working while PSW appeal/ what a reason to reject!!!

[jack199]

Hi Koolbone thanks a lot for the reply. If you dont mind can you tell me what was your refusal? only if you feel comfortable about telling me, otherwise its ok, you have given me quite a bit info which i needed to know, thanks a lot. My refusal is stupid as well i dont know whats gona happen. Again thanks a lot.

[koolbone]

Hi Koolbone thanks a lot for the reply. If you dont mind can you tell me what was your refusal? only if you feel comfortable about telling me, otherwise its ok, you have given me quite a bit info which i needed to know, thanks a lot. My refusal is stupid as well i dont know whats gona happen. Again thanks a lot.

Glad to be of help.
I applied for the PSW first week of Sep 2008, immediately I received my dissertation results. My student visa was set to expire end of Oct.

By the time I applied, it was before my graduation so my certificate was not ready yet. In accordance with the HO guidelines, I sent a Uni letter containing all the required info as stated on the HO website. In addition, the letter also included a breakdown of all my results and a line that said I had passed my course with a distinction subject to approval by the external board.

I was refused because of this line. The stupid case worker claimed not being able to determine whether or not I had been awarded my degree because of the approval required, as if the external board would refuse to award me my distinction. I got this refusal after more than 3months of waiting for the decision on my application. In this time, I had done my graduation and obtained my certificate. If the HO wanted to confirm if I had been awarded my degree, a call to my Uni or a request for further documentation from me would have sufficed. Imagine waiting for so long only to be refused over something so minor.

I appealed the decision and submitted my Uni certificate as well as other documents confirming I had passed with a distinction. The judge in her written determination said with the new supporting documents I had submitted, it was plainly obvious that I satisfied the immigration rules for the award of the PSW and she allowed my appeal.

I've gone through the reason u were refused again. It's quite ridiculous. You should win your appeal since it's obvious the mistake was from the HO end. Your school financial statement was confused for your bank statements (how dumb can they get?, when the school statements would have had the school logo on it ). You'll probably get the determination on the hearing day because it's that clear cut.

Just make sure you submit your appeal on time (if you haven't done that yet) and clearly explain the mistake the caseworker made and you should be fine.

I understand that you're worried. I was too but these kind of things only make us stronger. I'm confident your appeal will be allowed.

All the best, keep us posted because who knows, it could help anyone else who could be having a similar problem to yours.

[jack199]

Thanksa lot mate

[jack199]

Thanksa lot mate

[jack199]

Koolbone when did u send ur passport after the appeal and during that time if ur employer needs any documents to confirm that you are allowed to work while waiting for the HO to send the passport back, which doc do you show them?

Thanks in advance

[koolbone]

Koolbone when did u send ur passport after the appeal and during that time if ur employer needs any documents to confirm that you are allowed to work while waiting for the HO to send the passport back, which doc do you show them?

Thanks in advance

I'm still waiting for the call-up letter from the HO requesting for me to submit my passport.

[jack199]

Koolbone when did u send ur passport after the appeal and during that time if ur employer needs any documents to confirm that you are allowed to work while waiting for the HO to send the passport back, which doc do you show them?

Thanks in advance

I'm still waiting for the call-up letter from the HO requesting for me to submit my passport.

when did u win the appeal?

[koolbone]

The hearing was on the 9th of February. I got the determination a week later

[jack199]

Thanks a lot. I dont know what my chances are for winning, what do you think guys providing i show to the judge that the case worker made an error, and i had way above £800 all the time in my bank which i did.

i have got a letter from the uni now which says that "the statement which he thought was my bank statement is actually my fees statement which show that i have paid my full fees" do you think if i show that letter and my FULL 3 months bank statements, which clearly shows that the balance did not drop below £800 to the immigration Judge he will convinced?

The only thing i am worried about it that if they can come up with some other point, which they haven't covered in the rejection letter. Can they do that?

Thanks in advance

[jack199]

Thanks a lot. I dont know what my chances are for winning, what do you think guys providing i show to the judge that the case worker made an error, and i had way above £800 all the time in my bank which i did.

i have got a letter from the uni now which says that "the statement which he thought was my bank statement is actually my fees statement which show that i have paid my full fees" do you think if i show that letter and my FULL 3 months bank statements, which clearly shows that the balance did not drop below £800 to the immigration Judge he will convinced?

The only thing i am worried about it that if they can come up with some other point, which they haven't covered in the rejection letter. Can they do that?

Thanks in advance

[jack199]

Does anybody know what this witness ststement is which AIT is saying you have to send? Could you also tell me what do you have to say in that witness statement? Is that Oral or written?

