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Does somebody come 2 represent 'Home Office' on the hearing?

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

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bwaqas
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Does somebody come 2 represent 'Home Office' on the hearing?

Post by bwaqas » Mon Aug 17, 2009 6:41 am

And one more thing...

God forbid, if the result of the hearing goes against me, how much time will I get to leave the country?

Thanks a lot.

Waiting for the answer to both questions...

cheryl99
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Post by cheryl99 » Mon Aug 17, 2009 12:13 pm

Yes, though not always, in my case the HO didnt attend the hearing, though it was a straightforward case. You have 28 days from the time of the appeal refusal to leave, but have faith, things could go well!

bwaqas
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Post by bwaqas » Mon Aug 17, 2009 12:21 pm

do u mind telling me, what was ur case?

cheryl99
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Joined: Thu Feb 05, 2009 6:31 pm

Post by cheryl99 » Mon Aug 17, 2009 12:33 pm

My case was that the Home Office were not satisfied with my proof of qualifications, I had sent a letter with all the required information, however, the letter said that the certificate had been issued (the university always says that because the certificate had already been awarded).

So I didnt receive 20 points for my qualification, 20 points for my institution of study and 10 points for english language. I appealed on the grounds that the decision maker made an error, as my certificate was not with me at the time of application ( The uni had sent it to my permanent home address and it hadnt arrived yet), so I sent what was asked for in the policy guidance.

It was very unecessary and the HO admitted that there had been a mistake, however, because it reflects badly on them if they reverse their decision without going to the AIT, they refused to do so, so we went forward with the appeal. On the hearing day, I was with my solicitor, the HO didnt attend, and the cases in that court had no HO representation. I think because if it is straightforward, like proving you had met all the requirements at the time of application, you will be fine.

Is your case maintenance?

bwaqas
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Post by bwaqas » Mon Aug 17, 2009 12:59 pm

it is indeed a case of maintainance.

YOU NEED TO BE PATIENT TO READ ALL THIS, BUT PLZ DO READ IT AS ITS QUITE IMPORTANT FOR ME... THANKS

I normally get the statements by the 20th of every month and my 20th May statement was suppose to be the last one in which I was expecting to finalise the 3 months of maintaining 800 GBP.

On the 22nd of May, I was shocked to see it through an online banking that some 349 was taken out from my saving account on the 18th of May. Just 2 days prior to the final statement.

It was 8 in the evening so I couldnt speak to someone in the bank about this transaction which said 'AS ADVICED' against it.

Before I could do anything else, I straightaway transfered 400 pounds into my account from another account and told me dad to send me 400 pounds as I had taken out 400 from my daily need account to fill the gap in the account which I had been using for funds maintenance.

When I spoke to the bank, they said they took out the Credit Card statement and never accepted that they have done that without informing me about it.

Cause if they had done that and I knew that in advance, I could have asked my dad to send 1300 pounds in my maintenance account rather than in the account which was overdrawn some 1100 pounds. :(( I had asked for my dad for 1300 pounds for covering my overdraft and all that. I could have waited for 5 days until the 20th of May and could have transfered all the money into my account which was overdrawn.

But since I wasnt aware of this action by the bank therefore, I never bothered to put any extra money in the account which I had been maintaining.

Now, my university and a friend's solicitor told me that I am suppose to show them that between 18th and 20th of May, I had available funds of 349 somewhere else.

The stupid part for me is that during those 2 days, I have the available balance of 1100 something but that is from the account which is overdrawn some 100 pounds but had 1300 pounds deposited into it from abroad (my father).

What I am planning to say in front of the tribunal is that I never knew about these actions of my bank.

I would tell them that during those 2 days, I had an available balance of 1100 in the other account.

If they (which I think is very likely) say that that money was an overdraft money and wasnt your money then I would tell them which is the truth that if I knew that the money will go out, I could have easily asked my dad, who, on the 14th of May, had sent me 1300 pounds in my overdrawn account, to send that money in my account which I was maintaining to show to the Home Office.

Or, I could have easily transfered 350 from my overdrawn account into that account which I did 3 days later when I found out about it. Also, on the 24th of May, my dad has again deposited 400 in my account since I had taken out that money from my overdraft account... So availibilty of the funds was not a problem at all and the only problem was that I was unfortunate, not to know that the money will be taken out, 2 days prior to the final day of my statement.

Thank you very much once again for the patience and I hope you understand what had happened with me.

Kindly comment and tell me what do you think of my case?

Regards

Waqas

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