appeal allowed

[syed ali]

Dear all members,

got refusal on maintenance basis in may 2009, as my bank statement was 10 days short to complete the 90 days period(i ordered my 3rd month bank statement a bit earlier as my visa ws expiring and i had to apply for extention)

day before yesterday i had the hearing and the argument was, that my bank statement covers required balance before and after 10 days of application,
good news is that the judge allowed the appeal, he said its a straight forward case and was upset with HO on making such decisions. HO's respondant never turned up...i am happy and thanks to all members who supported me during this period, and hope that HO will not appeal against the decision.
and another thing can any one tell me what would be the start date of visa when it will be stamped?
thanks

[dahokolomoki]

Congratulations!

This goes to show that the AIT appeal judges are more sympathetic nowadays to this bank statement maintenance fund requirement.

[9603196090]

@syed ali

the start date will obviously be the one when they stamped VISA....but still not sure so look others posts as well.

nyways, congrats for successful appeal

Cheers!

[syed ali]

thank u v much

[jack199]

Congrats mate.... Now the long waiting time stats..... I hope you get the passport endoursment letter ASAP.

Good Luck

[sban]

That's very good news congratulations. I think the reason judges are becoming more sympathetic or understanding is because they are struggling to come to grips with the constantly changing and mostly illogical HO guidelines as well. Which is why the more appeals there are and more people point out the absurdity of say someone having a 30k job but is rejected because his balance dropped for two days - the better for all of us.

Also, I have just sent my passport for the visa stamp and was wondering about the start date of the visa. If they stamp it from now what happens for these months in between?

[9603196090]

Dear All

What I think???

your psw visa will be valid from the date when a decision is taken on your application. The days in between does not counts and there is no need to bother about those days or gaps......according to rules, you are supposed to get a 2 years valid psw visa. However these are my views and I am not experienced......

I request seniors to post their advise......

Cheers!

[syed ali]

thank u all for ur good wishes i hope the start date will be when the visa gets stamped otherwise i will get only a few months visa as i had applied under trasitional arrangements(IGS-PSW) which was expired in february 2009.
good luck to all of u as well

[koor]

@Syed: Congratulations!

My case has also been 'allowed' by the Tribunal. Now I am wondering what to do next... If I am not wrong I don't have to pay the application fee this time, and that I will have to submit only my passport to UKBA for the stamp. Do I have to fill in an application and submit other documents along with my passport?

Any advice in this regard will be much appreciated.

Thank you! Muchas gracias! Merci beaucoup!

[syed ali]

@Syed: Congratulations!

My case has also been 'allowed' by the Tribunal. Now I am wondering what to do next... If I am not wrong I don't have to pay the application fee this time, and that I will have to submit only my passport to UKBA for the stamp. Do I have to fill in an application and submit other documents along with my passport?

Any advice in this regard will be much appreciated.

Thank you! Muchas gracias! Merci beaucoup!

koor thanks and congratulations to u as well..
now u hv to wait for HO, they will just ask for ur passport and photographs for stamping visa...no need of submitting any form or paying fee to HO now...but nobody knows how long it gonna take...hopefully we and all others who r waiting for visas will get them soon
regards

[vinata]

Hello Guys,

I am going throught the appeal process as well at the moment. And I have a few questions to you.

Was your appeal allowed in the court or not?

And if not, how long were you waiting for the decision to come through in the post?

And what did happen at the actual hearing?

Thanks a lot for your replies.

[jack199]

Hello Guys,

I am going throught the appeal process as well at the moment. And I have a few questions to you.

Was your appeal allowed in the court or not?

And if not, how long were you waiting for the decision to come through in the post?

And what did happen at the actual hearing?

Thanks a lot for your replies.

My appeal was allowed in court infront of the HO Rep, usually the judge does not disclose the information up untill you get the determination after 2 weeks, but because my case was an error on HO part, which is why Judge allowed the appeal on the day but i received the letter after 2 weeks as a proof from AIT.

so if the judge does not disclose his/her decision on the day then you will have to wait for 2 weeks to get the decision.

On the day of hearing your case might be the first or very last so keep your lunch with you just in case. In the court room, HO Rep will have a first go to create some grounds that why you shouldn't be in this country and the judge will listen to it and make some notes. All the time the HO rep can ask you question at anytime, the judge can interept both (your lawyer or HO Rep) and can ask you questions. Then it will be your go or your lawyers who will put his caser forward that why the refusal was wrong, he can ask you questions at any time.

Always try and ask your solicitor, the questions which he might ask and prepare an answer for it. Do a question/answer moc practice and try and make HUNCH for questions which the HO Rep can ask you ANY TYPE OF QUESTION (not even related to refusal), but usually to come clean they will only ask your questions related to the refusal, Only judge can ask you questions apart from refusal. Once the appeal is done if its a straight forward appeal the judge might tell you the results straight away if not then i will take from 1 to 2 weeks for the determination to come in the post.

Hope that answers the question if not then follow these links

http://www.immigrationboards.com/viewtopic.php?t=37543

http://www.immigrationboards.com/viewtopic.php?t=37055

[vinata]

Thanks Jack199. Your post is very helpful.

