PSW Tier 1 visa rejected and current leave has expired HELP!

[juno3]

Hi,

I was on a IGS visa which was to expire on the 4th of Feb 2009. I applied for a PSW visa on the 31st of January 2009 and recieved the confirmation from the HO that they have recieved my application on the 4th of February 2009. Today I recieved my passport back and my PSW Tier 1 visa was rejected due to non-maintainence of funds. I know its my fault that my funds slipped below £800 on a few occasions and it was my oversight that I did not enquire properly about the maintenance of funds section as I have other bank statements which I could have provided.

My wife had also sent her dependant visa with me and narturally hers was rejected as well. They have made a notation by pen of 17th March 2009 on my current leave page in my passport and the HO letter was also dated 17th March 2009. My question is that my current leave expired on the 4th of February 2009. so what is our status in this country? If I decide to leave teh country how long do I have to do so. I have to make a lot of arrangements to take my dog with me and if I have to leave and would need 2 weeks to do so. Also will I be able to appeal against this? Or should I reapply in India?

I would really appreciate your help and advise.

Akshay

[UKBAbble]

Does the HO letter not give you any information?

[juno3]

Does the HO letter not give you any information?

The letter from HO states that I cannot claim 0 points for maintenance of funds as the balance falls below £800. My deadline to appeal is 2nd April 2009.

[UKBAbble]

If you have an in-country appeal you are not required to leave until it has been heard.

[juno3]

Yes I am aware of that but what if I do not want to appeal and return to India. I was always planning to return to India but wanted to have a valid visa incase I need to return. What will happen to us at the airport. Will my passport be stamped overstayed?

[koolbone]

If you decide to leave the UK, you have to do that within 28 days of the refusal. If you leave within 28 days, you will not be considered as having overstayed.
On the contrary, if you decide to appeal, you must do that before the appeal deadline. If you appeal on time, your leave is extended pending when the appeal is being decided. However, this leave will lapse if you decide to leave the UK before your appeal is heard.
Why don't you want to appeal? You have nothing to lose by appealing and it affords you a chance to overturn the refusal whilst being legal in the UK.
Anyways, if you want to leave, make sure you do that within 28 days of the refusal.
All the best

[juno3]

Actually I have a job opportunity in India and hence was planning to go back for good anyways. I applied for an extension only because I was not going to be able to complete my winding up before the visa expired. I have consulted a solicitor today who said that I can apply for an appeal next week. And after 7 days I will get a confirmation letter from the HO that they have recieved my appeal application. After that I can go back to India after giving a appeal withdrawal letter to the solicitor. So at the airport immigration i have to show my passport and appeal letter and noone can question me. This way I have a legal right to remain till my appeal case is with the HO. The reason why I dont want to appeal is that I am not planning to return to the UK and dont want to waste another £500 odd pounds on an appeal. Plus the solicitor said that if I wanted I could make a fresh application from India as well. If I have got any of the facts right please let me know.

[koolbone]

Actually I have a job opportunity in India and hence was planning to go back for good anyways. I applied for an extension only because I was not going to be able to complete my winding up before the visa expired. I have consulted a solicitor today who said that I can apply for an appeal next week. And after 7 days I will get a confirmation letter from the HO that they have recieved my appeal application. After that I can go back to India after giving a appeal withdrawal letter to the solicitor. So at the airport immigration i have to show my passport and appeal letter and noone can question me. This way I have a legal right to remain till my appeal case is with the HO. The reason why I dont want to appeal is that I am not planning to return to the UK and dont want to waste another £500 odd pounds on an appeal. Plus the solicitor said that if I wanted I could make a fresh application from India as well. If I have got any of the facts right please let me know.

Yeah, everything you stated is OK. You can do just that if you're planning on leaving the UK. All the best in your future endeavours.

[juno3]

Actually I have a job opportunity in India and hence was planning to go back for good anyways. I applied for an extension only because I was not going to be able to complete my winding up before the visa expired. I have consulted a solicitor today who said that I can apply for an appeal next week. And after 7 days I will get a confirmation letter from the HO that they have recieved my appeal application. After that I can go back to India after giving a appeal withdrawal letter to the solicitor. So at the airport immigration i have to show my passport and appeal letter and noone can question me. This way I have a legal right to remain till my appeal case is with the HO. The reason why I dont want to appeal is that I am not planning to return to the UK and dont want to waste another £500 odd pounds on an appeal. Plus the solicitor said that if I wanted I could make a fresh application from India as well. If I have got any of the facts right please let me know.

