Need advice on Maintenance Issue - Laugh, but pls help!

[Ayreon]

Hi,

Yes, I did something really stupid and I am actually short of 1.15 pounds from the required 800 and my visa expires on 30th April. Already have my ticket home but gonna give it a last shot here to see if people can help.

(1)

1.15 pounds was short on 26th Feb 2009 (Midway through the 3 mths). However, at the time, I had income already earned from a part time job and that income was only put into the account only the next morning 27 Feb 2009. Yes.....it was that close!

Will this, along with the payslip for the month be enough grounds for success on appeal? Can I argue on the appeal that this was income already earned and held by the company on that date?

(2)

Are parental sponsorships for maintenance allowed under the new rulings this month?

A friend of mine is being sponsored by the wife of an immigration lawyer in the UK, and this friend says the new rulings allowed it.

We are trying to contact this lawyer but they are away in France for the weekend. Yes....it seems like my stupidy + impending failure is written in the stars! I will find out Monday with a ticket to fly home on Tues! Its gonna be a rush, but if anyone can clarify this new ruling, that would be awesome.

(3)

If I applied and got rejected, I believe I have 28 days to leave the country right? If I applied on 30th April and get rejected, that means I can legally stay till the 28th of May right? Here's the thing.

On May 27th 2009, I will have more than 800 pounds in my account for 3 months. THis will negate the 1.15 pound shortfall in Feb!

Assuming that I can still legally remain in the UK on the 27th of May 2009, can I send in a fresh application with the more current bank statements?

Thanks everyone for your time in reading this. Laugh allll you want, because I was short of 1.15 pounds, thats 60 Thai Baht in my country and everyone I know is laughing at me for being an idiot! THey kept throwing 60 baht at me to spite me. Gotta accept that!

Anyway, the worst scenario is to go home, wait 3 months to run the account with 2800 pounds and apply again, but thats 3 months of time wasted that I do not wish to content with.

Cheers everyone!

[lemango]

hey,

if i were u i wud give a shot by sending the appliation..u might be lucky....it basically depends on the case worker......

beside what it is in thre to laugh abt? thatz ok.....do u hv any money in any other a/c on 26 Feb....aparrently for u the D-Day.....not necassily in this country cud be anywhere in the world.....

hope this helps....be cool and be +ve.

cheers

[Ayreon]

THanks for the encouragement! Actually, it is pretty funny if you look at it...short of 1.15 pounds, or a bottle of beer! Its ok though, but thats the thing, with my THai bank account, on that date, I am 1.15 pounds, or 60 Baht short, if you take the Oanda conversion rates on 26 Feb 2009 into account.

Cheers!

[koolbone]

Hi there. I don't think anyone in their right senses would laugh at you regadless of the reason for your refusal. A few observations

(1)

1.15 pounds was short on 26th Feb 2009 (Midway through the 3 mths). However, at the time, I had income already earned from a part time job and that income was only put into the account only the next morning 27 Feb 2009. Yes.....it was that close!

Will this, along with the payslip for the month be enough grounds for success on appeal? Can I argue on the appeal that this was income already earned and held by the company on that date?

By talking about an appeal, it seems you've accepted that your application will be refused and from what I've read, if you submit statements that are less than 800 pounds at anytime in the 3 month period, a refusal is certain. In the case of appeals, I know people who've been successful with their appeals if they've been able to show that at the time of appealing, they met the maintenance requirement. So, at all costs, please continue to maintain the 800 pounds in your account. If it gets to the appeal stage, if you show that you've maintained this amount, together with your payslip and explanation, with a lenient judge, you should win your appeal.

(2)

Are parental sponsorships for maintenance allowed under the new rulings this month?

A friend of mine is being sponsored by the wife of an immigration lawyer in the UK, and this friend says the new rulings allowed it.

I'm not sure I've heard about this new rule about sponsorship being allowed. To the best of my knowledge, the funds for maintenance have to be in your own account or a joint account that has your name as one of the holders of the account. My advice to you would be to make your parents account a joint account with you named on the account and
use this to balance the deficit in February. You can always submit multiple statements with your application. The most important thing is that the combined sum in all the accounts must be at least 800 pounds at all times in the 3 month period. For avoidance of doubt as per any new rule, you can always confirm from the UKBA website itself.

(3)

If I applied and got rejected, I believe I have 28 days to leave the country right? If I applied on 30th April and get rejected, that means I can legally stay till the 28th of May right? Here's the thing.

On May 27th 2009, I will have more than 800 pounds in my account for 3 months. THis will negate the 1.15 pound shortfall in Feb!

Assuming that I can still legally remain in the UK on the 27th of May 2009, can I send in a fresh application with the more current bank statements?

I'm assuming that your existing leave will expire while your application will be considered. In the event of a refusal, if you decide not to appeal the refusal, you're given 28 days to leave the country. Any overstay more than this 28 days would result in an automatic ban for future applications. During this period, you're expected to round up your business in the UK in preparation for departure so ideally, you should not send in a fresh application.
However, in another forum, a poster claimed that he was able to send in a fresh application within 28 days of a refusal, despite his leave having expired. The danger with attempting this is that since your leave would have expired before making a new application, you don't have a valid stay in the UK anymore. Hence, if this new application is refused, you will not be given a right to appeal and will be considered to have overstayed and be slapped with a ban. So, sending a fresh application after refusal (if your leave has expired) would be a gamble.
However, if you still have existing leave and you're refused, you can always reapply.

All the best

[jack199]

Hi,

Yes, I did something really stupid and I am actually short of 1.15 pounds from the required 800 and my visa expires on 30th April. Already have my ticket home but gonna give it a last shot here to see if people can help.

