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please help in appeal

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manny2003
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Posts: 2
Joined: Tue Sep 09, 2008 2:31 pm

please help in appeal

Post by manny2003 » Tue Sep 09, 2008 2:37 pm

hi there,
i am jaspreet singh from India.actually i got my refusal for working holiday maker visa on 01/09/08.
i need your advise for appeal urgently.i am enclosing the reason of refusal please help on filling grounds.

The Entry Clearance Officer’s reasons :


I am satisfied that you meet the requirements of paragraph 95 of the immigration rules,except for the following:

Although i accept that your age makes you eligible for a working holiday visa,you must also show me that you will leave the uk at the end of your working holiday and that you will not take up permanent work.

You have not completed section 6.4 of your application form with details of any income or employment.you have stated that you are dependent on your parents but you have provided no details or evidence of their income and it is not clear how many people they support.you do not appear to have secured employement in india since completing your education.i do not therefore consider it credible that you would now take a 2 year holiday to the uk.because of this i am not satisfied that your plan to leave the uk at the end of your working holiday or that you plan to do only temporary work which is incidental to a holiday.(paragraph 95(vi)(viii) of HC 395).

To go on a working holiday to the uk,you must be able to support yourself without taking up fulltime work for the main part of your time in the uk,or using public funds. You plan to take Rs.3,57,951(about 4474 pounds) with you.This seems to be a large amount compared to your family’s personal circumstances,particularly as this appears to be all of your father’s savings.you have not explained,or shown,that it is realistic for you to spend these savings on a working holiday.Because of this,i am not satisfied that you want to enter the uk for a working holiday as you have claimed,or that you plan to leave the uk at the end of your stay(paragraph 95(viii) of HC395).

Altough i accept that may not have firm plans for the future,you must show that you plan to leave the uk at the end of your working holiday.because you have not shown me any realistic future plans,i am not satisfied that you plan to leave the uk at the end of your stay(paragraph 95(viii) of HC(395).

I therefore refuse your application.


please help me writing grounds..
Jaspreet Singh

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Tue Sep 09, 2008 4:44 pm

The ECO has given you all the help you need in his refusal wording. If you can't see what was wrong with your application you have no grounds for appeal.

All that you have appeared to show to the ECO is your father's savings. For all he knows your dad is betting the family fortune on getting you to the UK so that you can stay here and work to send money back to support him in his old age.

But maybe your dad's the director of a bank or a huge corporation, and you have a golden future awaiting you when you return to India. If so, it would be a good idea to produce this evidence when you appeal.

It's not a good idea to not bother filling in parts of the application form which look a bit difficult. The ECO can only make a decision on the evidence which is presented to him.

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Tue Sep 09, 2008 8:21 pm

Hello

See this case, what does your father do?

http://www.ait.gov.uk/Public/Upload/j21 ... ladesh.doc

manny2003
Newly Registered
Posts: 2
Joined: Tue Sep 09, 2008 2:31 pm

please help in grounds of appeal

Post by manny2003 » Wed Sep 10, 2008 7:59 pm

thank you everyone for your reply and suggestion.

In the visa application there was a column asking "what money available to you" i took it wrong and fill this column with all the money my father having in banks. they should use the term "what money will you take with you" instead of "what money is available to you".

Can i show assets(on father's name) and bank balance of family(other than my father) the value is much more than the money in my father's account.

please tell any solution on this situation. i need urgent help please.

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Tue Oct 14, 2008 8:50 pm

Bit late in replying so I hope this is still of some assistance if you are still going forward with your appeal:
You have not completed section 6.4 of your application form with details of any income or employment.you have stated that you are dependent on your parents but you have provided no details or evidence of their income and it is not clear how many people they support.you do not appear to have secured employement in india since completing your education.i do not therefore consider it credible that you would now take a 2 year holiday to the uk.because of this i am not satisfied that your plan to leave the uk at the end of your working holiday or that you plan to do only temporary work which is incidental to a holiday.(paragraph 95(vi)(viii) of HC 395).
As Mr Rusty said, you need to show that your family in India aren't relying on your trip to send money home (i.e. you're not coming here to work): show how much money there is available aback home (bank statements) and describe how many people that cash has to support.

You also need to show that you have connections in India that make it likely that you will return. Describe your family connections: if your family is well off this is a bonus. Describe any job you intend to take up on your return. The "intention to return" requirement is always tricky because your home circumstances are often outwith your control: personlly I think the ECO's reasoning (no job yet so won't return) is flawed. THis is precisely the time when people want to take a working holiday! But it's something you will have to argue yourself on appeal.
To go on a working holiday to the uk,you must be able to support yourself without taking up fulltime work for the main part of your time in the uk,or using public funds.
I don't think this is right. You can work full time: you are only prohibited from (a) work that is not "incidental" to your holiday, and (b) working more than 12 months in total during your visit.
You plan to take Rs.3,57,951(about 4474 pounds) with you.This seems to be a large amount compared to your family’s personal circumstances,particularly as this appears to be all of your father’s savings.you have not explained,or shown,that it is realistic for you to spend these savings on a working holiday.
Who does this money belong to? You need to show that it is "available" to you for your trip, and this is going to be difficult if it's sitting in a bank account with someone else's name on it. If someone else is going to pay particular expenses (e.g. air tickets) then get a statement from them that says so.





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