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Unjust Refusal of PSW on the grounds of funds

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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dusam
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Unjust Refusal of PSW on the grounds of funds

Post by dusam » Tue Jan 20, 2009 5:09 pm

I have just received my documents back with refusal letter stating I
did not have £800 in my account during stated period(3 month).

But I have lodged proper bank statements from RBS which display at
least twice more than needed amount for me and one dependant.
I am confused, what to do? Same as my Uni adviser...
I have not been given the right to appeal and no right for
administrative review in the UK.

There is a clear mistake by caseworker who seemed ignored or
misunderstood my statements.

Who shall I complain to? How can I prove they have been wrong refusing my
application?
How do I get my visa as soon as possible?

Any chance to do that in person in Glasgow?

Thanks.

PaperPusher
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Post by PaperPusher » Tue Jan 20, 2009 5:37 pm

Was the information the right age, not too old? And did it cover 3 months? Were they full statements?

You could make a complaint, try to reason with them by letter, or reapply.

dusam
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Post by dusam » Tue Jan 20, 2009 5:55 pm

PaperPusher wrote:Was the information the right age, not too old? And did it cover 3 months? Were they full statements?

You could make a complaint, try to reason with them by letter, or reapply.
Thank you for your reply.
The statements are from 9 September to 9 December, application made on 15 December, full statements sent to me by the bank through the post, so that is fine.
But why caseworker could not see these dates or numbers, I am confused.
Yes, I can apply again, but what if they send it back to me same way with same refuse reason when my student visa expired? I will become illigal then...
And I need to pay again and again, because caseworker made a mistake...

PaperPusher
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Post by PaperPusher » Tue Jan 20, 2009 5:57 pm

When does your visa run out?

dusam
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Post by dusam » Tue Jan 20, 2009 5:59 pm

PaperPusher wrote:When does your visa run out?
31.01.2009

PaperPusher
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Post by PaperPusher » Tue Jan 20, 2009 6:31 pm

Although it is another fee, at least you get a right of appeal if your visa runs out by the time you get a decision.

How much money did you have showing?

Have you spoken to anyone at UKBA about this?

Try to speak to the team leader, be calm, polite and reasonable and have all your paperwork to hand and see what happens.

There is also the possibility of requesting that they reconsider in writing because their decision is just wrong. Or you could write a formal letter of complaint, but these two things can take time.

The only other option is a judicial review as far as I can see.

You may want to seek legal advice too.

dusam
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Post by dusam » Tue Jan 20, 2009 6:54 pm

PaperPusher wrote:Although it is another fee, at least you get a right of appeal if your visa runs out by the time you get a decision.

How much money did you have showing?

Have you spoken to anyone at UKBA about this?

Try to speak to the team leader, be calm, polite and reasonable and have all your paperwork to hand and see what happens.

There is also the possibility of requesting that they reconsider in writing because their decision is just wrong. Or you could write a formal letter of complaint, but these two things can take time.

The only other option is a judicial review as far as I can see.

You may want to seek legal advice too.
Thanks for that.
On my account the lowest figure was £3442.
Could not reach UKBA on 0870 606 7766 and some other landline numbers did not work.
I don't think they are reachable at all.
Could anyone advise any alternative phone numbers?

PaperPusher
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Post by PaperPusher » Tue Jan 20, 2009 7:06 pm

Try: 0114 207 2966

From advice about how to make a complaint

http://www.ukba.homeoffice.gov.uk/conta ... tocontact/

Or the Sheffield customer contact centre on 0114 207 4074.

http://www.ukba.homeoffice.gov.uk/worki ... p/contact/

Remember to be calm. One tactic is ask if you can speak to the team leader because you do not understand where you have gone wrong with your application.

Another question, did your bank statements have your name on them?

dusam
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Post by dusam » Tue Jan 20, 2009 7:24 pm

PaperPusher wrote:...
Another question, did your bank statements have your name on them?

