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UKBA seems to suggest something different.yankeedoodle wrote:I finished studying in June 2010, and my student visa is quite rare in the fact that they gave me until January 2011 until it expired. I asked my visa advisory council at uni, my boss confirmed with ukba and english courts that I would be eligible to work 40 hours a week during the period before PSW and leave of university. This was all confirmed okay and legit. Of course, while I was a student, I did not exceed the 20 hour a week maximum.
You stopped studying in June 2010 but submitted your application in (end of) January 2011? Hope the confirmation you received on the matter - working 40 hours is okay and legit - was in writing.Can you work while you are a Tier 4 (General) student? wrote:If you have completed your course and you apply to remain in the UK under the points-based system before your existing permission to stay expires, you can work full-time (within the above limits) until your application is decided.
sushdmehta wrote:UKBA seems to suggest something different.yankeedoodle wrote:I finished studying in June 2010, and my student visa is quite rare in the fact that they gave me until January 2011 until it expired. I asked my visa advisory council at uni, my boss confirmed with ukba and english courts that I would be eligible to work 40 hours a week during the period before PSW and leave of university. This was all confirmed okay and legit. Of course, while I was a student, I did not exceed the 20 hour a week maximum.You stopped studying in June 2010 but submitted your application in (end of) January 2011? Hope the confirmation you received on the matter - working 40 hours is okay and legit - was in writing.Can you work while you are a Tier 4 (General) student? wrote:If you have completed your course and you apply to remain in the UK under the points-based system before your existing permission to stay expires, you can work full-time (within the above limits) until your application is decided.
1. Your application was refused on valid grounds as u did not have the required amount.yankeedoodle wrote:Hi guys,
Looking for some help/advice here.
I got the rejection letter for my Tier 1 Visa PSW on the "maintenance of funds section". I had the £800 in my account for 93 consecutive days. I included a bank statement giving evidence of this. However, I accessed the funds a couple weeks before I sent the visa off, so it dipped below the £800 mark for about 2 weeks on the bank statement. So what they did, is rather than doing October (start of funds/bank statement) to January, seeing the 93 days, they went from end of January (statement end) and worked backwards, thus leaving me about 2 weeks short of the 90 day required period.
So, I sent an appeal stating my grounds, hoping that they saw the err in their ways. I even included a copy of the UKBA visa guidelines and the direct page outlining that there "needs to be £800 in account for 90 days", not even stating a time period. Other people have told me it can't drop below £800 a month before, and even in this case, it only dropped a couple weeks before.
I guess what I'm asking is, will the hearing go in my favour or have I missed out on something? With the whole point of the exercise of having these funds to prove as financially stable, should I bring paylsips (been making £1400-£3000 a month for the past 9 months in a very good office job) to add to my case?
Help would be very great
Thanks
yankee
AIUI, a vacation is one when you are in the midst of (on-going, not yet completed) educational programs but are off-term with no tutorials being undertaken / conducted. Not sure if time spent after completing a course can be termed as a "vacation". But that's just my interpretation of "vacation", in context.Greenie wrote:I am not sure that the UKBA seems to suggest something different.
There wouldn't be a need for such a statement if UKBA were to take the view that a student could work full-time in the time period between completion of course and expiry of visa.Tier 4 (General) policy guidance wrote:262. If a student, having completed his/her course, makes an application for leave under the Points Based System before his/her existing leave expires, he/she will be permitted to work full-time, within the limits described above, until his/her application is decided.
Please see Comprehensive Guidance for Employers on Preventing Illegal Workingsushdmehta wrote:AIUI, a vacation is one when you are in the midst of (on-going, not yet completed) educational programs but are off-term with no tutorials being undertaken / conducted. Not sure if time spent after completing a course can be termed as a "vacation". But that's just my interpretation of "vacation", in context.Greenie wrote:I am not sure that the UKBA seems to suggest something different.