Thanks in advance

[pure_soul]

Does anybody know what this witness ststement is which AIT is saying you have to send? Could you also tell me what do you have to say in that witness statement? Is that Oral or written?
Thanks in advance

A letter from your bank confirming that balance has never dropped below £800 during the concerned 3 months. Your case will be rock solid with the letter you have from uni and this bank letter. No judge can refuse you. You can jst walk in without any solicitor. Easy fezy lemon squeezy....

Cheers

[jack199]

Does anybody know what this witness ststement is which AIT is saying you have to send? Could you also tell me what do you have to say in that witness statement? Is that Oral or written?
Thanks in advance

A letter from your bank confirming that balance has never dropped below £800 during the concerned 3 months. Your case will be rock solid with the letter you have from uni and this bank letter. No judge can refuse you. You can jst walk in without any solicitor. Easy fezy lemon squeezy....

Cheers

Thanks a lot Pure_Soul i hope this will happen in the hearing, i have already got the letter from the uni and from the bank confirming the rejection points. I hope that HO now don't come up with some other excuse!

[koolbone]

A witness statement is a formal document written by you (or your solicitor) to provide written evidence to support your appeal which could be used as evidence during the appeal. I've sent you a PM of an example which could help you. All the best

[jack199]

A witness statement is a formal document written by you (or your solicitor) to provide written evidence to support your appeal which could be used as evidence during the appeal. I've sent you a PM of an example which could help you. All the best

Thanks a lot mate.

[jack199]

Guys need advice

It says in the AIT appeal that the Respondent (HO Rep) must sent copies of all documents to Appellant. and the Appellant must send to Respondent (HO Rep at the given address).

I am waiting since last week to get a reply i.e. photocopies of documents (i assume these are those documents which would say why they refused my initial application) from HO Rep.
Do you know the time scale when will i get those, or whether i will get it or my solicitor? My solicitor is wating for those so he can see what exactly the rejection they are going to send (if any different from the orignal) and then he will send copies of my documents with a prepared case (Witness statement) to HO Rep and AIT at the given address. Do you think its worthwhile waiting for that of can i just send mine first (5 days prior to the hearing date)? what would you suggest? Thanks in advance

[jack199]

Guys need advice

It says in the AIT appeal that the Respondent (HO Rep) must sent copies of all documents to Appellant. and the Appellant must send to Respondent (HO Rep at the given address).

I am waiting since last week to get a reply i.e. photocopies of documents (i assume these are those documents which would say why they refused my initial application) from HO Rep.
Do you know the time scale when will i get those, or whether i will get it or my solicitor? My solicitor is wating for those so he can see what exactly the rejection they are going to send (if any different from the orignal) and then he will send copies of my documents with a prepared case (Witness statement) to HO Rep and AIT at the given address. Do you think its worthwhile waiting for that of can i just send mine first (5 days prior to the hearing date)? what would you suggest? Thanks in advance

[koolbone]

Guys need advice

It says in the AIT appeal that the Respondent (HO Rep) must sent copies of all documents to Appellant. and the Appellant must send to Respondent (HO Rep at the given address).

I am waiting since last week to get a reply i.e. photocopies of documents (i assume these are those documents which would say why they refused my initial application) from HO Rep.
Do you know the time scale when will i get those, or whether i will get it or my solicitor? My solicitor is wating for those so he can see what exactly the rejection they are going to send (if any different from the orignal) and then he will send copies of my documents with a prepared case (Witness statement) to HO Rep and AIT at the given address. Do you think its worthwhile waiting for that of can i just send mine first (5 days prior to the hearing date)? what would you suggest? Thanks in advance

You're right. The documents the HO will send will essentially be what they based their refusal on. If the HO are going to send any documents, both you and your solicitor will be copied. The most important thing is for your own appeal bundle to get to the AIT and the HO Rep at least 5 days before the hearing date. If the HO don't send theirs on time, that's their problem, not yours (me thinks they really don't have anything to say, lol).
Just focus on getting your bundle sent before the hearing date.

[jack199]

Does anybody know the HO Representative Unit, which represent HO in Appeals, are they actual Solocitors/Lawyers or only Trained personals by the HO in immigration?

Does anybody knows the answer to this!!!!

[koolbone]

Does anybody know the HO Representative Unit, which represent HO in Appeals, are they actual Solocitors/Lawyers or only Trained personals by the HO in immigration?

Does anybody knows the answer to this!!!!

I've already sent you a PM to answer this question. But for anyone else who may want to know:

The HO representatives in an appeal are known as Home Office Presenting Officers (HOPO). They are highly trained civil servants who are well versed in UK immigration laws. I mean, some of these guys are very very good.
However, in some extreme cases, the HO could use a barrister from the Treasury Solicitor's Department (TSol) to represent them.