Thank you so much for all your help. I really appreciate it. Feeling a lot calmer than morning

Yeah, everything you stated is OK. You can do just that if you're planning on leaving the UK. All the best in your future endeavours.

[bananafish]

Hello,

I have the exact same situation. Well...almost.

My student visa was due to expire on the 31st of January. I sent my application on the 31st of January as well.

The thing with me was that I had minimum £800 in my account from the 4th of November. Before that I was short by £300-£400. But since the 4th of November I have held much more funds that the required £800.

The bank statements I sent were till the 30th Jan. I sent a covering letter with my application stating that I would send additional continuing statements which would follow my application shortly i.e at least after the 4th of Febuary so that the 3 month time limit would be met.

However, when I got the letter confirming reciept of my application it clearly stated that I should not send additional documents until requested by the case-worker.

So then I wrote another letter asking them if I can send my additional bank statements which could be considered with my application. They called me and gave me a case reference number and told me to go ahead and send them the additional statements.

However, HSBC delayed sending my bank statements by 3 weeks! By the time I sent the statements it was too late!

So I got my refusal yesterday. Along with a separate letter containing the bank statements I had sent later on saying that they were returning my statements and that they were unfortunately recieved after a decision had been made regarding my visa.

So now. I understand that I have no legal grounds as such to appeal. I can only appeal on the basis that they should have exercised discretion differently. Am I correct? I definitely can't afford a solicitor...and I don't think I need one since this is not really a legal matter. I suppose this will be entirely up to the judge or whoever decides the case. If they are sympathetic to me then I guess they can exercise discretion. I have a clear record i.e no convictions, no previous over-staying etc. I did my undergraduate degree from the UK and just finished my Masters with a distinction.

Could anyone tell me if there are any grounds for appeal? Should I pursue it?

What I should exactly write in the appeal form? Also what I can say at the appeal hearing?

I would appreciate any advice!

Thanks.

[sasikaran]

Hello,

I have the exact same situation. Well...almost.

My student visa was due to expire on the 31st of January. I sent my application on the 31st of January as well.

The thing with me was that I had minimum £800 in my account from the 4th of November. Before that I was short by £300-£400. But since the 4th of November I have held much more funds that the required £800.

The bank statements I sent were till the 30th Jan. I sent a covering letter with my application stating that I would send additional continuing statements which would follow my application shortly i.e at least after the 4th of Febuary so that the 3 month time limit would be met.

However, when I got the letter confirming reciept of my application it clearly stated that I should not send additional documents until requested by the case-worker.

So then I wrote another letter asking them if I can send my additional bank statements which could be considered with my application. They called me and gave me a case reference number and told me to go ahead and send them the additional statements.

However, HSBC delayed sending my bank statements by 3 weeks! By the time I sent the statements it was too late!

So I got my refusal yesterday. Along with a separate letter containing the bank statements I had sent later on saying that they were returning my statements and that they were unfortunately recieved after a decision had been made regarding my visa.

So now. I understand that I have no legal grounds as such to appeal. I can only appeal on the basis that they should have exercised discretion differently. Am I correct? I definitely can't afford a solicitor...and I don't think I need one since this is not really a legal matter. I suppose this will be entirely up to the judge or whoever decides the case. If they are sympathetic to me then I guess they can exercise discretion. I have a clear record i.e no convictions, no previous over-staying etc. I did my undergraduate degree from the UK and just finished my Masters with a distinction.

Could anyone tell me if there are any grounds for appeal? Should I pursue it?

What I should exactly write in the appeal form? Also what I can say at the appeal hearing?

I would appreciate any advice!

Thanks.

Hello,
I have read that we can vary the grounds of existing application before it is decided. That's what you have done. Unfortunately they say they have made the decison before that. However they received your statements.
In the same section of the rule it says, if the new grounds(new statements in your case) is after decison, it can be considered in appeal.

