Messed up maintenance- URGENT help. Reply ASAP.

tony_franklin · Post by **tony_franklin** » Tue Jan 03, 2012 1:10 pm

I'm starting this post on behalf of a friend who's applying for psw.

So here's what happened: He had kept funds starting from 5th of October. However, on the 30th of December, the account was closed by the bank. (He had apparently fallen for some sort of scam and the money they transferred was fake).

So he is 5 days short of the required period. He doesn't have funds in any other account so showing multiple funds is not a possibility. The bank did issue a letter stating that he had held the funds for so and so but fell for the scam and hence the account being closed. He also reported the case to the local police.

My question is: Is there a possibility he can still apply for the PSW at the moment? Would the letter from the bank help? Or if he tries getting a letter from the Mayor or so? Starting over with the funds is not a possibility as the PSW applications end on the 1st of April, 2012.

tony_franklin · Post by **tony_franklin** » Tue Jan 03, 2012 2:37 pm

Bump. I'm sorry but anyone with ANY info on how we may go about this, please input. Would highly appreciate.

Post by **Greenie** » Tue Jan 03, 2012 2:43 pm

Try being a bit more patient. If your friend wants urgent advice then he should pay a legal professional.

arsenal49 · Post by **arsenal49** » Tue Jan 03, 2012 2:46 pm

well, in my head it could work out like this...

you get the statement until 30 dec

you get the letter from bank stating why account was closed through no fault of the applicant

you submit a new statement from 30 dec to xyz date from the same bank

when these three documents are combined you should satisfy 90 day requirement...

im not a lawyer but thats a common sense approach to the problem.

also, once thats done... explain the situation to your local MP. get a supporting letter from him. attach it with your app

good luck

tony_franklin · Post by **tony_franklin** » Tue Jan 03, 2012 2:53 pm

arsenal49 wrote:
you submit a new statement from 30 dec to xyz date from the same bank

I'm sorry but I didn't quite get that bit. His savings account was closed completely off the bank. His current account remains though- but I don't suppose it has the minimum balance of £800 in it.

Moreover, the bank could confirm the info of the account being closed only today- as it was a bank holiday for the past few days.

arsenal49 · Post by **arsenal49** » Tue Jan 03, 2012 5:04 pm

i meant saving account + current account = 800£ for 90 days.

there will be a break, i understand that. but letter from the bank and local MP and a police certificate should be enough to convince caseworker of the reasoning behind this break.

again, this is my understanding and im not a lawyer. this SHOULD be enough evidence for caseworker to NOT reject your app based on maintenance criteria.

in my eyes, you will have a strong case to appeal ukba decision if they do reject your application

edit: his genuine money was transferred to the current account right? or am i missing something here

tony_franklin · Post by **tony_franklin** » Tue Jan 03, 2012 10:18 pm

Alright. Let me elaborate on what happened. He fell for a scam around early December. Was basically a job posting which he applied for. And the job involved some random person putting in cash to his account and he then transferring it to a 3rd person via Western union. He carried out one assignment of that job which involved £2000 of transferring. Yeah, looked pretty obvious but what's done is done.

And around the 29th of December, his account froze up. He called up customer care and they mentioned that no one was around to elaborate on the issue and advised him to visit a branch on the next working day- today. The branch manager told him that the cash added to his account was stolen or something- they froze his account and took the cash he had on it as well- £1300 of his PSW money. The bank then issued a letter stating that he had held the funds for 87 days after which he fell for the scam and the amount would have remained otherwise.

That's what happened. His genuine £1300 was retracted by the bank- into thin air. The police did mention that the bank wasn't supposed to do that and etc etc. Anyway, the police would be heading to his place tomorrow to get more details about it. Chances of getting the cash back maybe slim for him. But is there a workaround for him to get the visa under these circumstances?

arsenal49 · Post by **arsenal49** » Wed Jan 04, 2012 10:23 am

erm ok.

first of all, going through the spirit of the immigration laws i.e. maintenance requirement:

candidate is suppose to maintain 800 pounds for 90 days cuz that would prove to UKBA that candidate CAN support himself.

What you are saying is that he doesn't have access to cash funds anymore. thats pretty serious.

I doubt if its an immigration issue anymore as you really have to get your hands on 800 pounds first (at least) and then explain the whole story to ukba via police report and letter of MP.

Thats the best i can say on your case but you are ought to contact a lawyer as it is definitely one of the unique situation and requires a bit of careful planning to avoid rejection.

maybe any other senior members can help you with your issue.

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Messed up maintenance- URGENT help. Reply ASAP.

Messed up maintenance- URGENT help. Reply ASAP.