Post
by A » Fri Feb 20, 2009 2:53 pm
Hello,
I totally understand how infuriating this is for you! And I do believe, no matter what, you should indeed go through with an appeal, whether you have representation or not, because you have nothing to lose by appealing. And if you represent yourself it will not cost you anything.
Firstly, what concerns me is that you did NOT fulfill the maintenance requirement and you cannot now prove that you did either. That's the biggest concern in terms of appealing. It clearly states that you have to have 800 pounds in your account at all times over a 3-month period. I'm not saying I agree with the requirement, but I'm just saying that it is a requirement in order to get the PSW visa and you did not fulfill that requirement and I don't see how you can now prove that you do fulfill that requirement.
Secondly, re funds for a lawyer. The first thing to do is to speak to several lawyers/solicitors (it sounds like you have already spoken to at least one?) because an initial consultation with any lawyer should not cost anything. When I went through my PSW appeal, I saw about 5 diff lawyers and so gathered advice/opinions from those 5, without having to commit to any of them. It is also worth calling some of the ph nos the HO would have sent you with your rejection decision letter (I think citizens advice bureau and one other) because they can tell you of lawyers, etc in your area. For eg I went to my borough's law community centre where I could have had free representation if I wanted to. There is free legal aid out there. It's just a matter of seeing whether you are eligible for it or not. So do your research and act fast!!
I wish you the best of luck in your fight. It's going to be tough for you because if your bank account was at any time over the 3-month period below 800, then the HO will not grant you those points. I'm not saying I agree with this or think this is fair but I'm just stating the facts.
Good luck,
A.
ps - if you're London-based, send me a private msg and I can recommend some of the solicitors I spoke with when I first investigated my appeal.