That's what i understood. Have a look at
http://www.ukba.homeoffice.gov.uk/sitec ... schapter1/
paragraph 3.2. Applications lodged during leave under sections 3C and 3D


what address did you send your bank statements? is it the original address as where the PSW application sent?
The case reference you received through phone, is it difference from the reference you had in your acknowledgement letter?

[bananafish]

Hello,

I have the exact same situation. Well...almost.

My student visa was due to expire on the 31st of January. I sent my application on the 31st of January as well.

The thing with me was that I had minimum £800 in my account from the 4th of November. Before that I was short by £300-£400. But since the 4th of November I have held much more funds that the required £800.

The bank statements I sent were till the 30th Jan. I sent a covering letter with my application stating that I would send additional continuing statements which would follow my application shortly i.e at least after the 4th of Febuary so that the 3 month time limit would be met.

However, when I got the letter confirming reciept of my application it clearly stated that I should not send additional documents until requested by the case-worker.

So then I wrote another letter asking them if I can send my additional bank statements which could be considered with my application. They called me and gave me a case reference number and told me to go ahead and send them the additional statements.

However, HSBC delayed sending my bank statements by 3 weeks! By the time I sent the statements it was too late!

So I got my refusal yesterday. Along with a separate letter containing the bank statements I had sent later on saying that they were returning my statements and that they were unfortunately recieved after a decision had been made regarding my visa.

So now. I understand that I have no legal grounds as such to appeal. I can only appeal on the basis that they should have exercised discretion differently. Am I correct? I definitely can't afford a solicitor...and I don't think I need one since this is not really a legal matter. I suppose this will be entirely up to the judge or whoever decides the case. If they are sympathetic to me then I guess they can exercise discretion. I have a clear record i.e no convictions, no previous over-staying etc. I did my undergraduate degree from the UK and just finished my Masters with a distinction.

Could anyone tell me if there are any grounds for appeal? Should I pursue it?

What I should exactly write in the appeal form? Also what I can say at the appeal hearing?

I would appreciate any advice!

Thanks.

Hello,
I have read that we can vary the grounds of existing application before it is decided. That's what you have done. Unfortunately they say they have made the decison before that. However they received your statements.
In the same section of the rule it says, if the new grounds(new statements in your case) is after decison, it can be considered in appeal.

That's what i understood. Have a look at
http://www.ukba.homeoffice.gov.uk/sitec ... schapter1/
paragraph 3.2. Applications lodged during leave under sections 3C and 3D


what address did you send your bank statements? is it the original address as where the PSW application sent?
The case reference you received through phone, is it difference from the reference you had in your acknowledgement letter?

Hello,

Thanks a lot for your reply.

Yeah, I figured I could use my bank statement during the appeal. Especially since in the letter which they sent back they used the word "unfortunately' when referring to the fact that my statements were recieved late.

I sent my bank statements later on to the Sheffield Office as that is where they told me to send it when they called me. The case reference they gave me was different...primarily because it was a 'case' reference. The reference in the acknowledgement letter was the 'home office' reference.

Anyhow. So do you think I have a chance of the appeal being successful? Especially since I have to probably represent myself and not get a solicitor since I can't afford it.

[igiosan]

hello Juno,
I will like to ask what number you called for the home office when they gave you another reference number and please can you give the full address of the office in sheffield where you sent your other documents to? I am in the same situation as you and I need to forward some other documents to them.

Thank you

[bananafish]

hello Juno,
I will like to ask what number you called for the home office when they gave you another reference number and please can you give the full address of the office in sheffield where you sent your other documents to? I am in the same situation as you and I need to forward some other documents to them.

Thank you

Did you mean to ask me instead of Juno?

I did not call the Home Office. I sent them a letter asking if I could send them the bank statements and I quoted the reference number that I could in the acknowledgement letter.

In response to my letter, THEY called me.

I had sent my application and the subsequent letter to the Durham office. When they called me they told me to send the bank statements to the Sheffield Office.

[igiosan]

I'm sorry Bananafish, I meant to write to you.
can you please provide me with the shefield address they sent you, I want to forward subsequent documents to the HO.

