Complaint, appeal or reapply??

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Old Aug 30th 2015, 6:42 pm
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Default Complaint, appeal or reapply??

Hi everyone. I previously posted last year about our plans going back to the UK. From our previous plan, circumstances changed and we all decided to go back including my husband. We decided to apply using the savings route. The decision of my visa took so long that my family had to leave without me because school had started. Today, I got my refusal letter. The reason I was refused was the documentation of the money in our accounts which we could have easily rectified if they requested the documents.
I'm still in shock, I haven't seen my family for 4 weeks , I wasn't able to watch my older son competed in the British Swimming Championship and my little one is sick. We had been together as family all the time, married for 17 years and I am the primary carer of the children.
I really need guidance on what is the best option for me right now. Can I complaint about their non acceptance of documents we provided when they could have easily requested us to submit documents needed? Should I forward the appeal as soon as possible with these documents? I'm really scared of the long wait again and the time away from my family. Should I just reapply with the new documents ? How about if they find new reasons for refusal? Also, the new application fee we have to pay again. Because of the money sitting in our accounts for 9 months, we are being forced to financial ruin. My husband couldn't start his job because there is no one who can look after the children. I have to sell our property here at loss because we needed the funds.
Which option is the best way for me to go?
Thank you.
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Old Aug 30th 2015, 7:28 pm
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Default Re: Complaint, appeal or reapply??

There is no liability on the authorities to contact people and ask for additional or different document which might or might not substantiate their application.

You need to scan in your refusal letter as its impossible to advise when we don't know what the refusal is.

You can't submit documents which were not available at the time of application.

An appeal could take up to a year.

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Old Aug 30th 2015, 8:04 pm
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Default Re: Complaint, appeal or reapply??

Thank you for the reply. Is it to reapply my best option? I sent you PM SanDiegogirl.
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Old Aug 30th 2015, 8:07 pm
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Default Re: Complaint, appeal or reapply??

How can we tell? ..... we don't know what the reasons were for your refusal; that is why I said scan in the relevant pages which details the refusal in the refusal letter. Alternatively, type out the actual points of refusal.

Please do not PM me for this......... it benefits others if we deal with this issue in the main forum.
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Old Aug 30th 2015, 8:52 pm
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Default Re: Complaint, appeal or reapply??

As SanDeigogirl says, you would need to be more specific about the actual reasons for the refusal. I know it must be devastating but you cannot complain to UKVI when you did not submit the required documents, if that is the case. It is unfortunate that you did not list the documents on this forum before you submitted your application. If you appeal it could take months whereas if you reapply with the correct documentation, you may be able to join your family sooner.
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Old Aug 30th 2015, 8:54 pm
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Unhappy Re: Complaint, appeal or reapply??

Refusal letter


You have stated in your declaration that you are also holding *********(£*****6) in your ****bank account ending in ****. However you have not provided any bank statements for this account. I am therefore unable to take these claimed funds into consideration.
You have provided your sponsors bank statements relating to his **** account number ending in ****.I note the closing balance on this account on 02/07/2015 was £****** however the bank statements you have provided are electronic statements and have not been certified in the correct manner. Therefore, in accordance with the Immigration Rules, I can not take these funds into consideration.
You have therefore only evidenced £*******in cash savings, this is below the £62,500 required. Subsequently, you have not met the requirement of the Immigration rules and I refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E- ECP.3.1)"

The first account is rollover time deposit that gets automatically renewed monthly. I don't receive monthly statements. The bank provided Certificate of Deposit and Certificate of the Monthly balance for the last 8 months which I submitted.
We also don't get monthly statements with the second account. We got electronic statements printed in the Branch stamped and signed.
i don't really know what else to do? I just have to go back to the banks and ask them for more papers to prove the deposits.
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Old Aug 30th 2015, 9:13 pm
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Default Re: Complaint, appeal or reapply??

From what you have said, I am surprised you were refused but maybe I am missing something. Did the statements/ certificates from both bank accounts show that the balance did not fall below the required amount at any time during the past six months? UKVI says the statements from the second account were not certified in th correct manner. You say they were stamped and signed by the bank. We also had monthly certificates for our fixed term deposit and they were accepted last year. It may be, unless one of our moderators advises otherwise, that you could ask for an administrative review rather than appealing.
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Old Aug 30th 2015, 9:31 pm
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Default Re: Complaint, appeal or reapply??

We have three accounts. Two accounts with one bank, one is savings and one is term deposit which gets higher interest. They accepted the savings account from the same bank and refused the term deposit.
The other bank is in the UK and whenever we requested for statements, they just printed,stamped and signed. We thought that would be enough. We haven't used any money from these accounts since last December.
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Old Aug 30th 2015, 9:40 pm
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Default Re: Complaint, appeal or reapply??

Do you have immediate access to the fixed term deposit account? We did but we still attached a letter confirming this. No idea why the UK account statements were not accepted if they were stamped and signed. You say 'whenever' you requested statements....did you submit six statements to cover the six months preceding your application?

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Old Aug 30th 2015, 10:09 pm
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Default Re: Complaint, appeal or reapply??

The UK account is online printed statement from December to June. It is only one page as there isn't much activity, it is access saver acount. We have current account too from the same bank that we also submitted the statements to show the the source of the access saver account.
How do you certify electronic statements in correct manner? Yes, the term deposit certificate from the bank stated that it can be accessed anytime.

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Old Aug 30th 2015, 10:17 pm
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Default Re: Complaint, appeal or reapply??

And that one page statement was signed and stamped by the bank?

And you have immediate access to the fixed term deposit account?
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Old Aug 30th 2015, 10:46 pm
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Default Re: Complaint, appeal or reapply??

The online printed statement would have to be signed and stamped by the bank or accompanied by an original bank letterheaded letter confirming the account details, account balance etc.
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Old Aug 30th 2015, 11:03 pm
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Default Re: Complaint, appeal or reapply??

Having done some more reading, I don't think an administrative review applies to spousal visas. (Please correct me if I am wrong, moderators!). But, if you feel that you submitted the required documents in a manner acceptable to UKVI, then you could ask for your application to be reconsidered. Or you can appeal or reapply (making sure you send everything in its correct form).
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Old Aug 31st 2015, 6:38 am
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Default Re: Complaint, appeal or reapply??

I checked the documents we submitted and I found the mistake with the UK account statement, it was stamped but not signed. I know........
When we request for new statements, would stamp and signature enough or do we have to accompany it with letter from bank?

The term deposit account is foreign bank. I don't know yet how to fix the issue with the bank statements.

The whole visa process is so overwhelming and I know that UK account is stupid mistake but I have to look ahead , plan and act quickly. I would just really like to know what is the best option for me as I really miss my family. Would they accept the new bank statements for appeal? If I reapply, would my application be compromised because I'm no longer travelling or living with my children because they are already in UK?
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Old Aug 31st 2015, 8:00 am
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Default Re: Complaint, appeal or reapply??

I would most likely ask the bank to stamp AND sign AND attach a letter on their letterheaded paper. Just to be sure. With the foreign fixed term account, I have no idea. We submitted 6 months of 'statements' which were just small certificates accompanied by a letter stating the funds were immediately accessible and details of the account. That, like yours, was a foreign account and was accepted last year.

I do not know if they would accept new statements for an appeal. In any case, an appeal can take a long time. Reapplying may be quicker as long as you can get original documents to cover the six months. Unfortunately, as you have been refused, the application may come under more scrutiny and therefore take longer.

I do not think your application will be compromised because your family is in the UK and you are not. After all, it is because of the visa process that you are not together.
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