should I reapply or appeal after tier-1 (PSW) rejection??

[bipelenk]

On February 12, my application got refused due to maintenance funding.. I had 800pound for 1month so I had shown my father as a sponsor and enclosed his bank details.. But it doesn't work.. The deadline of appealing is 27th Feb. Now can I reapply though my visa expired on 31st Dec? Or should I appeal? And how long may it take?

[waltersky]

when (date) did you apply for your VISA exactly?

[bipelenk]

I applied on 23rd december

[alyssang]

you can only appeal if the HO offers you the right to do so. if it is only the maintenance funding documentation that caused the problem, then i think appeal will be better. submitting a fresh application will only incur you more money and you will be sending almost the same documents again.

if you are still unsure, best to get some legal advice about the matter through legal aid. good luck!

[RippedOff]

No don't appeal. You will lose because it is a "correct" refusal under the rules. Unless you decide to challenge the law/rule by way of judicial review you are wasting your time. If you have managed to have a 3 months balance of £800 then you can reapply within 28 days of the refusal, but this will be your last chance if your visa has expired, so try and get it right this time. Good luck.

[bipelenk]

thanks

[araamisz]

hey im gonna be applying for my visa in the next 2 or 3 days as my visa is gonna expire within a weeks time. but at the time of applying my maintenance fund period wud be short by a week ie- ive had 800+ in my acc. for around 82 days.. now going by the rules i shud expect a rejection whenever they send my passport back. but by the time it gets back its obvious that, the 800+ wud have been in my account for over 3 months then.. so if i re-apply then with new bank statements covering the 800+ funds in my account for over 3 months, wud they grant me a visa then?? can anybody plz help me out ???? thanks

[araamisz]

and sorry ppl.. i forgot to post that im currently on igs and applying for the transitional arrangement!

[vinoth7007]

No don't appeal. You will lose because it is a "correct" refusal under the rules. Unless you decide to challenge the law/rule by way of judicial review you are wasting your time. If you have managed to have a 3 months balance of £800 then you can reapply within 28 days of the refusal, but this will be your last chance if your visa has expired, so try and get it right this time. Good luck.

Hi

Please could you provide evidence, if available for the statement, 'you can reapply within 28 days of the refusal' as I couldn't find anything on internet on the same and even most of the solicitors said no to the same.

Many thanks

[Sonam]

One can only reapply after refusal if they have a valid visa left. If your visa expired and HO refused your application then appeal is the only solution.

However with appeal no one knows what would be the outcome or how long will it take to get your passport back?

[Lada24]

Hi,

I just got rejected on visa and now thinking of appeal. I didn't have 800 pounds in my account for 3 months, it was short between Oct 21-Nov 10.

My situation was that I didn't know about the required 3 months fund until I went to talk to Dean Student office at my university early November. I went to ask what I would need if I would like to apply for the visa and that was when I found out about the fund. I therefore asked my family to transfer the money into my account and it was late (my visa expired on Jan 30th so had to apply Jan 23rd). Before that I didn't keep a lot of money in my account and my family transfer money for my rent and bills monthly, plus I work part time and get paid in cash but I do have payslips of every months.

So in my case, if I appeal would it be possible if I would explain to them my situation and send them my payslips together my bank statement from Nov 10-Feb 10 with amount of money over 800 pounds?? Or any advices what should I do in my case? I have to send my appeal within March 10th.

Thanks!!

[Wanderer]

Hi,

I just got rejected on visa and now thinking of appeal. I didn't have 800 pounds in my account for 3 months, it was short between Oct 21-Nov 10.

My situation was that I didn't know about the required 3 months fund until I went to talk to Dean Student office at my university early November. I went to ask what I would need if I would like to apply for the visa and that was when I found out about the fund. I therefore asked my family to transfer the money into my account and it was late (my visa expired on Jan 30th so had to apply Jan 23rd). Before that I didn't keep a lot of money in my account and my family transfer money for my rent and bills monthly, plus I work part time and get paid in cash but I do have payslips of every months.

So in my case, if I appeal would it be possible if I would explain to them my situation and send them my payslips together my bank statement from Nov 10-Feb 10 with amount of money over 800 pounds?? Or any advices what should I do in my case? I have to send my appeal within March 10th.

Thanks!!

Pointless.

The PSW is a points based visa, the guidelines and app form document EXACTLY what the requirements are ergo both parties, applicant and UKBA tick the same boxes. You tick yours as you send the app off - the caseworker ticks the same when he/she checks the app. Visa granted, piece of p*ss.

You can only appeal if you can prove this hasn't happened, ie you've provided the required documents and the caseworker has missed one/ignored one wrongly.

By you own admission you've not provided the correct documents so tell me where are the grounds for appeal? The caseworker is 100% correct.

[Lada24]

Is there any other points I should come up with that might make my ground stronger then? Any advices?

[Wanderer]

Is there any other points I should come up with that might make my ground stronger then? Any advices?

No, there are none, you don't have a case.

[Lada24]

If I appealed and got turned down, would I still be able to apply for PSW visa from my country of origin?

[Diokpa]

If I appealed and got turned down, would I still be able to apply for PSW visa from my country of origin?

Your appeal will not get turned down if by the day of the appeal, you can show that you have satisfied the requirements for the visa category. i.e 800 pounds for 3 months. So YES you do have a case, if you need any help on preparing your case contact a lawyer. Email me if you need clarification.

[Lada24]

Cheers Diokpa, will PM you.

[czkhan]

Hello,

thanks for reading and replying to my querry in advance.

I made a post study work application under tier-1 visa category on 25th Sept 2009. I received all my documents today with the refusal letter dated 12th Nov 2009. My application was rejected on the ground of insufficient funds required for the minimum duration of 90 days. As such I manage to keep my balance above the minimum requirement of £800.00 from 28th Jun 2009 as of today (16th Nov 2009). Hence, if i would have made my application on 28th Sept 2009, it would have fulfilled 90 days requirement, but due to panic I applied 3 days before cos I didn't wanted the application to be received by home office after my visa would have expired on 30th Sept 2009. What should I do now?

1) Appeal against the home office's decision? (I don't know on what ground I can make my appeal since as per the rules when I made my application I didn't had sufficient fund for the required duration of 90 days and this fact doesn't change even when I appeal, although I have managed the balance above the required limit of £800 since 28th Jun 2009).

2) Am I allowed to make a fresh application despite the fact that my last visa expired on 30th Sept 2009?

If I reapply after my visa expired, will this affect my 10 years continuous stay in UK when I apply for my permanent leave to remain (I have been living in UK since Sept 2003)?