Thank you

[bananafish]

I'm sorry Bananafish, I meant to write to you.
can you please provide me with the shefield address they sent you, I want to forward subsequent documents to the HO.

Thank you

PO Box 3468,
Sheffield,
S3 8WA

I would confirm if this is exactly where you need to send your documents....

[igiosan]

Thank you Bananafish,
one last question, is this the FULL address?
Border and Immigration Agency
Tier 1,
P O Box 3468
Sheffield
S3 8WA

[bananafish]

Thank you Bananafish,
one last question, is this the FULL address?
Border and Immigration Agency
Tier 1,
P O Box 3468
Sheffield
S3 8WA

Yes. I assume so. You can check this against the address on the UKBA website in the contact section.[/url]

[bkpatel83]

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.

[kashi50]

If you decide to leave the UK, you have to do that within 28 days of the refusal. If you leave within 28 days, you will not be considered as having overstayed.
On the contrary, if you decide to appeal, you must do that before the appeal deadline. If you appeal on time, your leave is extended pending when the appeal is being decided. However, this leave will lapse if you decide to leave the UK before your appeal is heard.
Why don't you want to appeal? You have nothing to lose by appealing and it affords you a chance to overturn the refusal whilst being legal in the UK.
Anyways, if you want to leave, make sure you do that within 28 days of the refusal.
All the best

If someone help me…………..Thank you in advance

My PSW visa refused because of fund maintenance, my first three days of the bank statement (12 Oct 2008 to 15 Oct 2008) shows balance below £800 and rest of the days the balance is above £800 until now. My student visa was expired 0n 31st Jan 2009 and I sent my appeal form on time. My hearing date is 12th April 2009. I didn’t put any representative name as I can’t afford them. I don’t have money in any of my other account on those days which can be challenged in court. Can anyone help me and give any valid reason which I can raise there to win the case. Does anyone have went through in appeal procedure and can explain to me that what they will ask to me or what should I answer or any immigration rules which I explain to defend myself.

Last question, if my appeal not allowed, can I send fresh application form for reconsideration or need to go back to my home country. In home country £2800 bank statement required, can I use there my UK bank statement or not?

[pure_soul]

Anyhow. So do you think I have a chance of the appeal being successful? Especially since I have to probably represent myself and not get a solicitor since I can't afford it.

Yes u actually do have a strong case. And there is a good chance u can pull this off urself since u have the required funds for the specified period mentioned in the guidance and that satisfies the maintainance funds requirement for this category
.....
i would like to know the exact dates
1. when home office called u??
2. what date did you sent them the bank statements later?
3. what was the date on the refusal letter?
4. what date did you receive the refusal in post?

Answer me and i might be able to help you out a little more
Cheers

[kashi50]

Yesterday I went for Oral Hearing and Secretary of State didn’t turn. Detail are as following …hope you people will prepare yourself according to that…keep at least two copies of each documents with you.

Some time secretary of state come and asked question but in my appeal he wasn’t there…

Following question I have been asked by Judge and Secretary of state didn’t turn up:

After showing identification like passport etc:
1. What are you doing now a day?
2. Still living on ABC address…?
3. Where are you working?
4. Full time/part time?
5. Do you have any supporting document? (I showed my home country statement)
6. Why didn’t you send this with your application? (i gave reference to following:
In PSW form about Fund maintenance Requirement:
In Section N
N1. Does the applicant have access to £800 available funds to support himself?

Tier 1- Policy Guidance # 90
In order to qualify for entry clearance or leave to remain under Tier 1 an applicant must show that he/she has enough money to support himself/herself. Applicants in the United Kingdom seeking further leave to remain must have at least £800 of personal savings which must have been held for at least three months prior to the date of application. Without use of public funds. ) so I didn’t see anywhere that £800 should have each n every day…..

7. Who supported you while studying in UK? (parents)
8. Did they transfer money if yes…..how often and how much?
9. Do you have original statements with you…? (no)
10. How do you prove that it’s original and not fake?
11. Do you have anything which you didn’t send with appeal?
12. Do you want to say anything else?
13. Judge said that he will reveal that decision in next few days. Have a good day!

[kashi50]

I got letter from Judge...Appeal Allowed...now i am waiting for HO letter...Thanks to everyone