Headed to tribunal...

[janeylee]

Hi guys,

I was recently denied my PSW on the basis of maintenance. I sent bank statements from April 10 to August 10. My April statement included the first few days of May, which is when I deposited the maintenance funds and I intended the 90-day period to start then. They began considering the 90-days from the first date on my statement, however, so I was refused. I am making an appeal to show that I did have to maintenance for 90 days.

I also sent in my printed e-statements (my bank does not issue printed statements). I was also denied because they said the statements were photocopies. After my refusal, I called my local bank branch and they confirmed that my printed e-statements are my official statements. After some cajoling, I got them to agree to print my statements from their office and send them to me. They look just the same, but will this be acceptable as it comes in a bank envelope? I can leave it sealed for the tribunal so they know I'm not faking it...

I think all of this will be okay. I'm worried because I put over 800gbp into a foreign account, but I'm afraid my funds might have fallen below 800gbp for a few days due to exchange rate. I transferred the funds thinking that if I had to do a wire to get at the money, I wouldn't push it and withdraw too much or have it dip below because of a direct debit.

I know now that this was probably the dumbest thing I've ever done. I have a job, I live with my British partner who is starting an undergrad course as a mature student next month. I have a contract on a flat until July 2011. I've built a life here and I'm so worried it's all going to be taken away (and my partner and I ripped apart) over a few quid's difference due to fluctuations in the exchange rate!

Any words of advice or reassurance? Should I just resign myself?

[ali2011]

I sent bank statements from April 10 to August 10. My April statement included the first few days of May, which is when I deposited the maintenance funds and I intended the 90-day period to start then. They began considering the 90-days from the first date on my statement, however, so I was refused. I am making an appeal to show that I did have to maintenance for 90 days.

Maybe I'm wrong, but I was under the impression that they very strictly begin counting the 90-day period from the END of the statement, i.e. the last day on the statement backwards, not the first date on the statement forwards? Surely this shouldn't be counted against you, if it's meant to be backwards - shouldn't they be essentially ignoring any information more than 90 days prior to the end of the statement/when they receive the application?

[potterbond007]

the border agency is playing with you.. in my case they counted it backwards and i was refused my visa when my funds dropped by 2 pounds on one day after i completed the 90 days period.. Clearly, they are just trying to find a way to refuse you.. Go for the tribunal and you should win it..

[vinny]

See also Personal bank or building society statements covering the three-month period immediately before the application.

[janeylee]

Thanks for the advice everybody. I'm still nervous, but will let everybody know what happens in the end. Get this - I make 2 quid too much to qualify for legal aid. So now I have to represent myself. I'll of course read back in the forums on how to do this, but if anyone has advice specifically for my case, any help is very welcome.

[joxiri]

@ poster
did you write a covering letter explaining when your 90 day period started