TIER 1 APPEL (MAINTENANCE ) URGENT PLS

yemskey · Post by **yemskey** » Sun Mar 06, 2011 12:40 am

Hello, I have a an appeal hearing 21/03/2011. I submitted my initial appl 29 Nov 2010, refused Feb 26 2011, with a full right of appeal. I have already appealed, my concern is i have initally submitted my company bank statement with a letter from my accountant and bank to proof that i am in full control of the account and the only signatory to the account. i was however refused not haven considered this account at all and was hence short of 21 days across the required 90days. NOW in my appeal i have submitted bank statements (additional) not made available at the initail applctn. The ECO conisdered maintenance funds from 25/08/2010 to 03/11/2010. If my company statement is not allowed and will also not be considered by the jugde then the HO is right to refuse me. However i have Â£800 pounds now from 04/11/2010 to date (which is well above 3months). Do i have a chance of winning this case?????? Please reply Asap, i need advices.

yemskey · Post by **yemskey** » Sun Mar 06, 2011 4:56 pm

Pls reply, i need candid advice

Post by **geriatrix** » Sun Mar 06, 2011 8:44 pm

yemskey wrote:However i have Â£800 pounds now from 04/11/2010 to date (which is well above 3months).

You'll need to provide evidence that you had access to GBP 800 on the date of the application or, if the judge allows it, that you had the required amount on the date that a decision was made on your application.

Whether or not you have the money today is of no relevance.

regards

yemskey · Post by **yemskey** » Sun Mar 06, 2011 8:52 pm

Yes, i have evidence that i have the Â£800 pounds on the date of application and on the date a decision was made. My point is , is those 2dates the requirement for the appeal to be allowed or do i need to prove i have it for 90days ?

Post by **Greenie** » Sun Mar 06, 2011 9:09 pm

You must also have had the funds for 90 days.

yemskey · Post by **yemskey** » Sun Mar 06, 2011 10:05 pm

is that 90days before and plus the date of refusal decision, or 90 before the date of appeal? Thanks

Post by **Greenie** » Sun Mar 06, 2011 10:38 pm

You need to have met the requirements on the date of the application. I.e. Have had the funds on the date of the application and for a consecutive 90 day period ending no more than one month before the application Funds you have now or on the date of the appeal are not relevant.

yemskey · Post by **yemskey** » Sun Mar 06, 2011 11:07 pm

Yes that is why the applct was refused initially; right now i am looking at a way forward regarding the appeal, can i prove to the jugde that i have Â£800 pounds now? will the appeal be allowed? thats my question.

yemskey · Post by **yemskey** » Sun Mar 06, 2011 11:12 pm

i know i must have the funds for 90 days and not more than one calendar month before the date of application, however i did not and the applction was refused, now i have a right of appeal, can i not submit freash documents not availble on the date of application as a proof that i have Â£800?

Post by **Greenie** » Sun Mar 06, 2011 11:27 pm

You can submit new evidence but this must relate to the situation at the time of the application not new evidence showing you held the funds for 90 days after the application.

yemskey · Post by **yemskey** » Sun Mar 06, 2011 11:53 pm

so the new evidence will have to be from the date of application plus 90 days before that date? i was told that once i can proof that i have funds on the date of appeal and date of refuse then 90 days before this dates my appeal will go through is this right?

Post by **geriatrix** » Mon Mar 07, 2011 9:41 am

You must provide evidence that you met the specified immigration requirements on the day of the application.

e.g. - for maintenance funds, you must be able to provide evidence that:
1. you had access to GBP 800 on the date of the application, and
2. these GBP 800 were held by you continuously for a period of 3 months / 90 days, and
3. The statement issued by the bank for this (maintenance funds) purpose was dated within 1 calendar month preceding the date of the application.

regards

Post by **Greenie** » Mon Mar 07, 2011 9:46 am

i agree with sushdmehta

jami · Post by **jami** » Mon Mar 07, 2011 10:21 am

bank statement of later period would not be considered. your only hope is in business bank account statement (company account) that funds therein were available for maintenance - there is a precedence of appeal where business bank statement was considered for maintenance - that business account was on the name of person as well

yemskey · Post by **yemskey** » Mon Mar 07, 2011 10:26 am

so Guys, new evidences POST application date will not be accepted in an apply? It has to be evidences within the date of initial application and 90days after?

Post by **Greenie** » Mon Mar 07, 2011 10:31 am

yemskey wrote:so Guys, new evidences POST application date will not be accepted in an apply? It has to be evidences within the date of initial application and 90days after?

you have already been given a number of adequate answers to your question.

yemskey · Post by **yemskey** » Mon Mar 07, 2011 11:12 pm

there is no case or hope in this appeal, can i withdraw and reapply? i have fresh documents

jaff_000 · Post by **jaff_000** » Fri Apr 01, 2011 8:17 am

jami wrote:bank statement of later period would not be considered. your only hope is in business bank account statement (company account) that funds therein were available for maintenance - there is a precedence of appeal where business bank statement was considered for maintenance - that business account was on the name of person as well

Bit off the topic but are you the same person whos article is on the daily page about how the agricultural tax has not been paid since 2001?

yemskey · Post by **yemskey** » Fri Apr 01, 2011 9:24 am

NO I AM NOT SORRY!!!

jaff_000 · Post by **jaff_000** » Fri Apr 01, 2011 9:28 am

yemskey wrote:NO I AM NOT SORRY!!!

Not you I was referring to mr jami

bruteforce · Post by **bruteforce** » Fri Apr 01, 2011 10:42 am

if u can get hold of a bank statement with required funds for 90 days at the time of your application from overseas, then u still have a chance to defend ur case in the courts.

yemskey · Post by **yemskey** » Thu May 05, 2011 10:32 am

Appeal withdrawn
Made fresh in-country application
Application granted within 2weeks

Thanks all!!

kissmemissme · Post by **kissmemissme** » Thu May 05, 2011 12:37 pm

yemskey wrote:Appeal withdrawn
Made fresh in-country application
Application granted within 2weeks

Thanks all!!

Plz check ur pm

masterpeas · Post by **masterpeas** » Sat May 07, 2011 11:27 pm

yemskey wrote:Appeal withdrawn
Made fresh in-country application
Application granted within 2weeks

Thanks all!!

hello! Big congratulations!!!

I am wondering when did you send out your 2nd fresh application as the TIER1 G has been closed since 6th Apr. right? as I just did my hearing and am still waiting for answer from the Judge. but my case is really similar to yours. I did go for the hearing providing the totally new evidence. As I am really worried about the result, after reading your good news, I hope I can reapply as well....

please help.

waiting for your answer! thanks a lot!

Post by **geriatrix** » Sat May 07, 2011 11:43 pm

yemskey wrote:Appeal withdrawn
Made fresh in-country application
Application granted within 2weeks

Thanks all!!

Did the judge ask you to withdraw the appeal and instruct UKBA to consider a new the application? Or did UKBA tell you that if you withdraw the appeal they will reconsider a new application application?

Or you just withdrew the appeal and make a new application, which was subsequently granted.

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TIER 1 APPEL (MAINTENANCE ) URGENT PLS

TIER 1 APPEL (MAINTENANCE ) URGENT PLS

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