Lawyer asked me more money without any reason!!!!!!!!!!!!!!

heman · Post by **heman** » Sat Mar 14, 2009 12:14 am

HI,I have applied for PSW on 25th of Janauary 2009. I was a student before. My current visa expired on 28st of January 2009. But I got refusal letter on 8th of March because there was not sufficient funds(less than 800GBP) available in my a/c for the period of 1 week. I got 85 marks in total but got 0 points for maintenance(funds) which is a must thing.

So my question is if I can reapply for PSW as I have 3 months' banks statements to prove that I have more than 800 pounds last 3 months

or should I appeal against the decision if I am not allowed to reapply as my current visa expired in January? my appeal deadline is 22th of March 2009.

please let me know. thank you so much for your help

Diokpa · Post by **Diokpa** » Sat Mar 14, 2009 8:19 am

I would say appeal and hope for the best, you might get a lenient judge and since you have had the money in your account for more than 3 months now. You stand a good chance at appeal. Good luck.

heman · Post by **heman** » Sat Mar 14, 2009 10:54 am

Thank you so much for your reply. What exactly has happened is that I have 800 pounds in my a/c since 25th of October 2009 that is why i have applied on 25th of January 2009. But they counted from 10th of Oct 2009 to 10th of January 2009 (may be because the date I have given along with the signature was 13th of January 2009- the biggest mistake of my life), but i had less than 800 pounds during 10th of oct 2009 to 13th of october that is why they refused to issue me a visa,
now if i appeal saying that i have actually applied on 25th of Jan 2009, the date i have given along with my signature was an honest mistake or something like that, do u think i'll win the case please?
btw if i appeal will they consider this case based on the bank statements that I have submitted then(october- january) or the new bank statements(January - March) that I am going to show them plz?

heman · Post by **heman** » Sun Mar 15, 2009 12:16 am

I have got a lawyer and he told me that there is nothing to be worried
To be honest guys, if anyone is going to appeal against the HO decision, it is better to get a lawyer caz they know what exactly has to be done. but choose the college by yourself or take help from ur friends when you are making a fresh application...........

khan11 · Post by **khan11** » Tue Mar 17, 2009 8:59 pm

I have the same problem mate, same months , same visa expiray time. I have another bank statement for the same time period but I still fall short of two days.

According to the Policy Guidence:

"The purpose of the Maintenance funds requirement is to check if an individual has sufficient funds to support his/herself without accessing the public funds". Since you are proving you have more than 800 in the past three days though not at the time of application but you have all the time even till the current date you will be standing in the court. Really truly if the judge isn't mad He will accept your appeal.

heman · Post by **heman** » Tue Mar 17, 2009 9:17 pm

btw if some1 wins an appeal and gets a visa, they will start counting two years from the time he/she applied for visa or from when the visa will be actually issued??? any1 plzz

bkpatel83 · Post by **bkpatel83** » Fri Mar 20, 2009 3:14 pm

i got also rejection in my PSW visabecause i was short of 3o pound in my 800 pound balance in 3 month. i got right to appeal. but on other hand i got indian bank account where i got 250 pounf for 5 month that indian bank statment i did not put in my PSW application due to ignorance. can i appeal on basis of my indian bank statement where i have 250 pound for last 5 month and here in uk bank i have also more than 1000 pound for last 4 mont except that 3 days from 7 nov to 10 nov. by combining indian bank account and uk bank account i have been maintainning more than 100 pound from last 5 month. so my question is can i make my ground of appeal on basis of indian bank account, which i forgot to show in my PSW application , my visa is already expire on 31 jan 2009. thanks lot

heman · Post by **heman** » Fri Mar 20, 2009 7:31 pm

as far as i know they will count 3 months based on the application that u have submitted. but if its indian bank a/c then is it in ur name? if so then atleast u can try with that, i am not sure if it will work as its outside of uk, only lawyers know about that..sorry mate
but its good that have more than 800 since the incident.
if ur visa expired then all u can do in uk, is to appeal and wait for it. But, I would suggest u to get a good lawyer at this point.

heman · Post by **heman** » Fri Mar 20, 2009 7:33 pm

can anyone please tell me what exactly happens when u submit an appeal form

heman · Post by **heman** » Fri Mar 20, 2009 7:48 pm

i mean when will be the hearing as I appealed on 17th march? where will it be at? do i need to pay any money if i win the case?

jack199 · Post by **jack199** » Fri Mar 20, 2009 8:07 pm

heman wrote:i mean when will be the hearing as I appealed on 17th march? where will it be at? do i need to pay any money if i win the case?

