PSW visa refused

[Anna-Cristy]

I have recently been refused PSW visa on the grounds that the letter from my Uni from which i have now been awarded a Masters degree didn't state the exact date of the award of the degree, just stated all my details, the details of the course and dates of study and stated that the degree will be awarded later in the month (letter dated 12 Jan 2009)...surely they could have figured out that the degree will be awarded in Jan 09? + my 3 months bank statements were always in the region of £3000 every month, apart from 1 week where my balance went down to £500. I am now seeking legal help, as have been allowed to appeal. Has anyone got any suggestions or have been in similar situation? Any advice will be much appreciated!

[A]

Anna-Christy,

First of all, I am so sorry to hear this. I have been through an appeal process myself so I fully understand the devastation you must be going through right now. But, yes, do definitely appeal! You have nothing to lose!

Right, so, you have been refused for 2 reasons it seems.

The first issue doesn't really concern me as I am confident all it will take is a new letter from your Uni which clearly states the date you will receive (or have now already received?) your Masters certificate. On that note, if you have now received the original certificate, even better, you can bring that along to the appeal hearing as well. I don't think that should be an issue to appeal.

The second issue, however, is a worry, I feel. Unfortunately for you, the HO are cut throat about maintenance funds, it seems. It clearly states that your maintenance cannot fall below 800 pounds at ANY time over the 3-month period so because yours did, I do not know how you can get out of this. This is where you are going to need legal advice, I believe, and by the sounds of it you already have legal advice? If I were you, I'd make several appointments to see several different lawyers because a first consultation with any lawyer should be free anyway and the more you see, the more ideas you will get as to how you can argue your case. But this certainly sounds like you will need a lawyer for this second issue in particular.

Good luck!
A.
ps - if you are London-based, I can recommend the lawyers I spoke to when I first got rejected.

[Anna-Cristy]

Dear A.,

Thank you for all ur comments and advice. With regards to my maintenance funds, at the time of application i did not realise that you can submit statements from more than one account, especially if they are from abroad. But i have an account in the country i come from and it never goes below £ 800, so together both accounts would be more than enough to cover that amount. Do you think they will accept it?

With regards to a lawyer that you can recomend, it will be much appreciated as i am based in London.

Many thanks

[Frontier Mole]

Given the evidence you now have you will be able to show the IJ that you could have met the maintance requirement given your overseas account.

The problem to overcome will be the lack of award certificate. That was and could not have been avaialble at the time you applied, it is now ( I am assuming now awarded?)

The question the IJ will have to consider is it reasonable to accept the award certificate and the proof of maintainance at the date of the hearing. I think you will find it will go in your favour.

Having a lawyer will not add to your case. It is purely evidenced based. If you can show that your funds avaialable to you were always at least £800 then you have met the requirement.

The award certificate is either avaialble to you or not.

It is that simple - you are not getting anything out of having a lawyer to present the case. He can explain the same paperwork no better than you.

[Diokpa]

Given the evidence you now have you will be able to show the IJ that you could have met the maintance requirement given your overseas account.

The problem to overcome will be the lack of award certificate. That was and could not have been avaialble at the time you applied, it is now ( I am assuming now awarded?)

The question the IJ will have to consider is it reasonable to accept the award certificate and the proof of maintainance at the date of the hearing. I think you will find it will go in your favour.

Having a lawyer will not add to your case. It is purely evidenced based. If you can show that your funds avaialable to you were always at least £800 then you have met the requirement.

The award certificate is either avaialble to you or not.

It is that simple - you are not getting anything out of having a lawyer to present the case. He can explain the same paperwork no better than you.

I couldn't have said it any better myself. No one can actually present your case better than yourself since it's not complicated. Good Luck.

[Anna-Cristy]

Thank you all for your comments! I am currently consulting an immigration advisor on what would be the best course of action in my case. Will keep you posted. Thanks

[dung_a82]

I am in the same position as you. Please keep in touch, would you?