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IGS to PSW - oral hearing?

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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Nicky09
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IGS to PSW - oral hearing?

Post by Nicky09 » Fri Jul 17, 2009 10:16 am

Hello all,

My transitional IGS to PSW application has just been refused on the grounds of maintenance funds.

Here is what the letter says:
- You have stated that you have been in possession of at least £800 of personal savings for the required 3 month period immediately prior to submission of your application.

- The evidence of these savings is not acceptable because you have failed to provide the actual bank statements which accompanied the front sheets you have provided. Full original bank statements must be provided for the required period.

- Therefore no points have been awarded in this area, in line with published guidance.
My visa has now expired, so I am going to appeal. I am planning to argue that in my understanding, the statement pages I did provide prove that I had over £800 on my account for every day of the 3 months. It is easy to see that from the statement: if it says, for instance, that I had £4000 at the beginning of the month, withdrew £1000 and paid in £1500, then it is clear that the account was always well in excess of the £800. I am obviously going to send the remaining pages of the statements showing all the transactions as extra evidence.

My question is: does this look like a straightforward case, given that I have a full-time job, have had money for the whole period and just failed to provide the detailed break-up of the statements? It looks from the other topics that most people prefer an oral hearing to simply sending the documents with the appeal form - is that considered to be the preferred option?
And one last question: where do the hearings happen? Is it London?

jack199
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Re: IGS to PSW - oral hearing?

Post by jack199 » Fri Jul 17, 2009 10:29 am

Well you made a mistake yourself by not providing the FULL statements! BUT i would suggest you to have a letter from the bank stating the balance for the last three months (get the opening balance and closing balance) and that the for the WHOLE of the last three months the balance did not drop below £800. I would also advise you to send your FULL bank statements and ask for a review by writting a covering letter. If you don't get a review then go for oral hearing. It is always a good idea to get oral hearing because you can state the facts.

I would also advise you to get some legal help (solicitor) as it would put some weight on your application. Make sure your balace stays above £800 ALL THE TIME, till the decision has been send to you. IT MUST NOT DROP BELOW £800 (NOT EVEN A SINGLE PENNY) FOR THE LAST 3 MONTHS AND EVEN TILL THE HEARING RESULT.

Hope that helps.

Nicky09
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Joined: Fri Jul 17, 2009 10:02 am

Post by Nicky09 » Fri Jul 17, 2009 10:41 am

Thanks a lot, this is very helpgul!
I will get a letter from the bank, although the statement pages I did send showed exactly that for each month:

Opening balance
Amount withdrawn
Amount paid in
Closing balance

which is why I sent just them in the first place. I know it was a mistake, all the more annoying because my wife got her IGS to PSW with just the front pages a couple of months ago without any problems.

I think the letter I got says that Tier 1 applications are not subject to administrative review, so I believe appeal is the only option.

jack199
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Post by jack199 » Fri Jul 17, 2009 10:54 am

I think that they want to see evidence that it did not drop below £800 (ALL TRANSACTIONS) so get a letter from bank and send full statements this time. You have a good chance of winning.

Hope that helps

Gururaj
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Post by Gururaj » Fri Jul 17, 2009 6:23 pm

jack199 wrote:I think that they want to see evidence that it did not drop below £800 (ALL TRANSACTIONS) so get a letter from bank and send full statements this time. You have a good chance of winning.

Hope that helps
I completely agree with Jack. It is better to get a letter drafted by your Bank Manager saying that you were always having a balance well above 800.00 for the period required by the application and you still carry the same till date. A simple letter would be effective enough.

Good luck. I am sure everything would go well.
Guru

Nicky09
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Post by Nicky09 » Fri Jul 17, 2009 8:42 pm

Thank you!
I've just been to the bank and they tell me that it will take a week to write such a letter :roll: . I will have to send the full statements with the appeal form and then bring the letter along to the hearing - I hope this works!

Gururaj
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Post by Gururaj » Fri Jul 17, 2009 8:53 pm

Nicky09 wrote:Thank you!
I've just been to the bank and they tell me that it will take a week to write such a letter :roll: . I will have to send the full statements with the appeal form and then bring the letter along to the hearing - I hope this works!
Week seems to be a long time. I hope you have the luxury of a week... Try convincing them or else approach another branch of the same bank. Sometimes the people working in the bank are not quite helpful. I have been through similar circumstances and the staff at other branches were much more approachable, understood my position and helped me out immediately. Anyways if you have time you relax and wait for the letter. Don't stress yourself.
Guru

Nicky09
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Post by Nicky09 » Sun Jul 19, 2009 12:52 pm

Thanks!
I have 10 business days (until 30 July), but I think I will send the documents w/o waiting for the bank letter, and then bring it to the hearing.

Does it help to send extra evidence, like the statements from another account, with the appeal, or should I be concentrating on the one acct which is disputed? (there is quite enough money there, I never even came close to £800)?

Nicky09
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Post by Nicky09 » Sun Jul 19, 2009 2:23 pm

And another question - do I need to enclose my passport and police certificate with the appeal form?

wait
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Location: London,England

Post by wait » Sun Jul 19, 2009 2:38 pm

no

Gururaj
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Post by Gururaj » Sun Jul 19, 2009 4:17 pm

Nicky09 wrote:Thanks!
I have 10 business days (until 30 July), but I think I will send the documents w/o waiting for the bank letter, and then bring it to the hearing.

Does it help to send extra evidence, like the statements from another account, with the appeal, or should I be concentrating on the one acct which is disputed? (there is quite enough money there, I never even came close to £800)?
As far as my knowledge on the hearing process goes, you cannot introduce new evidence without sending it to AIT and HO before the hearing date. Try to send the documents at the earliest, even if it is 3 days before the hearing.
Both parties cannot introduce any new evidence on the hearing date without disclosing it to the other party and AIT before the hearing date. I would suggest you not to take that risk..

You dont have to send you Passport and Police Certificate...
HTH
Guru

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