[koor]

@Syed: Congratulations!

My case has also been 'allowed' by the Tribunal. Now I am wondering what to do next... If I am not wrong I don't have to pay the application fee this time, and that I will have to submit only my passport to UKBA for the stamp. Do I have to fill in an application and submit other documents along with my passport?

Any advice in this regard will be much appreciated.

Thank you! Muchas gracias! Merci beaucoup!

koor thanks and congratulations to u as well..
now u hv to wait for HO, they will just ask for ur passport and photographs for stamping visa...no need of submitting any form or paying fee to HO now...but nobody knows how long it gonna take...hopefully we and all others who r waiting for visas will get them soon
regards

Many thanks Syed for the fruitful information - much appreciated. I very much hope that you get your visa very soon.
All the best!

[vinata]

Hi All,

Today my appeal was allowed. My balance was low on 2 separate ocasions, I based my arguments on the fact that I had additional evidence which covered the period of the shortfall.

The hearing lasted for about 10 min, I was only asked a few questions and then the judge said she would send the decision over the next 10 days by post. However, I received it in just a couple of days.

I was represented in court, but since my case was very straightforward, the barrister didn't talk a lot. But I still felt the legal help was necessary because my solicitors helped me to prepare my case in the best possible light. As a result I felt confident and was positive about the outcome.

Thanks a lot to you, guys, as well as your posts were extremely supportive and encouraging. I wish you all get your visas soon!

And a very very big thank you to Jack199. You are a star!

[jack199]

You are welcome mate. Any help to anybody would be a small gesture from me. Its nice to know that all help and advice paid off, and thats the main thing and CONGRATULATIONS.

[sandeep123]

hi syed,

Please let us know the status of ur application with dates like when u get confirmation letter from AIT, letter from HO for passport and finally u get ur passport back with stamping. I really look forward for ur upates as i m sailing in same boat although i have my hearing next week.

thx
sandeep

Dear all members,

got refusal on maintenance basis in may 2009, as my bank statement was 10 days short to complete the 90 days period(i ordered my 3rd month bank statement a bit earlier as my visa ws expiring and i had to apply for extention)

day before yesterday i had the hearing and the argument was, that my bank statement covers required balance before and after 10 days of application,
good news is that the judge allowed the appeal, he said its a straight forward case and was upset with HO on making such decisions. HO's respondant never turned up...i am happy and thanks to all members who supported me during this period, and hope that HO will not appeal against the decision.
and another thing can any one tell me what would be the start date of visa when it will be stamped?
thanks

[syed ali]

hi syed,

Please let us know the status of ur application with dates like when u get confirmation letter from AIT, letter from HO for passport and finally u get ur passport back with stamping. I really look forward for ur upates as i m sailing in same boat although i have my hearing next week.

thx
sandeep

Dear all members,

got refusal on maintenance basis in may 2009, as my bank statement was 10 days short to complete the 90 days period(i ordered my 3rd month bank statement a bit earlier as my visa ws expiring and i had to apply for extention)

day before yesterday i had the hearing and the argument was, that my bank statement covers required balance before and after 10 days of application,
good news is that the judge allowed the appeal, he said its a straight forward case and was upset with HO on making such decisions. HO's respondant never turned up...i am happy and thanks to all members who supported me during this period, and hope that HO will not appeal against the decision.
and another thing can any one tell me what would be the start date of visa when it will be stamped?
thanks

yes sure so far i have just got the determination letter from AIT,
but my updates till now r as below
applied for visa(IGS-PSW) 23-02-2009
got refusal 05-05-2009
hearing day 26-06-2009
recieved determination 09-07-2009

[sandeep123]

Hi Syed,

thx for ur reply. Any tips u want to give me for hearing day they are most welcome. As my refusal was on fund maintenance which is not true at all. i got the original statements again from the bank and also got the letter from branch manager mentioning i have maintained 800 pound for required period.

I notice one thing that HO didnt sent me bank statements neither original nor copy in the documents.

did they sent u back the bank statements?

thx
sandeep

hi syed,

Please let us know the status of ur application with dates like when u get confirmation letter from AIT, letter from HO for passport and finally u get ur passport back with stamping. I really look forward for ur upates as i m sailing in same boat although i have my hearing next week.

thx
sandeep

Dear all members,

got refusal on maintenance basis in may 2009, as my bank statement was 10 days short to complete the 90 days period(i ordered my 3rd month bank statement a bit earlier as my visa ws expiring and i had to apply for extention)

day before yesterday i had the hearing and the argument was, that my bank statement covers required balance before and after 10 days of application,
good news is that the judge allowed the appeal, he said its a straight forward case and was upset with HO on making such decisions. HO's respondant never turned up...i am happy and thanks to all members who supported me during this period, and hope that HO will not appeal against the decision.
and another thing can any one tell me what would be the start date of visa when it will be stamped?
thanks

yes sure so far i have just got the determination letter from AIT,
but my updates till now r as below
applied for visa(IGS-PSW) 23-02-2009
got refusal 05-05-2009
hearing day 26-06-2009
recieved determination 09-07-2009

[syed ali]

Hi Syed,

thx for ur reply. Any tips u want to give me for hearing day they are most welcome. As my refusal was on fund maintenance which is not true at all. i got the original statements again from the bank and also got the letter from branch manager mentioning i have maintained 800 pound for required period.

