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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Is this actually correct? I called the Home Office twice and asked about submitting new evidence - one person said it wasn't allowed and one person said it was completely fine.dahokolomoki wrote:...even though their official stance is still that you can't submit new evidence.
I find your case and this case similar because, I would claim this person also misunderstood requirement of maintenance funds and inspite of having enought funds maintained in other account he had submitted only one bank statement. Better get a lawyer to rephrase your case to the judge.inna wrote:Just to clarify - your bank statements that you submitted went under £800, but you have another bank account that had over £800 the entire 3 month period?
The case is a bit different to mine as you submitted evidence that wasn't adhering to their rules, but in my case I didn't actually submit the evidence as I misunderstood the 'different sources' part.
This bit of info from my 'determination' letter from the Judge might help:
"The appellant invokes LS (post-decision evidence; direction; appealability) Gambia [2005] UKAIT, but this is not evidence as a matter arising after the decision; it is simply material evidence that was in existence, but not adduced, at the time of application."
So supposedly my bank statements aren't even counted as 'new evidence', as they were in existence already.. but the Gambia case allows new evidence - which I imagine would be needed for your 'new' bank statement.
I wouldn't do this without getting a solicitor/lawyer - so if you were able to simply resubmit a new application, with the right bank statements, then I would do that. It is expensive to do another application, but at least you don't need to get pay even more than the application fee for a lawyer.
Is there any reason given for keeping your passport? Mine was sent back with my rejection letter.
Maybe so, but I feel there could be a difference between not submitting enough evidence (myself) and submitting evidence that doesn't qualify for the points (Pokie).chetanojha wrote:I find your case and this case similar because, I would claim this person also misunderstood requirement of maintenance funds...
There are many cases like this. I think he should be fine.Many people has got approval with the maintenance funds rejection for not submitting all evidences.inna wrote:Maybe so, but I feel there could be a difference between not submitting enough evidence (myself) and submitting evidence that doesn't qualify for the points (Pokie).chetanojha wrote:I find your case and this case similar because, I would claim this person also misunderstood requirement of maintenance funds...
What does your rejection letter say? What was the base of your initial rejection? Was it only maintenance funds or earnings as well?RM74 wrote:Hi Chetanojha, I am also in a similar position. I had applied for my HSMP Extension and it got refused. my visa expired on 12th June 2009. I had made an appeal and the case officer accepted my funds and granted points for the maintenance funds, but have not given points for my previous earnings. My query is can I make a 2nd appeal and as my visa has already expired, can I make a fresh application for the extension.
Are you given right to appeal in the rejection letter? Also...was your earnings not proper?RM74 wrote:The reason for refusal initially was based on the Maintenance Funds and Earnings. After I made an appeal points were granted for funds based on my explanations but for previous earnings points were not awarded.chetanojha wrote:What does your rejection letter say? What was the base of your initial rejection? Was it only maintenance funds or earnings as well?RM74 wrote:Hi Chetanojha, I am also in a similar position. I had applied for my HSMP Extension and it got refused. my visa expired on 12th June 2009. I had made an appeal and the case officer accepted my funds and granted points for the maintenance funds, but have not given points for my previous earnings. My query is can I make a 2nd appeal and as my visa has already expired, can I make a fresh application for the extension.
It's Horses for Courses...fahadz1 wrote:I AM SUPRISED HOW COME THEY SAY LEAVE THE COUNTRY AND YOU DONT HAVE RIGHT TO LIVE DUE TO MAINTENEACE FUNDS ??
YOU ARE A HIGHLY SKILLED PERSON HOW COME THEY SAY THIS IN LETTER. SENIOR MEMEBERS PLEASE PUT SOME LIGHT ON THIS CASE I NEVER HEARD FROM ANY ONE THAT TO GO BACK.
LAST MONTH MY FRIEND GOT RUFUSAL ON IGS APPLICATION DUE TO MAINTENCE FUNDS BUT HE HAVE GIVEN RIGHT TO APPEAL AND LETTER DOES NOT SAY TO GO BACK ?
You can't do this. Not as a visitor in the UK.Pokie wrote: 2. Ring the local enforcement office, get my passport back, jump on the Eurostar and come back into the UK as a visitor and submit a new application (most likely option)
Appeal and provide your ISA statementshivap wrote:Hi,
I am in a similar situation as yours.
I have received a Tier1 rejection letter because of insufficient funds in my current account.
However i do have another saving account(ISA) having sufficient funds. But i did not provide this as a evidence with my application.
My visa expired on 28th aug 2009 and i have received my passport and rejection letter today(5th Sept 2009).
Can you please let me what did you do?
You can directly mail me at mrityunjaycs@yahoo.co.in or call me on 07896048698.
Many thanks in advance.
Jay