spouse sponsorship refused.is there any hope to win appeal ?

Rubablu · Post by **Rubablu** » Fri Oct 26, 2012 8:21 pm

My tier 4 extension refused because my spouse( dependent and livening with me in uk) was sponsored me. How it can be that my spouse can not me ? They gave me right of appeal within 10 days. Is there any hope to win if I go for appeal ? Please help.

Post by **Lucapooka** » Fri Oct 26, 2012 8:59 pm

If you are referring to a situation where your funds are being held in your wife's account rather than yours, it would be a correct decision to refuse the extension and not something that could be appealed. A joint account in both your names is, however, permitted.

http://www.ukba.homeoffice.gov.uk/polic ... appendixc/

13. Funds will be available to the applicant only where the specified documents show or, where permitted by these Rules, the applicant confirms that the funds are held or provided by:

(i) the applicant (whether as a sole or joint account holder); and/or

(ii) the applicant's parent(s) or legal guardian(s), and the parent(s) or legal guardian(s) have provided written consent that their funds may be used by the applicant in order to study in the UK; and/or

(iii) an official financial sponsor which must be Her Majesty's Government, the applicant's home government, the British Council or any international organisation, international company, University or Independent school.

rothmans · Post by **rothmans** » Sat Oct 27, 2012 10:13 am

If your current visa hasn't expired, you may do a fresh application, if it is expired and UKBA gave you the right to appeal, get a sponsorship letter from her, if she is willing to pay for your study and sort out a good case. Appeal time is very short though, if you don't act now, you will be considered an over-stayer after 10 days from receiving the decision... I would appeal get some sort of new evidence.. I am in a similar situation btw.. goodluck

Post by **Lucapooka** » Sat Oct 27, 2012 11:00 am

rothmans wrote: I would appeal get some sort of new evidence

New evidence that post-dates the decision to refuse is not permitted. Evidence that existed before the decision, but was not provided, is permitted. In this particular case, this evidence would be limited to a bank statement in the name of the applicant or his parent rather than his wife (because his wife can't stand in for him as previously indicated). Additionally, it would have to show that the money was held for 28 days prior to the date of the decision to refuse. I imagine that if the person who began this thread had been in possession of this document, he would have used it, rather than relying on his wife's account.

A new application with new evidence may be possible, but can't be later than 28 days from the date of receipt of the refusal. This would not give sufficient time to start holding funds in his name for a 28 day period.

Post by **Greenie** » Sat Oct 27, 2012 2:55 pm

In fact in PBS appeals new evidence is not permitted even if it existed at the time of the application, so even if the op were able to provide a bank statement in joint names the judge would not be able to consider it.

Rubablu · Post by **Rubablu** » Sat Oct 27, 2012 5:41 pm

I have an FDR which is matured six months before the application and money is still there. I did not submit the FDR because they might be not accept. Can I use the FDR as proof of my maintenance fund ? Can I take a letter from my bank that my money was there or I can just use the FDR ? Please let me know.
My solicitor said I can get a letter from bank to show that money was there.

Post by **Lucapooka** » Sat Oct 27, 2012 5:50 pm

Well, if Greenie's comments are correct ( and they will be) the answer is likely to be no.

Rubablu · Post by **Rubablu** » Sat Oct 27, 2012 8:03 pm

Greenie wrote:In fact in PBS appeals new evidence is not permitted even if it existed at the time of the application, so even if the op were able to provide a bank statement in joint names the judge would not be able to consider it.

I want to try with that FDR as my solicitor said it will work. If I loose what will be the next option ? Can we do fresh application ? Or fresh application will be refused as our visa already expired on 30th aug ?

Post by **Lucapooka** » Sat Oct 27, 2012 8:24 pm

Perhaps your solicitor is not familiar the changes to the PBS appeal procedures (as, indeed, I was until Greenie enlightened me).

Post by **geriatrix** » Sat Oct 27, 2012 8:34 pm

Applications for leave to remain under Tier 4 of the Points Based System that are decided on or after 1 October 2012 will fall for refusal if a student has overstayed for more than 28 days, unless there were exceptional circumstances which prevented him/her from applying within the 28 day period.

You'll become an overstayer the 10 days timeframe to appeal ends. If you wish to make a new application then you must do it (latest by) 28 days from that day on.

1. You cannot appeal and make a new application. You can only do one thing.
2. If you make a new application after becoming an overstayer, an out of time application will not make your stay legal. You'll remain an overstayer until the day your out of time application is approved.
3. You will not get a right of appeal if your out of time application is refused.

Rubablu · Post by **Rubablu** » Sun Oct 28, 2012 10:59 am

I want to appeal first. If I loose in appeal then I will make a fresh application. My question is can I get 28 days time after I loose the appeal ? Please let me know.

Rubablu · Post by **Rubablu** » Fri Nov 02, 2012 10:59 am

Rubablu wrote:I want to appeal first. If I loose in appeal then I will make a fresh application. My question is can I get 28 days time after I loose the appeal ? Please let me know.

Can any body help me on above ?

krisVisa · Post by **krisVisa** » Sat Nov 03, 2012 1:59 pm

An appeal can take time, you appeal not to buy some time...If by chance, you lose appeal, I think you have eaten all your time.

Rubablu · Post by **Rubablu** » Sun Nov 04, 2012 4:55 pm

krisVisa wrote:An appeal can take time, you appeal not to buy some time...If by chance, you lose appeal, I think you have eaten all your time.

That means I can't do fresh application after appeal ?

Post by **geriatrix** » Sun Nov 04, 2012 7:31 pm

You cannot make a new / fresh application for leave to remain when an appeal is pending.

Rubablu · Post by **Rubablu** » Sun Nov 04, 2012 8:40 pm

sushdmehta wrote:You cannot make a new / fresh application for leave to remain when an appeal is pending.

I said after appeal if my appeal is unsuccessful.

Post by **geriatrix** » Mon Nov 05, 2012 1:34 am

Rubablu wrote:I said after appeal if my appeal is unsuccessful.

No, you did not!

Rubablu wrote:That means I can't do fresh application after appeal ?

Anyway, in answer to what you have "now" said:
You may be able to apply for leave to remain within 28 days of your final appeal being refused. Read Addendum 6 -> Sub-section 5 of the Tier 4 policy guidance.

Rubablu · Post by **Rubablu** » Sat Nov 17, 2012 10:54 pm

Thanks

Miketoms · Post by **Miketoms** » Tue Feb 26, 2013 7:03 am

I have learned much.

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spouse sponsorship refused.is there any hope to win appeal ?

spouse sponsorship refused.is there any hope to win appeal ?