As per Tier 4 policy guidance, one cannot work-full time after completing of course unless he/she has submitted a leave to remain application.There wouldn't be a need for such a statement if UKBA were to take the view that a student could work full-time in the time period between completion of course and expiry of visa.Tier 4 (General) policy guidance wrote:262. If a student, having completed his/her course, makes an application for leave under the Points Based System before his/her existing leave expires, he/she will be permitted to work full-time, within the limits described above, until his/her application is decided.
IMHO ...
You can employ a student who is undertaking
a course of degree level study or above, or a
foundation degree course:
for up to 20 hours per week only during term
time; or
full-time only outside of their term time i.e.
during vacations and following completion of
their course; and
they must still have valid leave.
the quote from the tier 4 policy guidance merely confirms that if a tier 4 general student applies for further leave to remain under psw (or another category) before his tier 4 leave expires, he retains the right to work full time whilst his application is under consideration. Term time relates to when the student is studying. if the student has finished studying it is no longer term time for him or her.If you have immigration permission that extends for up to four months beyond the end of your studies, you can work full-time for that extra period once you have completed all your studies
So, the most recent statement should be no more than a month old?ash786 wrote:1. Your application was refused on valid grounds as u did not have the required amount.yankeedoodle wrote:Hi guys,
Looking for some help/advice here.
I got the rejection letter for my Tier 1 Visa PSW on the "maintenance of funds section". I had the £800 in my account for 93 consecutive days. I included a bank statement giving evidence of this. However, I accessed the funds a couple weeks before I sent the visa off, so it dipped below the £800 mark for about 2 weeks on the bank statement. So what they did, is rather than doing October (start of funds/bank statement) to January, seeing the 93 days, they went from end of January (statement end) and worked backwards, thus leaving me about 2 weeks short of the 90 day required period.
So, I sent an appeal stating my grounds, hoping that they saw the err in their ways. I even included a copy of the UKBA visa guidelines and the direct page outlining that there "needs to be £800 in account for 90 days", not even stating a time period. Other people have told me it can't drop below £800 a month before, and even in this case, it only dropped a couple weeks before.
I guess what I'm asking is, will the hearing go in my favour or have I missed out on something? With the whole point of the exercise of having these funds to prove as financially stable, should I bring paylsips (been making £1400-£3000 a month for the past 9 months in a very good office job) to add to my case?
Help would be very great
Thanks
yankee
2. The guidence clearly states that the most recent statement should not be more than 1 month old at the time of the application.
3. Others has already cleared about the caseworkers calculation of the 90 days which is the general guidence.
4. I will be very surprised to see if you win this appeal unless u can show that u had the required amount on the date of the application.
My 5 pence is that you have grounds for a appeal and a chance to be granted it.yankeedoodle wrote:ash786 wrote:yankeedoodle wrote:Hi guys,
So all in all, a couple clicks on a natwest dropdown menu have denied the right to live here? seriously, seems rather beauraucratic to make a refusal on these grounds. I mean, how lenient are the judges in repsect these sorts of things? A friend of mine had the £800 dip below for a couple days, and she still ended up being accepted as shed found a partner, unmarried albeit and had a kid.
No, at the end of my hearing she just said I'll get the decision mailed to me in 2 weeks... a friend of mine who's been through the same process (but for different Tier) said it took over a month for her to find out so I was very surprized when mine came in just 2 weeks later! And it's a loooooong winded letter, explaining what hapenned etc.etc. and why she decided what she did and the last statement was Appeal Allowed!yankeedoodle wrote:Thanks coco-nutty! I'll be humble and professional. Going to look at some law movies and prepare some speeches.. haha. I've accepted my fate either way, but I'm going to try and remain here, hate having to wait about 23 days before I find out thought! Do you find out instantly?
I thought as much but you just never knowyankeedoodle wrote:2 weeks wow. Least it gives me some extra time in country worst comes to worst. Well going to hope for the best! I'm American btw, clue is in the name