Tier1 extension - refused

[gmuralik]

Hi Forum

I have received a letter from Home Office stating that my application has not been considerd because of not having sufficent previous earnings and Maintenance funds. But i do have both of them.

1For previous earnings, my accounts provided me with a letter but didnt sign and seal the payslips.

2. Maintenance funds - i had the funds on my Flexi saver account and also provided bank statements with my application. I have also post-it sticky stating that these bank statements for my maintenance funds.

They have rejected based on this, can i appeal? If i can, waht option that i should select? Do i need a lawyer for this? what is the timeframe with in i should appeal?

Pls help me.

[ChetanOjha]

Hi Forum

I have received a letter from Home Office stating that my application has not been considerd because of not having sufficent previous earnings and Maintenance funds. But i do have both of them.

1For previous earnings, my accounts provided me with a letter but didnt sign and seal the payslips.

2. Maintenance funds - i had the funds on my Flexi saver account and also provided bank statements with my application. I have also post-it sticky stating that these bank statements for my maintenance funds.

They have rejected based on this, can i appeal? If i can, waht option that i should select? Do i need a lawyer for this? what is the timeframe with in i should appeal?

Pls help me.

Can you write the exact phrase of the rejection letter? Also you mentioned your accountant didn't signed and stamped the payslips? What other documents for earnings have your submitted?

[gmuralik]

On 18th June we have received your application. In view of the fact that you have claimed 85 points under Appendix A, but the basis of the documents provided you qualify for 55 points. the secretary of state is not satisfied that you have achieved a min of 75 points.

In addition, you have claimed 10 points for maintenance funds but the documents you have provided do not demonstrate that you have been in possession of £800 for the period specified

I worked for another umbrella company but they have given with Signature and seal on their payslips which is accepted by Home office.

[ChetanOjha]

On 18th June we have received your application. In view of the fact that you have claimed 85 points under Appendix A, but the basis of the documents provided you qualify for 55 points. the secretary of state is not satisfied that you have achieved a min of 75 points.

In addition, you have claimed 10 points for maintenance funds but the documents you have provided do not demonstrate that you have been in possession of £800 for the period specified

I worked for another umbrella company but they have given with Signature and seal on their payslips which is accepted by Home office.

Did you provide proper proof of evidence for earning i.e. Original Payslips(or signed/stamped if printout) and bank statements?

Also regarding maintenance funds, did you checked that you have never went below the required amount in past 3 months. Not even for a single day?
I am missing something here?

[monday]

HI
I think your case should not be too difficult as you have described it. You seems to have everything but did not put them right on your application.
I will advice that you get all the documents right again, get stamped and get a letter from the company again re-confirming these documents and submit with the appeal.
I think you should go ahead with the appeal ( if you have the right to appeal HO would have sent the AIT-1 form to you.) Your ground of appeal could be ' The descretion under the immigration rules should have been exercised differently"

[gmuralik]

Hi,thank you.

How can i make appeal? Should i draft a letter to them first? i am not really sure about the process? could some one explain me who has gone through this process? also if they can provide a number i can speak to them

Thanks

[monday]

HI

You have to decide first if you want a solicitor to represent you or not, then follow this steps. Please read carefully

IF NOT SURE YOU WANT A SOLICITOR FOR NOW
1. Fill the appeal form AIT-1 sent to by HO
2. Check the box :No representative
3. If you have a new evidence you can send with the form, if not it will go with the withness statement later
4.make sure the forms gets to AIT before the deadline date on that form
5. You will get a letter from the AIT usually within 2 weeks for hearing date
6. As soon get the letter and you now decide you want a representative, look for a solicitor, who will atten to the issues requested for by the AIT ( such as preparing a withness statement and sending evidences to be relied upon by the judge to the HO representative and the AIT)
7. Your representative will now send a letter to the HOR and AIT that he will be representing you on that day.
8. Finally i will advice you get a solicitor who can write a strong withness statement for you as this can influence the decision to an extent. You can also get a solicitor before sending the form.
Hope you have a fair knowlege about the appeal now

[gmuralik]

Many thanks Monday. Gives me some confidence that i can do my self. Can i reach you by phone if possible? or is there a website to get more information.

Again many thanks

[erpfresh]

hi,

you said that u have shown flexi-saver a/c as proof of maintenance funds, even though there were enough funds ,they rejected.

my question is whether we can show flexi saver a/c as a proof for maintenance provided we have enough funds and that it is operative with at least a single transaction since 3 months.

seniors please throw light on this

[gmuralik]

Hi all, Just an FYI. Even though it was my mistake for not filling up the appliaction form in first instance. Can i still make an appeal?

What happend is, i have made Self Employment and i havent included the second evidence in my application. Clearly it was not Homeoffice mistake?

I am worried whether i can appeal?

Also please can you share any templates if anyone has experienced before?

[ChetanOjha]

hi,

you said that u have shown flexi-saver a/c as proof of maintenance funds, even though there were enough funds ,they rejected.

my question is whether we can show flexi saver a/c as a proof for maintenance provided we have enough funds and that it is operative with at least a single transaction since 3 months.

seniors please throw light on this

Yes you can use it for maintenance funds. Get a letter from bank along with bank statements saying that you have maintained the amount in bank and it never went below the required amount in last 3 months.

[ChetanOjha]

Hi all, Just an FYI. Even though it was my mistake for not filling up the appliaction form in first instance. Can i still make an appeal?

What happend is, i have made Self Employment and i havent included the second evidence in my application. Clearly it was not Homeoffice mistake?

I am worried whether i can appeal?

Also please can you share any templates if anyone has experienced before?

If you are given right to appeal, you can. Regarding second evidence, there are ample threads in this forum who have submitted additional evidence during appeal due to the fact that they didn't understood the HO requirments of documents in first instance.

[gmuralik]

thank you. where can i get the templtes?

What is the process for appeal?

[gmuralik]

Just got an email from the consultants, here are the charges.

initial consultation - £100 + vat
-lodging your appeal with Grounds - £300 + vat
-assisting with the appeal preparation - £300 + vat
-representation at Court - £500 + vat

Or

The total package is £100 + VAT

they say that my case is very strong and i can win the appeal but they have to do loads of things to make my case positive.

now i am even more confused because i am just thinking shouild i take my own chance to represent myself or go through with these ppl?