account dipped from £800

[sarah_j_attaullah@hotmail]

Please advise me that my account dipped from £800 for about five days and my PSW under transtion was rejected.I am now in my reconsideration stage,

Could anyone inform me of any good solicitor who has already won maintainance cases.

Thankyou

Sarah

[monday]

HI
If you say yoy are now under reconsideration, does that mean you have gone for the first appeal and you lost?

[sarah_j_attaullah@hotmail]

[quote="monday"]HI
If you say yoy are now under reconsideration, does that mean you have gone for the first appeal and you lost?[/quote]

yes i lost my appeal and now preparing for reconsideration.

[ash786]

HI
If you say yoy are now under reconsideration, does that mean you have gone for the first appeal and you lost?

yes i lost my appeal and now preparing for reconsideration.

U would not win the reconsideration as it will be refused as u had appealed and it was rejected. Only option is to go bak home and maintain the required balance (£2800 single applicant).

[sarah_j_attaullah@hotmail]

HI
If you say yoy are now under reconsideration, does that mean you have gone for the first appeal and you lost?

yes i lost my appeal and now preparing for reconsideration.

U would not win the reconsideration as it will be refused as u had appealed and it was rejected. Only option is to go bak home and maintain the required balance (£2800 single applicant).

Hi what about judicial review,cos there are so many things which go against human rights as well.Its not just mainataince thg and secondly thats a rule which needs to be challenged,that even if it goes like five days down then your whole future and career is at stake and offcourse if one can maintain his or her self that why one is in UK.

[Blackwater]

Appeal process can be lengthy and may not yield the judgement you want.It is better to apply from home country with 2800 sterling which would be faster.Keep in mind that you have to apply within a year of graduation and appeal process eats lot of time.

[sarah_j_attaullah@hotmail]

[quote="Blackwater"]Appeal process can be lengthy and may not yield the judgement you want.It is better to apply from home country with 2800 sterling which would be faster.Keep in mind that you have to apply within a year of graduation and appeal process eats lot of time.[/quote]


another thg is that i am not a fresh applicant ,i was given visa under IGS and according to that i am eligible for one more yr under PST .Now if rules are messed up with the people who are applying in transition,they shoudlnt be allowed to spoil one future...Anyway let c

[vinata]

Hi Sarah,

My pws was refused as well because the daily balance on my account dipped down from the required level on two separate ocasions for about a week in total. I appealed and won as I had additional evidence which confirmed I had the required level of funds all the time during the period in question. However, I believe I was simply very lucky to have that additonal account, as I was totally unaware of this maintenance rule. I understand how frastrated you may feel, as this rule is a total disaster.

I have already spoken to my solicitor about a judicial review and she told me it is only possible to apply for it if you have already used all your chances with the high court and the House of Lords. So, if you wish, you now need to go to the end. Apply for a reconsideration, then - to the High Court, and then - to the House of Lords. If you are refused in all of those places, then you can apply for a judicial review. However, in according to the new rules, you must leave the country during the judicial review process, and someone else should represent you in court on your behalf.

If I were you, I would go for it. You can find people with similar problems on this forum, and you can apply for a judicial review together, as you can share the costs and the fact that more than one applicant have applied, may put more credibility on your cases.

In any case, it depends, how strong you are. Please remember, it may take up to a year in total before your judicial review, but you may be awarded in the end!

Please have a look at the following link, hope it would answer most of your questions.

http://www.hmcourts-service.gov.uk/cms/1220.htm

Whatever your choice would be, I wish you goodluck.

[sarah_j_attaullah@hotmail]

Hi Sarah,

My pws was refused as well because the daily balance on my account dipped down from the required level on two separate ocasions for about a week in total. I appealed and won as I had additional evidence which confirmed I had the required level of funds all the time during the period in question. However, I believe I was simply very lucky to have that additonal account, as I was totally unaware of this maintenance rule. I understand how frastrated you may feel, as this rule is a total disaster.

I have already spoken to my solicitor about a judicial review and she told me it is only possible to apply for it if you have already used all your chances with the high court and the House of Lords. So, if you wish, you now need to go to the end. Apply for a reconsideration, then - to the High Court, and then - to the House of Lords. If you are refused in all of those places, then you can apply for a judicial review. However, in according to the new rules, you must leave the country during the judicial review process, and someone else should represent you in court on your behalf.

If I were you, I would go for it. You can find people with similar problems on this forum, and you can apply for a judicial review together, as you can share the costs and the fact that more than one applicant have applied, may put more credibility on your cases.

In any case, it depends, how strong you are. Please remember, it may take up to a year in total before your judicial review, but you may be awarded in the end!

Please have a look at the following link, hope it would answer most of your questions.

http://www.hmcourts-service.gov.uk/cms/1220.htm

Whatever your choice would be, I wish you goodluck.

Dear Vianta,

thankyou so much for such an encouraging and supportive reply.I am definitely looking forward to go to higher courts.

