HELP PLEASE - TIER 1 APPLICATION REFUSED - maintenance funds

[fbd]

HELP PLEASE - TIER 1 APPLICATION REFUSED based on lack of maintenance funds.


Yesterday I received a refusal letter from the UK Border Agency for my visa application under the TIER 1 (GENERAL).

According to them, my step account was below the minimum 800 GPB for maintenance funds during 8 days of the three months. Unfortunately they are correct as far as the step account is concerned.

However, after reading my bank statement to check this info, I remembered that for no specific reason, I transferred these funds to my savings account during this period. After realising that it could get in trouble, I transferred the money back to my step account.

For a matter of illustration, the money was transferred on 05 January from the step account on to the savings account and then transferred back to the step account on 12 January.

However, when submitting my application, I thought that these 7/8 days wouldn't influence. Hence, instead of submitting also the statement of my savings account, I sent only the step statements.

In this regard, my queries are:

1 - do I have the right to appeal? If so, I guess it is necessary to explain this and also enclose the savings statements confirming that the funds were temporarily on the savings account and that I comply fully with the requirement of 800 GBP;

2 - do I need to hire a solicitor for this?

3 - Should I substantiate my appeal based on:

that the decision is not in accordance with Immigration Rules

AND/OR

that the decision is not in accordance with the law;

4 - on the Statement of Additional Grounds should I mention that I work with shipping and that it is extremely important for my company to keep me there because I can speak Portuguese and Spanish? (they can give me a letter stating this).

5 - Can I argue on the Additional Grounds that I was promoted to the management team, etc.. i.e. use the all the good arguments to state the best case?

6 - Should I choose an oral hearing or a paper hearing will do it? If a chose an oral hearing, do I need a barrister or solicitor?

7 - In the case that my appeal is not allowed, can I make a new application without leaving the country? For your information my current leave to remain expired on 02 March 2009.

8 - on the boxes of the form AIT-1 there are not much space to write, can I write on a paper sheet and on refer to it on the box?


Many thanks for your time and consideration.

[maheshnair]

HELP PLEASE - TIER 1 APPLICATION REFUSED based on lack of maintenance funds.


Yesterday I received a refusal letter from the UK Border Agency for my visa application under the TIER 1 (GENERAL).

According to them, my step account was below the minimum 800 GPB for maintenance funds during 8 days of the three months. Unfortunately they are correct as far as the step account is concerned.

However, after reading my bank statement to check this info, I remembered that for no specific reason, I transferred these funds to my savings account during this period. After realising that it could get in trouble, I transferred the money back to my step account.

For a matter of illustration, the money was transferred on 05 January from the step account on to the savings account and then transferred back to the step account on 12 January.

However, when submitting my application, I thought that these 7/8 days wouldn't influence. Hence, instead of submitting also the statement of my savings account, I sent only the step statements.

In this regard, my queries are:

1 - do I have the right to appeal? If so, I guess it is necessary to explain this and also enclose the savings statements confirming that the funds were temporarily on the savings account and that I comply fully with the requirement of 800 GBP;

2 - do I need to hire a solicitor for this?

3 - Should I substantiate my appeal based on:

that the decision is not in accordance with Immigration Rules

AND/OR

that the decision is not in accordance with the law;

4 - on the Statement of Additional Grounds should I mention that I work with shipping and that it is extremely important for my company to keep me there because I can speak Portuguese and Spanish? (they can give me a letter stating this).

5 - Can I argue on the Additional Grounds that I was promoted to the management team, etc.. i.e. use the all the good arguments to state the best case?

6 - Should I choose an oral hearing or a paper hearing will do it? If a chose an oral hearing, do I need a barrister or solicitor?

7 - In the case that my appeal is not allowed, can I make a new application without leaving the country? For your information my current leave to remain expired on 02 March 2009.

8 - on the boxes of the form AIT-1 there are not much space to write, can I write on a paper sheet and on refer to it on the box?


Many thanks for your time and consideration.

"1 - do I have the right to appeal? If so, I guess it is necessary to explain this and also enclose the savings statements confirming that the funds were temporarily on the savings account and that I comply fully with the requirement of 800 GBP;"

You said you did not sent the statements of the account . In that case how will HO know you had money in other account .
So lack of evidences cannot be appealed .. during appeal u cannot sent additional docs .

I suggest reapply as if you go to a lawyer , he will eat more money than reapply ....

[fbd]

thanks for your comments.