(1)

1.15 pounds was short on 26th Feb 2009 (Midway through the 3 mths). However, at the time, I had income already earned from a part time job and that income was only put into the account only the next morning 27 Feb 2009. Yes.....it was that close!

Will this, along with the payslip for the month be enough grounds for success on appeal? Can I argue on the appeal that this was income already earned and held by the company on that date?

(2)

Are parental sponsorships for maintenance allowed under the new rulings this month?

A friend of mine is being sponsored by the wife of an immigration lawyer in the UK, and this friend says the new rulings allowed it.

We are trying to contact this lawyer but they are away in France for the weekend. Yes....it seems like my stupidy + impending failure is written in the stars! I will find out Monday with a ticket to fly home on Tues! Its gonna be a rush, but if anyone can clarify this new ruling, that would be awesome.

(3)

If I applied and got rejected, I believe I have 28 days to leave the country right? If I applied on 30th April and get rejected, that means I can legally stay till the 28th of May right? Here's the thing.

On May 27th 2009, I will have more than 800 pounds in my account for 3 months. THis will negate the 1.15 pound shortfall in Feb!

Assuming that I can still legally remain in the UK on the 27th of May 2009, can I send in a fresh application with the more current bank statements?

Thanks everyone for your time in reading this. Laugh allll you want, because I was short of 1.15 pounds, thats 60 Thai Baht in my country and everyone I know is laughing at me for being an idiot! THey kept throwing 60 baht at me to spite me. Gotta accept that!

Anyway, the worst scenario is to go home, wait 3 months to run the account with 2800 pounds and apply again, but thats 3 months of time wasted that I do not wish to content with.

Cheers everyone!

Put your appeal papers forward you will WIN. One of my friend had the same issue and he has just won his appeal last week.

[sban]

If it's only 1.5 pounds short for one day, i would say they'll give you the visa. But if it does reach the appeal stage you are bound to win easily.

[koolbone]

If it's only 1.5 pounds short for one day, i would say they'll give you the visa. But if it does reach the appeal stage you are bound to win easily.

That's not a totally correct statement. If one applies with bank statements that are short at any time within the three month period, even by 1p, a refusal is certain. The HO is very strict with the maintenance rule.
However, like I said earlier, keep on maintaining the 800 pounds in your account so if it gets to the appeal stage, you will win your appeal.
Conversely, to avoid a refusal, if you have any other account anywhere in the world, even if it's a joint account, you can use it to balance the deficit on the day your balance went less than 800.

[lemango]

If it's only 1.5 pounds short for one day, i would say they'll give you the visa. But if it does reach the appeal stage you are bound to win easily.

That's not a totally correct statement. If one applies with bank statements that are short at any time within the three month period, even by 1p, a refusal is certain.

This is NOt true,i hv heard and seen many cases where they hv been granted visa eventhough they were short..it basically depends on the case worker who is willing or not willing to apply discretion.......certaily short of £1.15 one day does not and should not mean that guy cant support himself..

[koolbone]

If it's only 1.5 pounds short for one day, i would say they'll give you the visa. But if it does reach the appeal stage you are bound to win easily.

That's not a totally correct statement. If one applies with bank statements that are short at any time within the three month period, even by 1p, a refusal is certain.

This is NOt true,i hv heard and seen many cases where they hv been granted visa eventhough they were short..it basically depends on the case worker who is willing or not willing to apply discretion.......certaily short of £1.15 one day does not and should not mean that guy cant support himself..

Well, if that happened then they were lucky. Maintenance has been a major reason for PSW refusals and I have also seen a lot of refusals due to this maintenace issue where applicants have been refused for being short of the £800 even if by a few pounds. I agree that being short of a few pounds doesn't mean that an applicant can't support himself but what's the assurance that a case worker will be willing to exercise discretion? It's a stupid rule but it's better to be safe than sorry

[jack199]

If it's only 1.5 pounds short for one day, i would say they'll give you the visa. But if it does reach the appeal stage you are bound to win easily.

That's not a totally correct statement. If one applies with bank statements that are short at any time within the three month period, even by 1p, a refusal is certain.

This is NOt true,i hv heard and seen many cases where they hv been granted visa eventhough they were short..it basically depends on the case worker who is willing or not willing to apply discretion.......certaily short of £1.15 one day does not and should not mean that guy cant support himself..

Well, if that happened then they were lucky. Maintenance has been a major reason for PSW refusals and I have also seen a lot of refusals due to this maintenace issue where applicants have been refused for being short of the £800 even if by a few pounds. I agree that being short of a few pounds doesn't mean that an applicant can't support himself but what's the assurance that a case worker will be willing to exercise discretion? It's a stupid rule but it's better to be safe than sorry

I totally agree with Koolbone, i have even experienced cases where the person had the required amount over the last three months and even then the caseworker rejected his application. Anything i.e. statement, letter which does not make scence to caseworker they just reject the application. But the good thing is that when it goes to appeal the Appealant usually wins but its the long procedure and where the appealant has to be really calm and collective.

[dahokolomoki]

As mentioned above, you'll definitely get your visa in the end, as during appeal just £1 short will be accepted.

During the application process it will be at the discretion of the caseworker. Also it depends on how fuzzy you meet the other requirements... if the caseworker has some doubt about other parts of your application, this £1.15 might be the thing that pushes them towards "reject" instead of "approve" when taking everything together in consideration.

[mickijl]

Hi

I am helping my boyfriend to prepare for his appeal hearing. He was £14 short of the required £800. However, he now has 6 months of bank statements that indicate he has maintained £800 and this will be the case at the time of appealing.

We would like to gather some information about old cases that have been won but I cannot find any references to similar cases on the AIT website. Can anyone help or point me in the right direction?