Administrative Review Request re:Refusal of EC-Tier 1

A shared account will be awkward, as you need to prove the finds are all available to you.

They should send all the docs back.  I don't know why they keep them.

Vicky

They should send all the docs back.  I don't know why they keep them.

We have made representations on returned docs and they should be getting back to us soon.

Otherwise, I thought you said above that an AR was a bad idea   

As a point of procedure Garry, does an AR allow the consideration of any new evidence, such as a joint account, or does it simply look at if the guidance was followed in the denial?

Also as far as the joint count is concerned, the guidance says the following and it isn't specific:

201. If the applicant wishes to rely on a joint account as evidence of available funds, he/she must be named on the account along with one or more other named individual.

As a point of procedure Garry, does an AR allow the consideration of any new evidence, such as a joint account, or does it simply look at if the guidance was followed in the denial?

An AR examines what the ECO examined and sees if the ECO broke any rules.  The introduction of new evidence can be allowed in a few cases *IF* it further defines or clarifies a point raised in the refusal, and it's very difficult to proved that it is not new evidence.

The appropriate place for new evidence is a fresh application.  That's why I was surprised at Vicky's response above.

My response was based on the possibility of using the joint statements in a fresh application, not for AR.

Vicky

My response was based on the possibility of using the joint statements in a fresh application, not for AR.

Got it       

I really appreciate your help here, thank you so much!

As far as I understand - correct me if I'm wrong as I can't see Victoria's posts and I haven't heard from Garry re:my life insurance policy-, on my AR request notice I think I'll try to explain more about my life insurance policy as it works simply as a bank deposit in my home country opposite to many other countries (Kitsonk, I understand your points but it is my only other chance that I have to try for AR). Also, I'll list the application docs I have and haven't received and ask them to send them all back.

Looking forward to hearing from you, many thanks again!

Can't see my posts?  Does she have me on 'block poster'?

Bit silly if you are going to ask questions in here!


Vicky

I'm not going to take up anything about your life insurance policy because if you cannot disclose what country it is in, then there's a shadow of dodginess over it; and I don't get involved in dodgy stuff...

I have already disclosed that my home country is TR- Turkey, please check out my previous posts above.  Since I don't have a life insurance policy here in the U.S., I didn't know that there will be major differences among countries, that's why at first I didn't understand when you asked my home country - but still I answered your question Garry, I don't think there is a shadow of dodginess or so other than using the international country code.

Sorry, I don't carry around country codes in my head.  Anyway.  There might have been an angle on your  policy that might have a whisper of a prayer of success; like a correspondent bank, or if your letter was from an organization within the FSA risk framework  or some other thing enabling you to demonstrate that it was within the rules.  But not this time.

Given all of that, I would view an AR as vexacious.

Well, I don't even think there is a glimmer of hope, the rules are "cash account", a "cash like account" is not a cash account.  I guess strictly speaking, they could refuse to accept an American Credit Union on the basis that you own shares and not cash, but maybe we don't want to put any ideas in their head.

Not to be confrontational, but arguing with us isn't going to make us change our opinion, which is what it is at the end of the day.  You are free to do whatever you wish, but trust me that UKBA is going to spend even less time considering the finer points of your policy then we have here.

I never meant to argue with any of you, I truly appreciate your thoughts/posts instead.  I have tried to give you insight about my case in details to get help from your expertise and it was very helpful.  Thank you all...