I am currently in the UK. As per my post, my visa has expired on 02 March 2009. I received the refusal letter yesterday.

If I choose to reaply does it mean that I can apply from here or I must leave the contry and then apply from outside?

If I leave the country and reaply, the minimum maintenance fund will be increased to GBP 2800 and I will loose my job.

[xpscapable]

I believe maheshnair is correct. You can't send new documentation for appeal you can only clarify. Unfortunately without new documentation you can't proof that you have the maintenance fund.

Lawyer may be able to help you, but if you can reapply I'd do that rather paying the exorbitant lawyer's fee. Seems like your case is not that complicated.

[ChetanOjha]

1. You should have right to appeal. Your rejection letter from HO might have some appeal form included with it. But you cannot provide additional/extra documents in your appeal.

2.Its better to hire a solicitor, as HO will. You will no stand chance in front of a trained professional solicitor on your own.

3. You cannot substantiate your appeal on "that the decision is not in accordance with Immigration Rules or law " as it looks to me that it is. You have not provided sufficient evidence to prove the same.HO cannot assume that the missing funds(for 8 days) were in your saving account. They only made decision based on what they see on paper(provided by you).

4. Don't think that will help. If you are so important to your company why not they process your visa.(Just my thought). This info is not relevant to your application.

5. To be honest, HO made decision based on the evidence you have provided. They do not care if you are president of a company or managing director. Its purfely black and white case. They see documents, they compare it with their stated list and based on it they made decision.

6. Refer point 2 above. I don't know about oral/paper hearing.

I think, if you can re-apply, better reapply as it will cost to less than hiring a lawyer/solicitor and going through all pain. Make sure you follow guidance word-to-word. Thumb rule to apply to HO is do not assume anything and provide corroborate evidence for almost everything.

[fbd]

Dear All,

thanks for your comments which is highly appreciated.

As mentioned, m visa expired on 02 March 2009. Can I reaply from the UK or do I have to leave the country and reaply?

[destiniation_london]

Dear All,

thanks for your comments which is highly appreciated.

As mentioned, m visa expired on 02 March 2009. Can I reaply from the UK or do I have to leave the country and reaply?

You can appeal for the decision from within UK, but if you would have to reapply, then unfortunately you would have to leave UK and apply from your home country.

[fbd]

Thanks for the comments.

I had a quick look again at my step account statments and clearly states the account which the fund were temporaly transfered, i.e. savings account.

I understand that I cannot show any new evidence.

However I will only clarify that the account which is stated on the step statments is mine and therefore I alwyas complied with the 800 GBP.

I will not add new evidence. I will just clarify the evidence sent previously.

I guess there is nothing to loose. I have to leave the country anyway and the appeal is free.

[THENDIST]

I do not feel that the information that you cannot provide new evidence is correct. It is clearly mentioned in the appeals form and guidance that you can include new evidence. And this is also mentioned in the rejection letter. Can people please clarify where the guidance is which says that new evidence is not allowed?

[fbd]

That’s my understanding as well.

However I am still digesting all this.

I have seen on the TIER 1 (PSW) section that quite few people won their appeal and also that the judge allowed new evidence.

Furthermore, the judge also requested all bank statements/pay slips updated 'till the hearing date and any other relevant info related or not to the refusal, but related to the application.

Therefore, I will appeal, and shall keep everybody posted as my case develops.

If anyone has a different view please post it.

Thanks in advance.

[vks]

http://www.immigrationboards.com/viewtopic.php?t=36072

A similar topic sometime before..

[vks]

http://www.immigrationboards.com/viewtopic.php?t=36072

A similar topic sometime before..

[sunil.suneel]

I do not feel that the information that you cannot provide new evidence is correct. It is clearly mentioned in the appeals form and guidance that you can include new evidence. And this is also mentioned in the rejection letter. Can people please clarify where the guidance is which says that new evidence is not allowed?

I completely agree with you, those days of not providing additional documents are gone, things have changed for the good and in a more logical process, the AIT will accept new evidences and they welcome any number of fresh evidences that would help you in proving you are eligible, its no more a case of proving the case worker wrong. Its about proving you are eligible. Its no fight b/w u and secretary of state. Its no battle though taken up in a tribunal court.

And if its a simple case as maintenance funds you dont really need a solicitor. I guess you are "Highly Skilled" enough to manage such simple applications yourself. Just put it in simple english and that should be done ....