Hi there You will get a reply from AIT within a week or so that will give you the hearing date, Time and Place where the hearing will take place. In the Appeal confirmation letter AIT will advise you to photocopy all the relevent documents and send them to AIT and HO Rep Unit (Address will be there in the letter) with a witness statement. Take orignals to the hearing.

Follow the link for the hearing centres details

http://www.ait.gov.uk/HearingCentres/hearingCentres.htm

If you have a solicitor then you only have to pay him, i dont think you have to pay anything to AIT.

Hope that helps

All the best mate

heman · Post by **heman** » Fri Mar 20, 2009 9:43 pm

thnk u so much mate. that was very helpful indeed. btw what do u mean by witeness statement?? how long will The judge take to decide on average please- i mean at that day how long will i have 2 be there?

heman · Post by **heman** » Fri Mar 27, 2009 2:53 am

ive got a letter today from HO for my hearing date
what is witness statement of the evidence plz
and do i need to send copies of all the documents including my certificate, IELTS score, bank statements everything plz?
plz let me know.many thnkx

heman · Post by **heman** » Sun Mar 29, 2009 12:26 am

What can I say, my situation is getting worse day by day
what happened I hired a lawyer. On the first day, I have asked him how much will they charge me if I need a lawyer then he told me 350GBP and i paid straight way. last week they sent me a letter stating that I have to pay 950gbp more !!!!! it is like i have paid 350 gbp only to fill up the form for the appeal!!!! I dont have 950 gbp so i cant pay that that means I cant get his help , i dont know what i am going to do. I did not know that the lawyers are sooooo greedyyyyy.

plz can any one plz tell me what witness statement is, how can I write this kind of statement-letter when there is no witness!!!
they have asked me for a paginated and indexed bundle of all documents that means i have to send only the copies of bank statements or everything plzzzzz. My hearing date is 27th of april. just 3 weeks from now

I'll very grateful to you do.many thanks

picolla · Post by **picolla** » Sun Mar 29, 2009 2:23 am

heman wrote:What can I say, my situation is getting worse day by day
what happened I hired a lawyer. On the first day, I have asked him how much will they charge me if I need a lawyer then he told me 350GBP and i paid straight way. last week they sent me a letter stating that I have to pay 950gbp more !!!!! it is like i have paid 350 gbp only to fill up the form for the appeal!!!! I dont have 950 gbp so i cant pay that that means I cant get his help , i dont know what i am going to do. I did not know that the lawyers are sooooo greedyyyyy.

plz can any one plz tell me what witness statement is, how can I write this kind of statement-letter when there is no witness!!!
they have asked me for a paginated and indexed bundle of all documents that means i have to send only the copies of bank statements or everything plzzzzz. My hearing date is 27th of april. just 3 weeks from now

I'll very grateful to you do.many thanks

Don't worry, bro. witness statement is very easy. solicitors or barrister useless, they only ask for money. what i have seen in my case. no seriousness, no sincerety.

i just give u some clue ..........it's like start with.......

In the asylum and immigration tribunal
0222/2009 (ref. no. if u like to put any, though solicitor give their ref. no.)
Between

HEMAN (THE APPEALLANT)

V

The Secretary of State for the Home Department
(The Respondent)

APPELLANT'S WITNESS STATEMENT

1. Mr. Heman, born 10 Sep. 1982 of (ur address) confirm that this witness statement will stand as my evidence in chief at my appeal hearing before an immigration judge on 22 oct 2009 at .......

now write ur history like when did u come to uk. what did u do till this time and now what r u doing.

luv luv luv

at the end.

