattered reading the comments the new ECO has made.

I am really hurt as such refusals give genuine aspirants and deserving candidates an impression that the British high Commission is trying its best to refuse entry clearance on silly grounds just to make more money of the applicants initial fee

I have given up, but would like to wish others good luck

[CoolestGuyC]

I am sorry that your admin review has also been turned down.

But you said the current ECO apologised for previous ECO's errors, and I see that as a positive sign. I believe that this second decision looks correct in accordance with rules set by them. This also proves that they are trying to give clear, consistent and predictable decisions, without any prejudice.

Well, for al your information guys, I have been holding the funds for more than 3 years. I had my father as a second holder as I was in UK and wanted some signatory to the funds, just in case I met with any casualty in the UK.My question is, if the ECO wanted this clarification, he should have raised it in the first rejection itself and not bring it up during the admin review and deprive me of a fair chance of admin review.

This was bound to be rejected as the current rules say that they do not accept any joint accounts with anyone (except joint account with spouse). Even if you had one more Admin review, the outcome would have remained the same.

If the Indian Post Office does not have a computerised system for pass-book, should I be held responsible for it? Also, if there was any doubt on the integrity or authenticity of the documents, they should have mentioned it earlier. Original letter from the department was provided to them with the application.

It also does not mean that they will approve your application, just because "Indian Post Office does not have a computerised system for pass-book". Also I dont think verification or integrity of statement is the main reason for rejection, it is just a lame supporting sentence to strengthen the reason for rejection. The main reason for rejection as mentioned above is, that your account is a joint account with father.

I am really unhappy the way the ECO's have handled my case. I was really looking forward for a positive news, but was shattered reading the comments the new ECO has made.

I am really hurt as such refusals give genuine aspirants and deserving candidates an impression that the British high Commission is trying its best to refuse entry clearance on silly grounds just to make more money of the applicants initial fee

I have given up, but would like to wish others good luck

In my opinion, you should not take this rejection personally, but (provided you are still interested), you should try again for EC.

And if your application was rejected just because of maintenance funds, and not because of the earlier (stupid wrong) reasons, you dont have to get dejected, there is still hope for you. You can make a fresh application which will surely get approved.

And in my opinion, I dont think ECO's are trying to reject applications to make money, just that they have become more and more "rule oriented", want "specific" documents, and they reject if they cant find required documents. They have a little chance to exercise their own discretion.