I notice one thing that HO didnt sent me bank statements neither original nor copy in the documents.

did they sent u back the bank statements?

thx
sandeep

hi syed,

Please let us know the status of ur application with dates like when u get confirmation letter from AIT, letter from HO for passport and finally u get ur passport back with stamping. I really look forward for ur upates as i m sailing in same boat although i have my hearing next week.

thx
sandeep

Dear all members,

got refusal on maintenance basis in may 2009, as my bank statement was 10 days short to complete the 90 days period(i ordered my 3rd month bank statement a bit earlier as my visa ws expiring and i had to apply for extention)

day before yesterday i had the hearing and the argument was, that my bank statement covers required balance before and after 10 days of application,
good news is that the judge allowed the appeal, he said its a straight forward case and was upset with HO on making such decisions. HO's respondant never turned up...i am happy and thanks to all members who supported me during this period, and hope that HO will not appeal against the decision.
and another thing can any one tell me what would be the start date of visa when it will be stamped?
thanks

yes sure so far i have just got the determination letter from AIT,
but my updates till now r as below
applied for visa(IGS-PSW) 23-02-2009
got refusal 05-05-2009
hearing day 26-06-2009
recieved determination 09-07-2009

my refusal ws based on maintenance as well as u can see my prior posts for detail....ur case looks pretty straight forward as mistake was made from HO's side...at my hearing day the respondant from HO never turned up and i think on ur hearing date he wont come as well, coz he wont be having much stuff to argue...and u will be fine...so no worries
be confident and good luck
regards

[koor]

Dear all,

As mentioned earlier, my appeal was allowed and I received the letter from AIT in this regard on 4 July 09. However, today I have received another letter from AIT that UKBA has launched an application for review of the Tribunal's determination and that further information will follow very soon.

It appears that there will be another hearing. Since, my case was pretty straightforward I did not have a representative/lawyer on behalf of me during the previous hearing. The judge's previous recommendations and conclusions favor my case from all aspects. My appeal was based on maintenance funds.

Now I need your advice please. Do I need to hire a lawyer/representative or conduct the case on my own as I did last time? What would happen in the next hearing? Would it be same as the previous one? Same place, same judge? What do I need to prepare this time? Same documents, same arguments?

I will be grateful if you could provide me with any information in this regard.

Thank you in advance!

[vinata]

It is sad. What were the circumstances of your case? What additional evidence did you submit? Please describe your case, otherwise it would be very difficult to advice.

[jack199]

could you please explain your case! nobody can give you right advice unless you explain your case in detail.

[koor]

Thanks much Jack and Vinata for your responses.

I applied in Nov 08 and received the refusal from UKBA in April 09 on the grounds I had a 'Bond' not savings account. I maintained my savings of more than £800 in a High Interest Deposit Bond at HSBC. However, when I spoke to the bank manager, about three months before submitting my application last year, he confirmed that this is a kind of savings account for a fixed term period and the money was available immmediately if I close this account. Also he issued me a letter on their letterhead clearly stating that the account is savings rather than a bond. On the basis of this proof I submitted my application to UKBA. The AIT judge also reiterated this argument in the determination, and subsequently allowed my appeal.

Please let me know if you need any further details.

Thank you!

[vinata]

Your issue is to prove you had a saving account and not a bond. I think nobody would be able to agrue about it better than yourself. And since you already know how to prepare your case for the hearinig, I think you should do it on your own. Solicitors are very expensive, they will charge you about £1,000, but still may not be able to produce a valid argument.

You now need to wait for a copy of HO submission to the court where you can see why they applied for the reconsideration. After you know their grounds of re-appeal, you can plan your further actions. However, at this point the HO can only agrue that the judge, who allowed your appeal, had made an error of law, and they cannot introduce any further arguments into the case. So, it will still be about the bond issue.

It would be nice if you could go to the bank and pick up their leaflet where this type of account is clearly explained. Also, you can get another letter from the bank confirming it was a specific type of a saving account, and also go to the internet and print out similar information from Barclays or Halifax (I am sure that the conditions should be pretty much the same) or even go to other banks and equire about it and collect their leafets.

For the hearing you will need to produce another witness statement where you can clearly explain your point and attach this additional explanation. Althouth you may not be allowed to introduce any new evidence at this point, such information should not be treated as a "new" evidence, but as an explanation of how this type of accouts operates.

Also, if you have any other account, even abroad, which covers the period 3 month before Nov 08, you can ask the judge to consider it as well, even thought it was not available at the time of the first hearing.

If such an acccount is not available, then simply do your search. Find as much information as you only can about bond type saving account and argue your case well in the court on the basis of this information. I am sure you will win it again.