PSW Refusal

[aruvi_j]

Hi,

I had my PSW Transitional arrangement VISA refused on the 27th Feb 2009 (Applied on 19th Jan 2009). Intially i was having IGS VISA and then i applied for my PSW Transitional VISA.
My VISA has been refused saying that, i haven't produced 3 months complete bank statements. That is true, because i couldn't submit my last 4 days bank statements. The reason behind this is, my bank sent the bank statements and it has been delayed by the Postal service. since i am working in reputed company (full time) for a reasonalbe salary, i kept my payslips (oct - jan) to cover the last 3 days. But HO just refused it saying i couldn't show the proof of fund for the full 3 months period and gave me a Right to appeal form.
Now i have filled my refusal through a solicitor on 3rd of march 09(service date starts from 03/03/09 and deadline to appeal 17/03/09), who is charging me a resonable amount of fee to do this.

Questions:

1) How Easy will be this case to win? (I have more than £800 in my account from October to till date and also £550 approximately from October to till date in my wife's account)

2) what is the time frame on these type of case to get a decision? (if you could give me a time frame on each step that will be appreciated)

3)will i be able to continue to my employment until i get my decision on my VISA?

4) What are the Negative sides on this case?

Thanks
Aruvi_j

[koolbone]

1) If you had at least £800 in your account for the 3 month period, you stand a pretty good chance of winning your appeal.

2) Time frame for in-country appeals:
You get the notice of the pending appeal shortly after submitting the appeal documents. You will get a letter from the HO which will tell you when the hearing date will be. This hearing date is normally fixed to be within 4 weeks after submitting your appeal documents. After the hearing, you will receive the determination on the appeal within 2 weeks. After receiving the determination, if successful (appeal allowed), the HO has 5 working days to challenge the decision if they claim the immigration judge made an error in law in the decision. Likewise, if unsuccessful (appeal refused) you could challenge the decision by way of reconsideration within 5 days, if you feel the judge made an error in law in passing the original determination of the appeal.
After the deadline for reconsideration has passed and the HO doesn't challenge the decision, then congratulations. You then have to wait for a call-in letter which will ask you to submit your passport for endorsement with the visa. The problem is there is no set timeline to receive this letter. You just have to wait. Some people received theirs in 6 weeks, some have been waiting for longer or shorter periods before receiving theirs. After submitting your passport, you then have to wait again for it to be returned back to you with the PSW stamp. I do not know how long that might take.
So, the whole appeal process requires a lot of patience.

3) Provided you submitted your appeal before the deadline expired, your existing leave is treated as 'continuing' while the appeal is being considered. So, you can continue working.

4) Negative sides??? Well, I don't know. The most important thing to note is that you must not forget to state any refusal on future applications for entry clearance or leave to remain.

All the best.

[pradeep_s]

Hello mate,

it the same case for me and wife also. but i did not have sufficient funds for 1st 10-day's. i thought if i show that i have sufficient balance on the end of the month that would be fine but unfortunately i got refusal. so i had been to an IAS advisor today she gave me some advice. can you help me out with some information please. can you give me the details of your solicitor please, or can you mail me the appeal letter. or can you please give me your contact details so that i can get some information from you. it would be great help if you could help me on this as i have a deadline on 24/03/09. can you please send your details to
mpradeep_s@yahoo.co.uk or mpradeep_850@yahoo.co.uk
Will be waiting for your mail.