Help- Tier 1 PSW refused due to Maintenance Funds

[nread]

Hello,

I'm looking for some advice off anyone whos been in a similar situation to me .

I applied for transition to PSW from IGS and like others I mis-understood the maintenance guidence and for a few days my account was below the £800 required.

I can't re-apply becasue my current visa expired whilst they had my documents.

I now have NEW evidence of accounts which show I had well above the £800 needed for being awarded the 10 points for maintenace funds.

I also work full time in the UK now and have evidence to support this.

What I would like to know is how likely would my appeal be based on new evidence and is it worth paying a solictor £1800? I don't no the ins and oust of the law but I feel its a straight forward case. I am confident to speak to a judge to explain my case.

thanks in advance for your help

[sban]

If you are confident of presenting your case before the judge I'd say go for it. I did it and my appeal was allowed. No one will know your case/circumstances better than yourself. But do your homework and prepare your case well.

In my case I thought UK funds were enough so did not include overseas account at all while applying for IGS>PSW transition. But included it in appeal along with more recent bank statements showing balance constantly improving and my employment contract. On day of hearing Judge accepted/considered these. But make sure you explain everything clearly in the 'grounds of appeal' section.

All the best.

[vinata]

I am going through the appeal process at the moment as well. And I have to say, this process is quite complicated for those who do not know anything about it. If you are one of them, then you would be much better off if you hire a solicitor. I did it, and I don't regret even thouth I paid £1700 for this service.

In the end of the day, the choice is yours. But please remember, it is not just about showing the additonal bank statements, it is about explaining why you should remain in the UK and about showing your case in the best possible light. It would be very sad if you loose it just because a simple omission or mistake occured.

However, other people actually did it without any solicitors, but, in this instance, you really need to do your home work and learn everything about the appeals, court hearings and self-representation. Go to the library, to the book shop and to the AIT website and study thoroughly everything you need to know. I'll need a lot of patience and time to learn this process, but it could be worth your efforts in the end.

Good luck.

[dahokolomoki]

Essentially you have to be a bit lucky... as technically you cannot introduce new evidence, and new bank statements mean new evidence.

However, it does seem that in recent months there have been more and more reported cases of the AIT judge allowing new evidence in regards to maintenance funds, or willing to hear arguments regarding stability, job, etc if there is not £800.

All I can say is that you have to weigh the pros and cons (as hiring the lawyer is expensive) and it is a time consuming process.

[nread]

Thanks for the advice, i've prepared my case so it's just a matter of waiting now.i'll let you know how I get on.

[sban]

Essentially you have to be a bit lucky... as technically you cannot introduce new evidence, and new bank statements mean new evidence.

I slightly disagree as Nationality, Immigration and Asylum Act 2002 Part 5 Section 85 says: On an appeal under section 82(1) or 83(2) against a decision an adjudicator may consider evidence about any matter which he thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.

But I agree it's up to the judge to consider or not consider the evidence and in my case - taking into account other aspects such as employment, improving bank balance etc - the judge did.

But I also agree with vinata that if you think you are becoming overwhelmed with all the legalities then go for a lawyer. It would really be sad to lose on account of a technicality or minor legal error.

Some links that may be helpful:
Nationality, Immigration and Asylum Act 2002
Information on appeals process

[nread]

Got my appeal date through Mid August, I'll let you know how I get on.

[nread]

Just wanted to update.

Just had my appeal allowed didn't hire a lawyer and proved to be ok as had prepared a good case myself.

Thanks to everyone who offered me advice and good luck all those still in the process.

[kysonj]

hi,
i m in ur situation right now..my story is similar to yours..can u guide me on appeal process.
few questions.
If may not be able to show 800 pounds for 1 or 2 days wat happens..
will my job which [pases resedential labour market test count and also i am good tax payer.
Can i produce overseas evidence.
Can i show money that was in transaction during my application.
I applied early and got rejected will the judge accept that if would have applied 4 days later i would have met all criteria.i had very good reason for applying early..It was cuz my employer would have stopped me working without home office documents.
please advice i dnt have enough time have to appeal by monday or tuesday..
thanks

[nread]

I can't comment on your individual case becasue I don't know all the facts. But if you can prove you had the money for a continous period either in or out of the UK in a Bank then you should be ok.

Why was your employer so insistant on applying early when you had the correct visa. If your employer will sign a letter stating that then I think it would be acceptable but you will need evidence of that.

The hole process is drawn out, but the actual hearing was fine.

Good Luck

[jagdish_10]

I have been rejected on the grounds of shortage of maintainance for five days, it was a misunderstanding of submitting three months statement and the 90 days.... actually my statement starts from 11th to the 11th of the next month, so i started maintaining from the 11th of the march but my visa expired by 5th of june so i had a shortage of five days in the first statement. i have been working in the same job for the past two years and its a permanent contract, does this help with my appeal . i have the 800 pounds upto the date...what are the points that i put on myside when i am going for a oral hearing, i cant afford a solicitor i have to argue my case myself .... can anyone please help me with this problem please