Yes, all my bank statements had my full name, address, account number, branch contacts, everything.

Thank you very much for contact phone numbers.

moneypenny
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Post by moneypenny » Tue Jan 20, 2009 8:00 pm

If you are in Scotland, which I think you might be you can also contact the Relocation Advisory Service. It's free advice and I know that they have dealt with cases like yours in the past couple months.

http://www.scotlandistheplace.com/stitp ... ntent.show&

Miss sushi
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Post by Miss sushi » Tue Jan 20, 2009 8:02 pm

Which bank is it?

PaperPusher
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Post by PaperPusher » Tue Jan 20, 2009 8:06 pm

I believe it is the Royal Bank of Scotland.

dusam
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Post by dusam » Tue Jan 20, 2009 8:23 pm

PaperPusher wrote:I believe it is the Royal Bank of Scotland.
It is, I have a 'Key account' (basic account) with them.

dusam
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Post by dusam » Tue Jan 20, 2009 8:25 pm

moneypenny wrote:If you are in Scotland, which I think you might be you can also contact the Relocation Advisory Service. It's free advice and I know that they have dealt with cases like yours in the past couple months.

http://www.scotlandistheplace.com/stitp ... ntent.show&
Yes, I am in Edinburgh. Thanks, will contact them as well.

PaperPusher
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Post by PaperPusher » Tue Jan 20, 2009 9:25 pm

dusam, you can also try

http://www.cas.org.uk/

Citizens Advice Scotland - Citizens Advice are very good as far as I am concerned. This is my personal opinion only however.

They have 5 in Edinburgh.

You need to try to get UKBA to agree to opening up your case again as quickly as possible if that is what you are going for, and your visa is running out soon.

dusam
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Post by dusam » Tue Jan 20, 2009 10:32 pm

PaperPusher wrote:...
You need to try to get UKBA to agree to opening up your case again as quickly as possible if that is what you are going for, and your visa is running out soon.
Yes, I will try, but I think it will be hard task to do.

Thanks for the info.

dusam
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Post by dusam » Wed Jan 21, 2009 10:04 am

PaperPusher wrote:Try: 0114 207 2966

From advice about how to make a complaint

http://www.ukba.homeoffice.gov.uk/conta ... tocontact/

Or the Sheffield customer contact centre on 0114 207 4074.

http://www.ukba.homeoffice.gov.uk/worki ... p/contact/

Remember to be calm. One tactic is ask if you can speak to the team leader because you do not understand where you have gone wrong with your application.

Another question, did your bank statements have your name on them?
It was just a waste of time trying to speak with my caseworker(tried all the numbers, even 087..), no one will put me through, all suggestions in writing please...
No appointment slots in PEOs available for this month to submit new application in person.

PaperPusher
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Post by PaperPusher » Wed Jan 21, 2009 10:46 am

Sorry to hear that dusam

You do not have to go to the PEO. As long as you POST the application before your leave runs out you will not be an overstayer, unless you are refused and then exhaust all your appeal rights.

I suggest you post an application by special or recorded delivery and keep the receipt that the post office stamps. You will have to make sure that everything is OK with your application, because you do not want it to be regected.

Would you need new statements and will you get that in time?

What is the reason that UKBA gave for not accepting your evidence of maintenance funds?

You still have time. If they need a letter, write one. If you post it before 5 (please check) at the Post Office by guaranteed next day 9am special delivery, the caseworker should have it on their desk by lunchtime tomorrow!

dusam, keep a record of your calls & letters, you may also want to get legal advice.

You could also get the fax number of your caseworker's team and fax a copy of the letter before you post it and copy it into the complaints team, or do it the other way round address the letter to the complaints team and copy your caseworker in to it.

You could try again on the phones. Try the customer contact centre, ask them to speak to the caseworker/team leader to see if they will agree to talk to you and help you.

Regards

PP

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