Tier 1 extension rejected because of insufficient funds

[shivap]

Hi All,

I received my rejected Tier 1 general extension application today(5th Sept 2009) and my HSMP visa has expired on 28th Aug 2009.

I would really appreciate some advice on how to proceed and hope that my experience can prevent this happening to someone else
Please note that the rejection was the result of my own stupidity and not a UKBA oversight and my HSMP has since expired.

Summary of my application:
Qualifications: previously assessed (30 points)
Previous earnings: 45 points
UK experience: 5 points
Age: 20 points
English language: previously assessed
Maintenance funds: 0 points
"You have stated that you are in possession of at least £800 of personal savings.

"The evidence supplied shows that the closing balance of account
fell below the specified requirement of £800 on several occasions during the period 25th april to 24th July 2009.

As such no points have been awarded in this area, in line with published guidance"


I had closing balance over £ 4000. But I missed out the below line in guidance.
"If you are applying from within the United Kingdom, the balance must show that you have had at least £800 in your account
at all times over the three-month period."
http://www.ukba.homeoffice.gov.uk/worki ... intenance/

I had another saving account(ISA) having a balance of atleast £3000 for the whole period. But I did not submit this as the evidence as
I thought my current account eveidence will be sufficient.

The rejection letter goes on to say:
"You no longer have any right to stay in the UK and unless you inform us now of any reasons
why you think that you should be allowed to stay in this country, you must leave as soon as possible.
If you appeal, you do not have to leave the UK while the appeal is in progress [blah, blah].
If your appeal is unsuccessful, or if at any time during the proceedings you wish to abandon your appeal and leave the UK,
you will need to contact your local enforcement office. If you do not wish to appeal, you must telephone your local enforcement office within 10 days of the date of this refusal noticeâ€

[push]

1. Appeal by providing the new evidence(MY ISA account statements)
2. Is there a possibility of making a fresh application now that my Visa has already expired?(visa expired on 28th august)

That's really unfortunate. The only option you now have is to appeal. You should provide statement of ISA account this time. If you are unsure, seek legal help as this may be the only chance you have.

[shivap]

Thanks for you reply. I will try find a legal consultant from http://www.oisc.gov.uk/people_seeking_i ... ?region=LN

Please advice any consultants that you know off?
I also had a few more queries.

1. What are chances of this kind of appeals being successful?
2. How long does it take for the whole legal proceedings? Can I work while until my appeal is heard?
3. Also it was not my mistake that I receive the rejection after my visa expired. Because of their delay I lost the chance to make a fresh application with the new evidence.

[push]

1. What are chances of this kind of appeals being successful?

Have read about a number of cases on this board which indicated that the chances of success are very high and additional evidence is considered during such appeals.

2. How long does it take for the whole legal proceedings? Can I work while until my appeal is heard?

Search the forum for time lines. Your current leave to remain remains valid till your appeal is decided.

3. Also it was not my mistake that I receive the rejection after my visa expired. Because of their delay I lost the chance to make a fresh application with the new evidence.

Ya but its done now.

[seanjoe]

i have a friend of mine who had the exact same problem (mirror situation) of yours. if you want to get the info of the lawyer who helped him and won the case, please pm me.
Moderators, i hope this is ok, as i'm only trying to help.
thanks