This statement is true and accurate.

signed

date.

just like this

Diokpa · Post by **Diokpa** » Sun Mar 29, 2009 11:16 am

heman wrote:What can I say, my situation is getting worse day by day
what happened I hired a lawyer. On the first day, I have asked him how much will they charge me if I need a lawyer then he told me 350GBP and i paid straight way. last week they sent me a letter stating that I have to pay 950gbp more !!!!! it is like i have paid 350 gbp only to fill up the form for the appeal!!!! I dont have 950 gbp so i cant pay that that means I cant get his help , i dont know what i am going to do. I did not know that the lawyers are sooooo greedyyyyy.

plz can any one plz tell me what witness statement is, how can I write this kind of statement-letter when there is no witness!!!
they have asked me for a paginated and indexed bundle of all documents that means i have to send only the copies of bank statements or everything plzzzzz. My hearing date is 27th of april. just 3 weeks from now

I'll very grateful to you do.many thanks

Must be really stressful for you right now but you just have to keep a clear head. Did you not sign any agreement with them when you retained them as your legal counsel? I think you can go back to any agreement you singed to see what it says because they can't just throw any amount to you unless it's actually part of your agreement.

But like picolla said, a witness statement is pretty easy and it is just more of a letter stating the facts about your immigration history and what you have done till date, then reasons why they should let you stay( on the day of my hearing, a student said she wanted to stay to work in a chinese restaurant and the judge took off his glasses and told her in a not so nice way that why would she work in a restaurant with a masters degree from university of london and when he told her he would let her know his decision in 2 weeks, you could almost sense what that decision would be), and my point here is that you should be convincing and put your plans down on paper to convince them to let you have that visa...please don't go there with the notion that it's you right to have it or else you'll make mistakes and those judges are not ones to be toyed with. All the best and good luck with your appeal.

heman · Post by **heman** » Mon Mar 30, 2009 3:03 am

thnk u so much. I am really grateful to you all for your kind help.

about the source of money, If I say it has been sent by my father to me but i dont have any document then what?? is it legal if some1 brings it with him from my home country to here.

about my job, if I say i have a job. do i need to explain how much i earn or how many hours i do every week even though i am not a student.plz plz let me know.

Btw can you please tell me any web link where i can get sample copies or does any1 have any copy of witness statement which will help me to write my letter please let me know. I dont want to make any mistake at this point that is why i am asking pleasee.
many thnkx. cheers

heman · Post by **heman** » Tue Mar 31, 2009 3:01 am

some one told me today that the appeal form the lawyer sent to the court for a hearing is very important because i need to know the ground to appeal against the law. but i do know my situation and the reason for appealing. but i dont know exactly what the lawyer has written in the form. If I dont know about it and go to the court on the hearing day, does any one think that will be stupid??

can i ask the court for a copy if I change my representative?

plz can any1 help me with thiss plz.many thanks again

heman · Post by **heman** » Tue Mar 31, 2009 3:11 am

does anyone from this forum, had a hearing very recently?

picolla · Post by **picolla** » Tue Mar 31, 2009 5:43 am

[quote="heman"]some one told me today that the appeal form the lawyer sent to the court for a hearing is very important because i need to know the ground to appeal against the law. but i do know my situation and the reason for appealing. but i dont know exactly what the lawyer has written in the form. If I dont know about it and go to the court on the hearing day, does any one think that will be stupid??

can i ask the court for a copy if I change my representative?

plz can any1 help me with thiss plz.many thanks again[/quote

u can ask it from ur lawer. they have got copy of it. better go and ask from ur lawer. if u want to change representative, u need to inform AIT and HO.

heman · Post by **heman** » Mon Jun 29, 2009 12:37 am

Finally my appeal is alloweddddddddddddddd
many thanks to every one of you
You guys helped me a lottttttttttttttttttttttt
I'll never forget what you have done for me and I really appreciate that. Good luck to everyone, just don't ever loose your hope no matter what happens.
Can anyone please tell me what I should do now please? Should I wait for anything or contact them now, please ? Many Thanks again guys
Cheers

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Lawyer asked me more money without any reason!!!!!!!!!!!!!!

Lawyer asked me more money without any reason!!!!!!!!!!!!!!

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