[jack199]

Has anybody on this forum WON an AIT appeal based on the Maintainance Funds?

[jack199]

Has anybody on this forum WON an AIT appeal based on the Maintainance Funds?

[hoopsy]

Hi all,

can anyone send the link of the immigration rules where it says one can work full time while appeal is in progress (for psw, tier1)? thank you

This is an excerpt. U can get he link from immigration rules website.

This is an extract from section 118 of the National, Immigration and Asylum Act 2002:

-------------------------------------------------------------------------------------
118 Leave pending decision on variation application
The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on application for variation)—
“3C Continuation of leave pending variation decision
(1) This section applies if—
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b) the application for variation is made before the leave expires, and
(c) the leave expires without the application for variation having been decided.

(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn,
(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c) an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).
(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.
(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.

[A]

You do ask alot of questions jackie without thanking the replies so far! This is a voluntary board and everyone is taking time out of their lives to reply to you... we are glad to do so, but please show some courtesy, and please do not double post if you don't get a reply within 20 minutes.

I believe all the information you need to make an appeal should be in the letter when they sent back your application to you.

Noone can tell you your chances, but it seems very likely your's is a clearcut case, as mentioned already... so please read replies first before asking again.

In response to question 2, its up to you... weigh the costs vs the benefits.

In response to question 6, you need to send the originals always.

In response to question 7, they can of course reject again, but doesn't seem likely given your case.

In response to question 8, I would expect no shorter than 3 weeks, and no longer than 8 weeks.

With regards to question 6, I did NOT send originals in my appeal documents nor in my bundle - this was on the advice of my lawyer. This was totally fine. I had no problems. From memory, I do not recall it actually saying on the appeal forms that you had to send originals anyway.

Regarding question 8, I can only answer with my own situation, which is that my hearing was 12th Jan - it was allowed - I received my determination 20th Jan, and since then I've heard nothing, so I dare say, it looks like longer than 8 weeks for me, so just be prepared for this.

Also JACK - with regards to working during your appeal process, obviously it's already been cleared up that you are working on student status until you receive your visa, but the 20hr thing is not so clear. I've had different answers from different ppl at HO about this. Basically, once you've graduated you CAN work full-time (as you can during term holidays), although I was told not beyond 4 months after you've graduated. However, another HO worker told me you must work only 20hrs a week after graduating. And yet another worker told me you cannot work at all until HO has issued you with a new visa (this is utter rubbish btw)!! So there you go... Unfortunately, I can't seem to find any written evidence to prove which one of the above is true! Hence, I've been sticking to the 20hrs per week rule to be safe.

Good luck!
A.

[jack199]

You do ask alot of questions jackie without thanking the replies so far! This is a voluntary board and everyone is taking time out of their lives to reply to you... we are glad to do so, but please show some courtesy, and please do not double post if you don't get a reply within 20 minutes.

I believe all the information you need to make an appeal should be in the letter when they sent back your application to you.

Noone can tell you your chances, but it seems very likely your's is a clearcut case, as mentioned already... so please read replies first before asking again.

In response to question 2, its up to you... weigh the costs vs the benefits.

In response to question 6, you need to send the originals always.

In response to question 7, they can of course reject again, but doesn't seem likely given your case.

In response to question 8, I would expect no shorter than 3 weeks, and no longer than 8 weeks.

With regards to question 6, I did NOT send originals in my appeal documents nor in my bundle - this was on the advice of my lawyer. This was totally fine. I had no problems. From memory, I do not recall it actually saying on the appeal forms that you had to send originals anyway.

Regarding question 8, I can only answer with my own situation, which is that my hearing was 12th Jan - it was allowed - I received my determination 20th Jan, and since then I've heard nothing, so I dare say, it looks like longer than 8 weeks for me, so just be prepared for this.

Also JACK - with regards to working during your appeal process, obviously it's already been cleared up that you are working on student status until you receive your visa, but the 20hr thing is not so clear. I've had different answers from different ppl at HO about this. Basically, once you've graduated you CAN work full-time (as you can during term holidays), although I was told not beyond 4 months after you've graduated. However, another HO worker told me you must work only 20hrs a week after graduating. And yet another worker told me you cannot work at all until HO has issued you with a new visa (this is utter rubbish btw)!! So there you go... Unfortunately, I can't seem to find any written evidence to prove which one of the above is true! Hence, I've been sticking to the 20hrs per week rule to be safe.

Good luck!
A.

But lets say that your appeal is allowed then can you work full time? while you wait for the HO call in letter/passport, which takes AGES.!!! what's the answer to this???