Incorrect Date for Out of Time Appeal/Can I travel now??

[Emily C]

Hello All,

I applied for a PSW permit on 30th January, student visa ran out on 31st January 2009.
Of course, like so many others, my maintenance fees were the problem, they went down to 759 for one day, and HO refused my application because of this. However, from reading this forum I found that I could submit funds from another account I held, which would bring my funds up to 800 on the one day I went down. So it is on this basis that I have submitted my appeal, faxed and posted overnight on 31st March, with my appeal deadline of 1st April (given to me by HO).
On Friday 3rd April I got a letter from the AIT saying that my appeal was received after 25th March, and so was considered out of time. I wrote down and provided all the evidence showing that my deadline was given to me as 1st April and showing that I had submitted my appeal before this deadline (I included post office receipts, fax confirmation, anything I could think of, as well as a very detailed letter) and sent this onto the AIT on 4th April.
Has this happened to anyone else?? From you wise people out there who have dealt with the HO and AIT before, does it sound like my appeal will be turned down?
Another question: Am I allowed to travel outside the UK now? I asked the AIT this and the man I spoke to said he did not think it would be a problem- but I am suspicious....

Thanks to any and all for your advice, and good luck and patience to those awaiting a decision from the HO and AIT.

Best,
Emily

[jack199]

Hello All,

I applied for a PSW permit on 30th January, student visa ran out on 31st January 2009.
Of course, like so many others, my maintenance fees were the problem, they went down to 759 for one day, and HO refused my application because of this. However, from reading this forum I found that I could submit funds from another account I held, which would bring my funds up to 800 on the one day I went down. So it is on this basis that I have submitted my appeal, faxed and posted overnight on 31st March, with my appeal deadline of 1st April (given to me by HO).
On Friday 3rd April I got a letter from the AIT saying that my appeal was received after 25th March, and so was considered out of time. I wrote down and provided all the evidence showing that my deadline was given to me as 1st April and showing that I had submitted my appeal before this deadline (I included post office receipts, fax confirmation, anything I could think of, as well as a very detailed letter) and sent this onto the AIT on 4th April.
Has this happened to anyone else?? From you wise people out there who have dealt with the HO and AIT before, does it sound like my appeal will be turned down?
Another question: Am I allowed to travel outside the UK now? I asked the AIT this and the man I spoke to said he did not think it would be a problem- but I am suspicious....

Thanks to any and all for your advice, and good luck and patience to those awaiting a decision from the HO and AIT.

Best,
Emily

Sounds like you need a good lawyer. Please get some legal help.

[vinny]

Another question: Am I allowed to travel outside the UK now? I asked the AIT this and the man I spoke to said he did not think it would be a problem- but I am suspicious....

If you leave the country it is possible that your appeal could be considered to be abandoned, depending on the legislation involved.

[Emily C]

Thanks Jack and Vinny for your replies.

I have been told by the AIT that my letter explaining the HO is in error has been sent to the AIT judge... so I will just have to wait and see. I feel that as they are in the wrong, they will realise it, as I have provided a copy of the original form that the HO sent me saying that my deadline was 1st April.
I know this sounds stupid, but I really refuse to shell out the money for a lawyer when this is the HO's/AIT's error. In addition to this I have already submitted my notice of appeal, so I am not sure what help a lawyer would give me at this point!
If I have to leave the UK, so be it, I really have had enough of the hassle to try to stay here. Thanks for your advice though!! I realy appreciate it.

Best of luck
Emily

[Diokpa]

Thanks Jack and Vinny for your replies.

I have been told by the AIT that my letter explaining the HO is in error has been sent to the AIT judge... so I will just have to wait and see. I feel that as they are in the wrong, they will realise it, as I have provided a copy of the original form that the HO sent me saying that my deadline was 1st April.
I know this sounds stupid, but I really refuse to shell out the money for a lawyer when this is the HO's/AIT's error. In addition to this I have already submitted my notice of appeal, so I am not sure what help a lawyer would give me at this point!
If I have to leave the UK, so be it, I really have had enough of the hassle to try to stay here. Thanks for your advice though!! I realy appreciate it.

Best of luck
Emily

I do not think you'll have any problem as long as you sent it in within 10 working days but I think you'll need a lenient judge to allow the appeal. It is a long process though especially after the appeal has been allowed, but all the best and hope it swings in your favour. You need a lot of patience to deal with this side of things. Good Luck.

[Emily C]

Just as an update to anyone who is interested: I received a letter from the AIT on Saturday which said: "The Duty Judge has now reviewed the appeal and finds that it was lodged in time. The appeal is proceeding accordingly". So, no apology or anything for their mistake (i know i know, who am I kidding expecting an apology from the HO or AIT), but at least they are considering my appeal now!
Fingers crossed that I will be granted leave to stay and work... I will let you know either way.

Thanks to all, and good luck!!!

Emily