Post
by mistiq » Thu Oct 29, 2009 9:33 pm
Hello Folks,
I would really appreciate some help. I need it!
I came to UK to study my bachelor's in 2003. After Graduating I got IGS in June 2008 to July 2009. However when transitioning from IGS to PSW this July, I was refused on the ground of maintenance funds. The reason being, I was not aware about the new rule. However after finding about it, I rang Home Office to enquire whether it would affect me. Even the HO staff herself was not sure and after putting me on hold for 15/20 minutes, she came back with response that, it should not affect me as I am a transitional applicant. As a precaution, after finding about the maintenance fund rule in May, I pulled up my account above £800 at all time. I also mentioned that my whole family moved to England in 2006 and we have a family home here and I do not have to pay for rent and food. I also have a full-time employment. Nonetheless visa came rejected. Since then I have appealed. Went to court on 6th October 2009 unrepresentated. The judge was impressed how well I had documented my witness statements etc but adjourned the appeal hearing to allow me more time to find a decent lawyer who could point out some legal waiver. The judge was sympathatic on my case but he mentioned that his hands are tight. He also mentioned that since this Post-Study work visa/ Point-based system being new, he needs legal representative to help him, help me. Now my appeal hearing is on 13th Novermber 2009.
After rigorous search for good lawyer, I have basically given up now. They all said that there is no statute for Post-Study work. The new point based system is so rigid that it does not consider any circumstances. In my case, having whole family and house here it is absurd to prove £800 maintenance fund. If my family knew about maintenance fund rule, they are happy to give me £800 or any other help as they have paid more than £30,000 for my tuition fees here in England. Even the lawyers cannot guarantee me any success. Some even mentioned about re-submitting my application as I now have more than £800 in my account.
Having family, a house, full-time employment and savings here, if UKBA assumes that I am not able to support myself solely because of the April statements, I can only say that the purpose of maintenance fund rule does not determine my actual circumstances. I believe it has been the same for many other cases too. Hence I would like to point out that the purpose of maintenance fund rule has been nothing but a failure. Atleast in my case. I can state that their refusal was not in accordance with the law in the general sense. If they want to have their rules as black and white only, they are certainly discriminating people who falls in the grey catergory. One could say it is more rigid than a criminal justice. I definately fall under the grey category. When I was a student, my parents had to show enough fund to support my education. Now their UK bank accounts can not act as a guarantor, should I ever require any financial help from them. Living in the same house, my accomodation and food costs are minimal, yet these points are not considered for maintenance in point based system. The new system also ignores the IGS applicants who fail to switch from IGS to PSW.
There seems to be constant discrimination against the IGS. Transistional arrangement should have allowed all the IGS applicants to transition to PSW smoothly. Although it is classed as transitional arrangement, we have to apply again with new rules which were not needed previously, when we applied for IGS. I would like to point out why it is discriminating against the IGS applicants.
1. If somehow any IGS applicants fail to switch to PSW, they are not allowed to re-enter UK as you need to be within a yr of degree awarded. (HO will not consider that you had expire a yr limit as IGS)
2. Under the PBS all other rejected applicants can re-submit their application even when their visa has expired APART from IGS.
Perhaps there are more catches.
Is there no way of challenging this discrimination? The reasoning just amazes me.. I am probably destined to fail.