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pure_soul wrote:Yes u actually do have a strong case. And there is a good chance u can pull this off since u have the required funds for the specified period mentioned in the guidance and that satisfies the maintainance funds requirement for this category if u r lucky to get a nice judge...
However,
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. and what date did you receive the refusal in post?
we might be able to help you out a little more
Cheers
Did they give you a dead line to send your bank statements when they called you? If not then you could say to the judge that you sent the bank statements within 10 days and even that short delay wasn't your own fault. And you did not have control over this.bananafish wrote: Hello. Thanks for replying.
pure_soul, do you really think it will still depend on the whether or not the judge is sympathetic to my case? I am citing authentic legal sources...it is from a practitioner's text and he is bound to follow this ruling. Anyhow, I suppose in a way you are correct. If he is in a bad mood then I guess he can refuse...since I am only requesting them to exercise discretionary powers.
Now in response to your questions:
1. The home office called me after I had sent them a letter on 31st Feb asking if I should send them my continuing bank statements. I received the phonecall on 2nd of March.
2. Due to the bank's error [I made the bank manager make a note acknowledging that the delay was due to the bank's error] my bank statements were sent late...and I ended up sending them the additional continuing statement on the 10th of March. I sent it by recorded delivery so this means it probably reached them by the 11th of March. I have the Post Office reciept as evidence.
3. The date on the refusal letter is 17th of March.
4. I recieved the refusal in the post on the 20th of March.
Yeah. So this is it. Any feedback? Thanks.
Yeah thanks a lot for your reply.pure_soul wrote:Did they give you a dead line to send your bank statements when they called you? If not then you could say to the judge that you sent the bank statements within 10 days and even that short delay wasn't your own fault. And you did not have control over this.bananafish wrote: Hello. Thanks for replying.
pure_soul, do you really think it will still depend on the whether or not the judge is sympathetic to my case? I am citing authentic legal sources...it is from a practitioner's text and he is bound to follow this ruling. Anyhow, I suppose in a way you are correct. If he is in a bad mood then I guess he can refuse...since I am only requesting them to exercise discretionary powers.
Now in response to your questions:
1. The home office called me after I had sent them a letter on 31st Feb asking if I should send them my continuing bank statements. I received the phonecall on 2nd of March.
2. Due to the bank's error [I made the bank manager make a note acknowledging that the delay was due to the bank's error] my bank statements were sent late...and I ended up sending them the additional continuing statement on the 10th of March. I sent it by recorded delivery so this means it probably reached them by the 11th of March. I have the Post Office reciept as evidence.
3. The date on the refusal letter is 17th of March.
4. I recieved the refusal in the post on the 20th of March.
Yeah. So this is it. Any feedback? Thanks.
The most important point for me is that the date on the refusal letter is 7 days after you sent them new bank statements. This is a very valid point that the decision was being made without considering the new statements even when they had the statements 7 days before the refusal letter. So if they had made their decision before the bank statements had got through to them then how come the refusal letter says a date 7 days after the statements got to them????? If the decision had already been made then why didnot they sent the refusal straight away in next 2 working days. What were they thinking about or why wait for 7 days to print a letter?
Hope this helps. Just raise the point that the refusal letter was 7 days after the statements got to them and also they themselves said unfortunately your bank statements were late when they were not.
Hope this helps
Numbered.bananafish wrote: Yeah thanks a lot for your reply.
No they did not give me a deadline to send in the bank statements. I actually got a call from someone in the Durham office....he was not the case-worker...he told me my passport has already gone to a case-worker in the Sheffield Office. I should have taken his name or something but he called at bloody 09:30 in the morning and he woke me up. So I was groggy with sleep at the time. Anyway. But he was the one who gave me my 'Case Reference' number which I could not have known otherwise.
Yes, the point about the 7 days delay is valid. I will mention it.
Also dude...is there any particular format I should write my grounds of appeal in? Like in numbered points? I should probably attach a separate page right? Instead of writing it in that little space?
