2

My wife's and child's visa for UK tier-2 dependent was refused.

  1. The reason for the refusal of my wife's visa: in the bank statement and in the passport only one letter was different, e.g. wifename myname, wifename myXname. X is the letter which was inserted in my bank statement. So the visa officer thinks they are belonging to different persons.

  2. My child's visa was refused because my wife doesn't have a valid visa.

In this case can I apply for administrative review, or should I go for new application? How can I claim that the names are belonging to the same person?

Thanks in advance.

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  • 2
    It might be easier to answer this question if we understood the reason for the extra letter on the bank statement. – phoog Jun 24 '15 at 19:03
  • Seems I cant add any additional evidence to support the visa process. :( – user570593 Jun 25 '15 at 9:15
  • Flagged for Expats migration. – JoErNanO Jun 25 '15 at 14:35
4

Normally we need to see the text of the refusal notice in order to help, but T2 refusals are much more straight-forward and do not have the nuances of visitor applications.

Tier 2 applications that have been refused are eligible for administrative review. The controlling reference point is HC 1025, which was passed into law last year.

Without putting you through the rigmarole of reading HC 1025, here's a summary in layman's terms...

Administrative review has been available to correct case-working errors in certain Tier 4 (student) decisions since 20 October 2014. From 2 March 2015 it will be available for decisions on Points-based System applications where the application (as opposed to the decision) was made on or after that date. From 6 April 2015 administrative review will be available for all decisions under the Immigration Rules where there is no longer a right of appeal.

The Immigration Rules describe the procedure to make a valid application for administrative review. The Home Office must give written notice that a decision has been made which is eligible for administrative review, along with a statement of reasons for the decision, and information on how to apply for an administrative review.

An application for administrative review must be made in accordance with the requirements set out in the Immigration Rules. If it is not, it will be invalid and will not be considered. Where a person is not detained, the deadline for making a request for administrative review is no more than 14 calendar days (seven days for a person in detention) after receipt of the notice of the eligible decision. A fee of £80 must be paid. If the outcome of the administrative review is that the decision on the original application is withdrawn and leave is granted, the Home Office will refund the fee. The fee will also be refunded if the administrative review application is rejected as invalid.

Source: Immigration Law Practitioners' Association Briefing

Based upon what you wrote, you would need to prove the refusal was a case-working error (or that they failed to provide evidential flexibility) and this may be difficult.

If you decide to go forward, you will need to file for two separate reviews (80 + 80 = 160 total) and you'll need for both to be successful. If one is successful and the other is not, then the person without the visa will have to apply again starting from square 1.

Alternatively, you can file a review for your child and make a fresh application for your wife, or vice-versa. Or make two fresh applications. Nobody, not even a qualified lawyer, can tell you which course of action is better; it's a choice governed entirely by circumstantial practicalities.

For your last question, about how to prove that the bank made an error, you need to show something that the second name is a lawful and recognized alias for you, or you can try to get the bank to change your name and reissue all of the previous statements with the correct spelling. Again, neither of these is better or worse than the other one when it comes to ECO's.

  • Thank you very much for your comments. It is mentioned in the letter that I cant submit any additional evidence to support my application in the review process. I can easily get a letter from the bank saying that both names are from the same person, however according to the refusal letter this may be an additional evidence. In that case what can I do? – user570593 Jun 26 '15 at 12:35
  • Your choice on that one. It costs GBP 80 to gamble on the strength of them agreeing it's a clerical error. I do not think it is, but it's your call. Otherwise you should make a fresh application. – Gayot Fow Jun 26 '15 at 14:24
  • @user570593, no need for thanks, please read stackoverflow.com/help/someone-answers – Gayot Fow Jun 26 '15 at 14:25

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