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Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Dear All I have a Tier 2 visa and I have applied for a Tier

Resolved Question:

Dear All
I have a Tier 2 visa and I have applied for a Tier 2 visa for my wife and 2 kids. Unfortunately it was rejected as the bank statement (which shows that I have more than the minimal money requirement for them to join) was issued from 10/5/2016 to 5/8/2016 and I applied on 16/8/2016 and they said it was rejected because the statement was only for 86 days rather than 90 days.
They said I can apply for an administrative review of the case.
I can provide another statement even from 1/4/2016 to prove that I had the money in my account even more than 90 days.
My question is:
Do you think this administrative review will work or do I really need to make a new application and pay another 1900 GBP as they might say this is new documents and thus you need to make a new application?
Thank you so much
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
Dear all
No one has answered my question from yesterday yet.
Expert:  Buachaill replied 10 months ago.

1. Dear Goda, you really should go down the Administrative Review route and file what is effectively an appeal in the matter. The number of days which the statement didn't cover is only 4 days. Under the de minimis test you can argue that the error was so slight it ought not to have made any difference to the decision maker in reaching their decision.

Expert:  Buachaill replied 10 months ago.

2. Ultimately, the need to file a bank statement is to prove adequate financial resources to support your dependents whilst you live and work in the UK on a Tier 2 visa. As Tier 2 visas have to have an minimum level of income, you already had to show you had significant financial income to get the visa. FAiling to show 4 days bank statements makes a mockery of the financial resources test.

Expert:  Buachaill replied 10 months ago.

3. Additionally, there is the argument that Article 8 of the European Convention on Human Rights and the Human Rights Act gives the right to a family. Preventing you from bringing your family to the UK based on a missing four days bank statements makes a mockery of the guarantee of family life.

Expert:  Buachaill replied 10 months ago.

4. So you should really challenge the decision by way of Administrative Review and argue on the basis of the legal principles of Proportionality, irrationality and Article 8.

Expert:  Buachaill replied 10 months ago.

5. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 10 months ago.
Thank you for your advise.
I want to send another bank statement dated before the last one to proof that I had the money in my account for more than the 90 days as well as your advise but they say don't put any new documents and if you want to put new documents then make a new application and pay a new fees.
Customer: replied 10 months ago.
Can I send the administrative review from here in the UK to them by post instead of my wife or does it need to be sent by my wife from my country.
Customer: replied 10 months ago.
They didn't mention that they need us to send the passport again, they only said to send the administrative form by mail or fax or email. But in that case if they agree, how will they give me the visa without the passport.
Do I need to send the passport then?
Thank you
Expert:  Buachaill replied 10 months ago.

6. You should sent the Administrative Review from the Uk, not from the country where your wife is. Be aware it would be helpful if you had a lawyer, such as an immigration solicitor help you with it. Secondly, you don't need to send your passport with the Administrative Review. This is because any visa would be stamped on the passport of your wife and children, not on your passport.

Expert:  Buachaill replied 10 months ago.

7. Additionally, administrative review is simply a review of the decision on the same documents. They don't allow you to submit additional documents such as a bank statement which includes the 90 day period. So, you will have to leave that out.

Customer: replied 10 months ago.
I meant does my wife need to send her passport or not. As they said that she can send the administrative review by mail or email or fax, They didn't say anything about sending her passport back to them. But in that case if they agree, then how will they give her the visa without her passport being sent.
Thank you
Customer: replied 10 months ago.
She applied for the visa from Egypt, so does the administrative review need to be sent from Egypt by mail or can I send it from here instead of her by mail.
Expert:  Buachaill replied 10 months ago.

8. I repeat that you don't send your wife's passport before the Administrative Review is heard. it is presumptious and foolish to send a passport before the case has been heard. Secondly, send the Administrative Review from the UK where you can get a lawyer to handle it. Not from Egypt where they don't know the fine nuances of English immigration law.

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