Paul, thanks for your reply.PaulJohnAndCo wrote:As per the rules you will not qualify on the evidence you supplied. But being a student with temporary residence in UK , you can rely on any savings or funds you have overseas including term deposits and bank statements.
Also in a case a judge has ruled that the amount of money available in the form of overdraft if you have any, can also be taken into account as avaiable funds as per the rules.
So if you have evidence of this sort there is a good chance with regard to your appeal process as you can submit post decision evidence as per the existing rules which is in force now.
Regards
Paul John
What about someone who made another application after refusal, but the form was inexplicably returned as invalid even though I know for a fact that I used the correct form? What am I supposed to do now? They gave me a right of appeal on the first application. I reapplied then appealed. Now the Home Office has returned the second application invalid, and have expressed that I cannot apply again - and have to go to the appeal court! Isn't the second attempted application admissible as evidence??? I met the stupid requirement way back in January while my application was being processed, but as they refuse to consider new evidence, I have nothing left but the appeal(and from what you are saying there is no hope of the judge accepting new evidence) This was a simple IGS to PSW transition which has turned into a complete fiasco. Does being on IGS count for nothing anymore? So does that mean that I will essentially lose out on a year because the Home Office/Tribunal will refuse to look at the fact that I have fulfilled all the requirements even before I got the Notice of Appeal? This transition cannot be done in my Home Country! My IGS expired early January, by the time of my appeal four months will have gone - meaning I am struggling for only 8 months of leave! Are you saying the judge cannot use his discretion in this unfortunate chain of events?PaulJohnAndCo wrote:Dear Friend,
Inorder to qualify for the PSW you should have £800 in your account for 3 months prior to the application. You only had £800 since 4th November 2008 and you applied on 31st January 2009. So at the time of the application you do not qualify for the visa. and accordingly the Home Office refused the application. You could have posted your bank statements to the HO after 4th February 2009 and could have asked the Home Office to take it into consideration while a decision is made exercising their discretion. This has not happened in your case.
The immigration Judge can only make a finding in an appeal that the Home Office could have exercised their discretion in a case. If the applicant does not qualifies under the rules an immigration judge cannot subsitute a decision exercising his discretionary powers and award you points in that category.
Imagine a case where you had £800 in your account since 30th October but couldnt submit the bank statements as of 30th January and you submitted the bank statements until 25th January. In that case of refusal you can submit your bank account until 30th January 2009 in appeal and the Immigration Judge can takeinto account that as a post decision evidence and award you the points in the category. If you cannot satisfy the rules then resting your case only on discretionary exercise of powers is not a wise action.
You can submit a fresh application to the Home Office and normally the Home Office can exercise their discretion and grant you the visa.
No I don't have an overseas account. I was rejected because my balance was a little below £800 at the beginning of the so-called 3 month period, when I wasn't even in the country! My argument will be the IGS to PSW transition should have been automatic. They have applied retrospective changes to people who would have qualified otherwise...£800 is a bloody joke, that's only a little more than the rent I pay on my flat! So I'm not "maintaining" myself by doing this? Every lawyer I go to keeps banging on about having an "overseas" account and never looks at the merits. I think I will argue this on my own.PaulJohnAndCo wrote:Dear friend ripped off,
The second application was send back to you as invalid as the appeal was pending. You cannot make a new application while the appeal is pending. I dont know anything regarding the facts of your initial refusal, so i m not in a position to comment on the appeal. As i said earlier if you have money in your overseas accounts at the time of the initial application judges are willing to accept that as available funds.
Paul what if appeal has been refused and you are given 7 days to leave the country. Can you re-apply then from here or you must go back home and apply?PaulJohnAndCo wrote:Dear friend ripped off,
The second application was send back to you as invalid as the appeal was pending. You cannot make a new application while the appeal is pending. I dont know anything regarding the facts of your initial refusal, so i m not in a position to comment on the appeal. As i said earlier if you have money in your overseas accounts at the time of the initial application judges are willing to accept that as available funds.