Urgent help: Upper tribunal refusal

[Asim.m]

Hi .,
I have been refused for permission to appeal upper tribunal on 9th january, i have 28 days to for fresh application (5 days left) but all documents are ready except my maintainance 18 days short of 90 days 900 pound. I have tried every posibble steps to over come this but no help. I have 2 options, if u give you personal view on these , will be great help.,
1. Apply for judicial review . ( i dont know time limit for apllying to this as i already pass 22 days )
i heard some saying i have 28 days left and some saying 14 days , i m confused. But if i apply to judicial review by this i can get ready of my staement documents and all by the time judicial refuse.
2. Applying to student and withdraw application after 20 days and do entrepreneur application,
but i am confused, that if i apply to student,i may be losing PSW status of 50K and may be i have to show 200K as turning to student category .. But still i am withdrawing b4 they take decision.
ahhhhhh., too much in mind , please help me with this situation as i am in 22nd day of permission to upper tribunal refusal .
Thanks

[mrjay]

My upper tribunal appeal refused as well on the 16th of jan but my documents was ready so i applied within a week. anyways for your application try to open a joint account with someone who is maintaining 900 for the last three months and as soon as you added on the account get a 3 months statement from the branch and attested it from the branch manager.

[Asim.m]

thanks for your reply.
I did tried that option but no1 to help me with that issue in overseas or in uk ., i tried every posibble steps and wasted 20 days after refusal. Dont know what to do.

[quantum1]

I don't think any of your options make sense.
1) Judicial Review. You have been denied permision to appeal, I don't think you will get permission for judicial review.
2) Apply and withdraw. Won't make a difference. It would be the same as not applying for student visa at all. There is no benefit from applying since sectiion 3C will not apply to you.

Think about what you want to achieve. What is your goal?

[Asim.m]

@quantum1
i made my mind to make fresh application as entrepreneur...,but i just want time ( 20 days) to complete maintainance points. To get that time , i need to what ? i know its gna refuse and i know student visa wont be point, but m i allowed to do appeal to JR or not ? thats the only my question

[rooney0511]

Hi .,
I have been refused for permission to appeal upper tribunal on 9th january, i have 28 days to for fresh application (5 days left) but all documents are ready except my maintainance 18 days short of 90 days 900 pound. I have tried every posibble steps to over come this but no help. I have 2 options, if u give you personal view on these , will be great help.,
1. Apply for judicial review . ( i dont know time limit for apllying to this as i already pass 22 days )
i heard some saying i have 28 days left and some saying 14 days , i m confused. But if i apply to judicial review by this i can get ready of my staement documents and all by the time judicial refuse.
2. Applying to student and withdraw application after 20 days and do entrepreneur application,
but i am confused, that if i apply to student,i may be losing PSW status of 50K and may be i have to show 200K as turning to student category .. But still i am withdrawing b4 they take decision.
ahhhhhh., too much in mind , please help me with this situation as i am in 22nd day of permission to upper tribunal refusal .
Thanks

I guess you should have had 50000 towards investment kept side for your initial visa. If you had that 90 days before use that statement towards maintainence and show latest 50000 statement towards investment. Explain carefully so that they do not misunderstand as we have geneinues working in the Home Office

[quantum1]

There is discretion on the 28 days if there are exceptional circumstances they will consider application made more than 28 days out of time.

[Olasunkanmi]

@ Asim.m, you can submit your fresh tier1 entrepreneur application now before the deadline and then extend the date of your biometric enrolment during which your 90days maintenance funds should be ready, then send the 90days statement of account with a covering letter as additional document. This way you will avoid the headache of applying for tier4 student and also you will have achieve the main objective of submitting your tier1 application within the time frame given.
The only issue now is if caseworker will consider your additional statement or not, and in my own opinion the HO rule states that any additional documents submitted before an application is decided should be used for reconsideration and also should be allow as evidence during appeal or JR. So my advice is to follow up with phone call to make sure that your additional documents get transferred to the caseworker before decision is taken on your case.
HO only advice that applicants should not send additional documents but there is no law that states that you cannot send additional documents.

[Olasunkanmi]

@ Asim.m, if your fresh application get refused, you wont get appeal right but you can go for JR.

[rooney0511]

@ Asim.m, you can submit your fresh tier1 entrepreneur application now before the deadline and then extend the date of your biometric enrolment during which your 90days maintenance funds should be ready, then send the 90days statement of account with a covering letter as additional document. This way you will avoid the headache of applying for tier4 student and also you will have achieve the main objective of submitting your tier1 application within the time frame given.
The only issue now is if caseworker will consider your additional statement or not, and in my own opinion the HO rule states that any additional documents submitted before an application is decided should be used for reconsideration and also should be allow as evidence during appeal or JR. So my advice is to follow up with phone call to make sure that your additional documents get transferred to the caseworker before decision is taken on your case.
HO only advice that applicants should not send additional documents but there is no law that states that you cannot send additional documents.

Hi Olasunkanmi,
Maintenance funds should be maintained before the application date and not more than 31 days. If you send a statement after the application is submitted with the dates covering after the application submitted it will be a definite Refusal.
Funds should be available before the application date and not after.

[babylondoner]

Hi Olasunkanmi,
Maintenance funds should be maintained before the application date and not more than 31 days. If you send a statement after the application is submitted with the dates covering after the application submitted it will be a definite Refusal.
Funds should be available before the application date and not after.

Rooney, you are right. Funds must be maintained for 90days prior to the application date and no more than 31days.

[Olasunkanmi]

@ rooney0511, Asim.m has a problem of not meeting the maintenance requirement for his application and need an option to avoid being an illegal immigrant, so his options will be either get an automatic refusal if he wait for maintenance fund to complete before applying as he will have overstayed for more than 28days OR he submit his application now with additional documents later which he can use in JR if refused.
My suggestion is not implying that he will be successful in his application but rather for him to minimise complication of his already complex case.

[ammar_riaz]

Dear Forum Mate, i read your full ad regarding your concern, Mate you can send your fresh application and send a note letter for your bank statement to your case worker,Be honest your case will be held until you are not going give your biometric so within this period of certain time you can submit your fresh bank statement before given your biometric. But if you really need expert advise go to good Barrister(sorry for solicitor) and pay the fee to get red of all of your confusions and issues.but i believed as i told you, you can submit your bank statement as long as you delay your biotmetric simple is that . otherwise call me back on this number please if you want to speak with me 07847202234
thanks kind regard

[quantum1]

There have been two options recommended to you:
1) Send application which does not qualify but is inside time limit
2) Send an application which qualifies but is outside time limit

I think option 2 is better. There is discretion on application of the time limit.

[rooney0511]

Hi Everyone ,

Those who have advised please note.

Your Maintenance should be on or before the date of your application. There is no way around it.
I have personally seen refusals for this reason, the person was short by 3 days and later on sent another statement but still got refused.

Previously there was a judgement that documents like Degree certificates ( PSW issue), Bank Maintenance IF produced before the decision date, they should be accepted.

However Home Office appealed this Judgement and the High Court ruled in favor of the Home Office and since then they do not accept anymore.

Please note I am only talking about Qualification Requirements like degree, Bank Balance statements and not Advertisements and Contracts.
If for some reason you have the availability and not able to send along with the application, you can send it later as long as those are dated before your application date.

I am saying this with good authority, because I have seen refusals in this regard.

The application says he has 50000 in his account since his first application, My advise is he use those statements for last 90 days as maintenance and another statement for 51000 towards investment + maintenance , his problem would be solved.
OR
Join with someone as a joint account holder, then take a printout of the statement get it stamped and send it.