Could you guide me about some charities who can help with the legal cost thing.I know being a foreign national,one cannot rely on benefits all legal aid.But i want to make sure before i reach high court level that how much it may cost me.Also i am already awaiting reconsideration hearing,which is next month and in case of dismissal again,how quickly you have to lodge your case to high court.

How new many people,similar to my situation,and there matters are stuck in the high court,still waiting their judgements.

I am really worried about my future as well,cos i was in the middle of my law degree and this hell maintaince rule has screwed up everything.thoug i will still persue it further.

But thankyou so much again.I appreciate alot.

Regards

Sarah

[ash786]

Appeal process can be lengthy and may not yield the judgement you want.It is better to apply from home country with 2800 sterling which would be faster.Keep in mind that you have to apply within a year of graduation and appeal process eats lot of time.

another thg is that i am not a fresh applicant ,i was given visa under IGS and according to that i am eligible for one more yr under PST .Now if rules are messed up with the people who are applying in transition,they shoudlnt be allowed to spoil one future...Anyway let c

Just read u post and would like to let u know that if u were under IGS before then u can not apply from u home country as its only allowed for the people with initial application. All the IGS applicants needs to be in the UK to apply for a further 1 year.

[vinata]

The cost of applying to the High Court is £400, I believe it could be higher if you go to the House of Lords (but not sure) and about £400 for a judicial review. So, in total you are looking at £1,200 - £1,500 in court fees only.

However, I wouldn't recomend you to use a free legal advice as no one would take any responsibility for the bad outcome in this case. So, it would be better to higher a solicitor. If you search over the internet, you should be able to find a good, but not a very expensive one. However, your solisitor would probably charge you at least £1,000 for each hearing or even more, depending on the solisitior.

But, please bear in mind, you cannot go to higher courts just because you feel the system has let you down. You need to have a proper argument, something like the marginal drop in day to day balances should not be panished as it doesn't represent the applicant's inability to support himself in the UK.

Also, you cannot rely on article 8 of Human Rights Act by insisting you have established family or private life in the UK and therefore should not be expected to leave. Being on a student visa or IGS does not allow a provision of a settlement in the UK and all your previous stays were granted on a temporary basis only. So, it is important to create a valid argument and a good solicitor should help you with it.

Also, browse past publications on this forum. People in your situation write here from time to time. You can send a private message inviting them to round up.

Hope this helps. Good luck.

[sarah_j_attaullah@hotmail]

Dear Vinata,

Thankyou so much for your reply.I really appreciate this.I am preparing for my reconsideration and i have prepared my mind about the outcome,that it may be refused again.

The thing is preceeding three months to my application,i was in full time employment and was receving more than £800 every month.My statments are a prove to this.I injected money in my account on the 28th Ocotber and it remain there until 27th January.According to this my three months preceeding time period is covering.Now judge rasied this issue that since my visa was expiring on 16th jan so proceeding three months ,that date should be 15th oct for the money to be shown in the acc.All i have to show that 15 days bank statment proving that i had £800.Which i had cos i was gettin paid but offcourse it never remained as same fixed amount.About that 15 days period ,my money was dipping down frm £800 but 7th of every month it showed that i was in regular income of more than £800.

I mean its ridiculous as i was well maintainning myself and still is and because of all this i cant put my future on stake.Apart from this i have good immigration history.

Hopefully i find myself some good lawyer.

Please also tell me how do you get hold of past publications on the same topic.

Thankyou again.

Kind regards

Sarah

[ash786]

Dear Vinata,

Thankyou so much for your reply.I really appreciate this.I am preparing for my reconsideration and i have prepared my mind about the outcome,that it may be refused again.

The thing is preceeding three months to my application,i was in full time employment and was receving more than £800 every month.My statments are a prove to this.I injected money in my account on the 28th Ocotber and it remain there until 27th January.According to this my three months preceeding time period is covering.Now judge rasied this issue that since my visa was expiring on 16th jan so proceeding three months ,that date should be 15th oct for the money to be shown in the acc.All i have to show that 15 days bank statment proving that i had £800.Which i had cos i was gettin paid but offcourse it never remained as same fixed amount.About that 15 days period ,my money was dipping down frm £800 but 7th of every month it showed that i was in regular income of more than £800.

I mean its ridiculous as i was well maintainning myself and still is and because of all this i cant put my future on stake.Apart from this i have good immigration history.

Hopefully i find myself some good lawyer.

Please also tell me how do you get hold of past publications on the same topic.

Thankyou again.

Kind regards

Sarah

The problem u got is that u can not apply from bak home as you are IGS and u can only make an application within the UK. The situation is that VINATA won the case as she presented additional evidence to cover the period she was short with. If you have another bank account or even a joint account with u name then u will definetely win the appeal as u will be able to demonstrate that u had the required amount. So if u have a another bank account even in u home country then u can use it. If not then i wish you gud luk for u reconsideration.