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got the refusal

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

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rizash76
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got the refusal

Post by rizash76 » Tue Nov 02, 2010 3:34 am

Hi Guys,
I got the refusal and my maintiness fund fell short £10 for 4 days. i send my business statement to cover these days but they didn't aeccepted it. i fell short bcoz those days , bank did not issued card to me so i kept money in my business account. i have right of appeal.my question is, what are the chanses I have in appeal?
riz

mulderpf
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Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Tue Nov 02, 2010 3:42 am

I think your chances are pretty slim. Remember, appeal is there for when you believe that the immigration officer made a mistake. In this case you didn't comply with the requirements and you refused based on the rules. The appeal officer will work with the same set of rules.

rizash76
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Posts: 34
Joined: Mon Jul 26, 2010 3:01 am
Mood:
Pakistan

Post by rizash76 » Tue Nov 02, 2010 4:07 am

Yes, i know that, but i can argu that, bcoz of banks problam, i didn't put the money in my personal account istead i kept in my business account.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Nov 02, 2010 9:58 am

Appeal as maintenance funds may come from multiple cash fund accounts.
NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025 wrote:vi. However, until s.85A of the 2002 Act is brought into force (subsection 85(4)(a) of which stipulates that in respect of appeals in Points Based System cases the Tribunal may consider evidence adduced by the appellant only if it was submitted at the time of applying), it remains possible for appellants to satisfy the requirements of para 245Z(e) by providing on appeal evidence in specified form showing that they had £800 or over in personal savings for the period of three months immediately prior to the date of application.
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mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Tue Nov 02, 2010 1:06 pm

Vinny - he submitted business statements which weren't in his name (I assume??? So they don't comply to the requirements).

Rizash - you are making the bank's problems the appeal officer's problem.

I would definitely appeal, but don't get your hopes up - I'm just being realistic here. You weren't refused because the visa officer didn't do their job properly, you were refused because you didn't comply to the rules (despite having excuses for this - rules are rules to them regardless of the excuse).

mrnngmist
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Posts: 15
Joined: Fri Aug 20, 2010 3:05 pm

Post by mrnngmist » Wed Nov 03, 2010 10:45 am

10 POUNDS you may be having in some other bank account in uk/ any other countries all over the world. show specified statements covering those 4 days to prove that you had 10 more pounds at your disposal (as per the exchange rate if that is the case) in an account in your name along with the appeal. Just for those 4 **** days. You qualify as the law requires. STUPID IMMIGRATION SYSTEM

rizash76
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Posts: 34
Joined: Mon Jul 26, 2010 3:01 am
Mood:
Pakistan

Post by rizash76 » Thu Nov 04, 2010 12:40 am

my business debit card says Tandoori nigths + my name as well.

mrnngmist
Newly Registered
Posts: 15
Joined: Fri Aug 20, 2010 3:05 pm

Post by mrnngmist » Thu Nov 04, 2010 8:47 am

The bank statement should contain your name. You have 10 days to appeal after receiving the refusal decision. Better consult a specialist immigration lawyer / solicitor at the earliest. They can help to find the way out; not much difficult case anyway.

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