Hi guys,
I would like advice from the experts with regards to my unique case. I have applied in categories, FSW and Investor program. I enrolled under the banks investor program system, their law firm who handles their immigration portion, assures me of a success rate of 100%, with guaranteed money back if visa is not issued.
Now, on my own I have applied for the FSW program, months later, I also applied for Investor program using the banks system. They are aware of my pending FSW application and noted that it takes longer while Investor program will be quicker route.
Due to the new system under the FSW, my application is now fast tracked and is at the last stage of approval waiting for passport request. I have now asked from the bank and their lawyer for my full refund due to the withdrawal of Investor program application and below is their reply. Are they correct is saying that this is normal? Can I insist on full refund base on their verbal assurance? Any assistance will be appreciated.
"The visa office's advice in your case is similar to that of some of our other clients who had decided to hedge their bets and apply concurrently under the Skilled Worker (SW) and Investor (Inv) categories. (i.e. close to approval under one category, the visa office will request the applicant to withdraw under the other category. This is a normal procedure.)
Due to the nature of processing of SW and Inv cases worldwide, it is not possible to predict at the outset at any particular post which category will, in the end, be processed faster by the visa office. That is why you and some of our other Bank clients have made a decision to, in effect; buy "insurance" at the outset.
As for your request for a refund of your deposit, please be advised that, according to our accounting records, our law firm's various timekeepers have spent approx. $8,400 in professional time on your file ($5,000 billed from the retainer advanced by bank and approx. $3,400 in unbilled time). As we have personally met with you on a number of occasions regarding your application and our law firm staff has spent time preparing your application to the visa office, we would suggest that it would not be fair to our legal assistants, in particular, to write off all $8,400 in professional time that has been expended.
However, that having been said, we are pleased for you that the visa office is disposed to approve you under SW more expeditiously and, based on goodwill, we would suggest billing only $3,000 out of $8,400 in professional time and refunding $2,000 of the amount already billed by the bank.
As the bank still holds a balance of $5,000 as a deposit, you would, in the end, receive $7,000 back from the bank.
(We would suggest that this is a good and fair result as the great majority of other Bank clients in your position would not receive anything back, on the basis that withdrawal by the Applicant under the Inv category would be deemed to be a unilateral withdrawal by the Immigrant under the terms of the Retainer and Fee Agreement.)
Hopefully, you will agree and I look forward to your confirmation of same in order that may prepare and send to you the refund of $7,000.
It was a pleasure to be of service to you and your family."
I would like advice from the experts with regards to my unique case. I have applied in categories, FSW and Investor program. I enrolled under the banks investor program system, their law firm who handles their immigration portion, assures me of a success rate of 100%, with guaranteed money back if visa is not issued.
Now, on my own I have applied for the FSW program, months later, I also applied for Investor program using the banks system. They are aware of my pending FSW application and noted that it takes longer while Investor program will be quicker route.
Due to the new system under the FSW, my application is now fast tracked and is at the last stage of approval waiting for passport request. I have now asked from the bank and their lawyer for my full refund due to the withdrawal of Investor program application and below is their reply. Are they correct is saying that this is normal? Can I insist on full refund base on their verbal assurance? Any assistance will be appreciated.
"The visa office's advice in your case is similar to that of some of our other clients who had decided to hedge their bets and apply concurrently under the Skilled Worker (SW) and Investor (Inv) categories. (i.e. close to approval under one category, the visa office will request the applicant to withdraw under the other category. This is a normal procedure.)
Due to the nature of processing of SW and Inv cases worldwide, it is not possible to predict at the outset at any particular post which category will, in the end, be processed faster by the visa office. That is why you and some of our other Bank clients have made a decision to, in effect; buy "insurance" at the outset.
As for your request for a refund of your deposit, please be advised that, according to our accounting records, our law firm's various timekeepers have spent approx. $8,400 in professional time on your file ($5,000 billed from the retainer advanced by bank and approx. $3,400 in unbilled time). As we have personally met with you on a number of occasions regarding your application and our law firm staff has spent time preparing your application to the visa office, we would suggest that it would not be fair to our legal assistants, in particular, to write off all $8,400 in professional time that has been expended.
However, that having been said, we are pleased for you that the visa office is disposed to approve you under SW more expeditiously and, based on goodwill, we would suggest billing only $3,000 out of $8,400 in professional time and refunding $2,000 of the amount already billed by the bank.
As the bank still holds a balance of $5,000 as a deposit, you would, in the end, receive $7,000 back from the bank.
(We would suggest that this is a good and fair result as the great majority of other Bank clients in your position would not receive anything back, on the basis that withdrawal by the Applicant under the Inv category would be deemed to be a unilateral withdrawal by the Immigrant under the terms of the Retainer and Fee Agreement.)
Hopefully, you will agree and I look forward to your confirmation of same in order that may prepare and send to you the refund of $7,000.
It was a pleasure to be of service to you and your family."
