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Tier 1 - appeal/visa refusal due to insufficient funds

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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AAAA
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Tier 1 - appeal/visa refusal due to insufficient funds

Post by AAAA » Sun Jan 31, 2010 7:45 pm

Good evening,

Just want to find out whether it is worth to appeal in the following situation.
I have applied for visa extension under Tier 1 (General). (Before I have been staying here under HSMP for 2 years.)
I have got refusal on 28th of January because of insufficient funds on my account.
For 23 days I had less than 800 pounds on all my accounts.
However, I had provided documentation that I had in excess of 3-4,000 pounds for the rest of the 3 months prior to my application. I had also provided proof that I have got salary increase within the 3 months period.
My partner provided letter that he supported me in that time and for the future, but this letter was not considered.

According to the main objective of the Maintenance section of Guidance, I had to show that I am able to support myself without public funds.
Therefore I would like to base my appeal on the argument that I have not asked for public funds and, more importanly, I will be able to support my stay in the UK in the future without recourse to public funds.
Do you think that this is a valid argument for the appeal? Could you advise about some lawyer companies in London that are honest and have good reputation? Many thanks in advance for your help.

push
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Re: Tier 1 - appeal/visa refusal due to insufficient funds

Post by push » Sun Jan 31, 2010 8:47 pm

AAAA wrote:Good evening,

Just want to find out whether it is worth to appeal in the following situation.
I have applied for visa extension under Tier 1 (General). (Before I have been staying here under HSMP for 2 years.)
I have got refusal on 28th of January because of insufficient funds on my account.
For 23 days I had less than 800 pounds on all my accounts.
However, I had provided documentation that I had in excess of 3-4,000 pounds for the rest of the 3 months prior to my application. I had also provided proof that I have got salary increase within the 3 months period.
My partner provided letter that he supported me in that time and for the future, but this letter was not considered.

According to the main objective of the Maintenance section of Guidance, I had to show that I am able to support myself without public funds.
Therefore I would like to base my appeal on the argument that I have not asked for public funds and, more importanly, I will be able to support my stay in the UK in the future without recourse to public funds.
Do you think that this is a valid argument for the appeal? Could you advise about some lawyer companies in London that are honest and have good reputation? Many thanks in advance for your help.
Strictly speaking appeal is against the "application of rules as they are". What you are suggesting is challenging the rules which are put in place to implement the Act/Law. The problem is, if such an appeal is allowed then how do you tackle other appeals which may claim that he is well versed with English and therefore not be rejected because he did not provide IELTS score (the underlying theme being - he has wonderful command over the language irrespective of his IELTS score)

Long shot but what is the alternative?
regards,
push
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makon
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Post by makon » Wed Feb 03, 2010 11:49 am

Are you saying that you met all other conditions, including having the required maintenance funds for 3 months, and you were refused?

You should appeal. Having been here for 2 years without resorting to public funds should be in your advantage.

If you need assistance then let me know.

gotcha
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Post by gotcha » Wed Feb 03, 2010 12:07 pm

makon wrote:Are you saying that you met all other conditions, including having the required maintenance funds for 3 months, and you were refused?
No, he mentioned that, maintenance fund was short for 23 days.

tvn_ramesh
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Location: Sussex

Re: Tier 1 - appeal/visa refusal due to insufficient funds

Post by tvn_ramesh » Wed Feb 03, 2010 1:29 pm

AAAA wrote: For 23 days I had less than 800 pounds on all my accounts.
However, I had provided documentation that I had in excess of 3-4,000 pounds for the rest of the 3 months prior to my application. I had also provided proof that I have got salary increase within the 3 months period.
You completely misunderstood the rules and messed it up..

crowbar6
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Posts: 399
Joined: Tue Dec 11, 2007 5:33 pm
Location: London

Re: Tier 1 - appeal/visa refusal due to insufficient funds

Post by crowbar6 » Wed Feb 03, 2010 2:04 pm

tvn_ramesh wrote:
AAAA wrote: For 23 days I had less than 800 pounds on all my accounts.
However, I had provided documentation that I had in excess of 3-4,000 pounds for the rest of the 3 months prior to my application. I had also provided proof that I have got salary increase within the 3 months period.
You completely misunderstood the rules and messed it up..
Agreed. OP should submit a new application as the probabilities of the appeal getting accepted are negligible.
Regards,
crowbar6

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