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appeal allowed

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

koor
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Posts: 7
Joined: Mon Jul 06, 2009 6:14 pm

Post by koor » Thu Jul 16, 2009 11:35 pm

vinata wrote:Your issue is to prove you had a saving account and not a bond. I think nobody would be able to agrue about it better than yourself. And since you already know how to prepare your case for the hearinig, I think you should do it on your own. Solicitors are very expensive, they will charge you about £1,000, but still may not be able to produce a valid argument.

You now need to wait for a copy of HO submission to the court where you can see why they applied for the reconsideration. After you know their grounds of re-appeal, you can plan your further actions. However, at this point the HO can only agrue that the judge, who allowed your appeal, had made an error of law, and they cannot introduce any further arguments into the case. So, it will still be about the bond issue.

It would be nice if you could go to the bank and pick up their leaflet where this type of account is clearly explained. Also, you can get another letter from the bank confirming it was a specific type of a saving account, and also go to the internet and print out similar information from Barclays or Halifax (I am sure that the conditions should be pretty much the same) or even go to other banks and equire about it and collect their leafets.

For the hearing you will need to produce another witness statement where you can clearly explain your point and attach this additional explanation. Althouth you may not be allowed to introduce any new evidence at this point, such information should not be treated as a "new" evidence, but as an explanation of how this type of accouts operates.

Also, if you have any other account, even abroad, which covers the period 3 month before Nov 08, you can ask the judge to consider it as well, even thought it was not available at the time of the first hearing.

If such an acccount is not available, then simply do your search. Find as much information as you only can about bond type saving account and argue your case well in the court on the basis of this information. I am sure you will win it again.
Dear Vinata, Thank you very much for your fruitful advice and guidance; I very much appreciate it. I will try to collate as much information as possible as per your advice. I am quite surprised that despite the judge's clear and straightforward remarks on the account and the relevant statements and letters from the bank, the determination has been challenged. Since I don't have any other account in any other bank or abroad, I have to rely on whatever I have from my current bank which is strong enough from every aspect.

I am truly indebted to you for your great help and encouragement. It is really a huge support for people like me who are in need of proper guidance.

Will keep you posted on the progress.

With warmest regards!

Gururaj
Junior Member
Posts: 55
Joined: Wed Jun 10, 2009 7:00 pm

Post by Gururaj » Fri Jul 17, 2009 7:22 pm

I completely agree with Vinatas advise. I dont think it could be quoted any better. I would still suggest you to get some legal help. There are free legal advises around and I would suggest you to get an appointement with them.

From your post I understand that it is a kind of savings account closer to a bond, right? Well does it have any statements like how much you intially got into this bond and the monthly interest or quaterly interest getting into it? Usually bonds don't come up with usual statements. So that could be one of the grounds that HO are appealing against. I beleive they would like to see the transactions as they are keen to know that the funds are in the account for the whole period, including days and hours. So you might as well think of getting a letter from your manager stating that the transactions are not reflecting as the amount was consistent and the interest was credited in regular intervals and that not a single penny has gone down during the whole period.

Finally as Vinata says carry with you all brochures regarding this savings account, a complete guide to this account. when you present it, I'm sure they would understand it pretty well... Good luck mate..
Guru

vinata
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Posts: 193
Joined: Wed May 20, 2009 1:27 pm

Post by vinata » Fri Jul 17, 2009 10:03 pm

Koor,

I also think you need to find a definition of the term "bond" in the reliable source (such as dictionary) and compare in the court this definition to the type of product you had your income from. I know that bonds are types of financial instuments which are sold on the open market and bear an interest coupon.

You need to prove you were not physically in the posession of a bond, but that you rather invested into the scheme provided by HSBC which earned you high interest. Therefore, since you were not in the posession of the actual financial instument (if you were then you had to have a certificate to this effect), this account cannot be treated as a "bond", but as one of the many types of saving accounts offered by the banks.

Show to the judge your client agreement with the bank and another letter from the bank stating how this type of saving accounts operate. And, as I said earlier, find similar information from other banks and also present it to the judge. You should be all right, so keep positive and do your search.

koor
Newly Registered
Posts: 7
Joined: Mon Jul 06, 2009 6:14 pm

Post by koor » Sat Jul 18, 2009 12:12 pm

Many thanks Vinata and Guru for your elaborate, and very useful comments and advice. In addition to what I have from my bank, I will certainly research into more indepth definition of the 'bond'. On several occasions, the bank folks told me that this is not an 'investment bond' per say rather a type of 'savings account'; hence provided me with a good letter. On the basis of this letter, I submitted my application. Otherwise I would not have dared to submit knowing that this could have led to loss of money and time. Also, this high interest account bore a proper savings account number and sorte code, and the interest was being paid on monthly basis. The bank not only issued me a letter stating savings account, but also issued another letter that I had immediate access to all my money should I wished. Nevertheless, it would be worth if I could further research into it as per your suggestion.

Once again thank you very much. I will keep you posted on further progress.

sandeep123
Newly Registered
Posts: 27
Joined: Thu Jun 04, 2009 5:02 pm

Re: appeal allowed

Post by sandeep123 » Tue Jul 21, 2009 2:42 pm

Hi Syed,

hope you are doing good. Any update on visa. Did u get any letter from HO. I won my appeal and got etermianatoion letter yesterday. what should be next step. please suggest.

Regards
Sandeep
syed ali wrote:
sandeep123 wrote:Hi Syed,

thx for ur reply. Any tips u want to give me for hearing day they are most welcome. As my refusal was on fund maintenance which is not true at all. i got the original statements again from the bank and also got the letter from branch manager mentioning i have maintained 800 pound for required period.

I notice one thing that HO didnt sent me bank statements neither original nor copy in the documents.

did they sent u back the bank statements?

thx
sandeep
syed ali wrote:
sandeep123 wrote:hi syed,

Please let us know the status of ur application with dates like when u get confirmation letter from AIT, letter from HO for passport and finally u get ur passport back with stamping. I really look forward for ur upates as i m sailing in same boat although i have my hearing next week.

thx
sandeep
yes sure so far i have just got the determination letter from AIT,
but my updates till now r as below
applied for visa(IGS-PSW) 23-02-2009
got refusal 05-05-2009
hearing day 26-06-2009
recieved determination 09-07-2009
my refusal ws based on maintenance as well as u can see my prior posts for detail....ur case looks pretty straight forward as mistake was made from HO's side...at my hearing day the respondant from HO never turned up and i think on ur hearing date he wont come as well, coz he wont be having much stuff to argue...and u will be fine...so no worries
be confident and good luck
regards

syed ali
Newbie
Posts: 43
Joined: Sun May 03, 2009 2:18 pm

Post by syed ali » Wed Jul 22, 2009 5:14 pm

@sandeep,
congratulations on winning the appeal, pls share ur hearing day experience in forum, my updates r same so far,hv'nt heard anything from HO or AIT yet,
lets see how things go in future
good luck

sandeep123
Newly Registered
Posts: 27
Joined: Thu Jun 04, 2009 5:02 pm

Post by sandeep123 » Wed Jul 22, 2009 6:39 pm

HI Syed,

Appeal was very straight. Again Home Office person didnt come. Judge said your statements clearly states that u have maintained 800 in ur account so I am allowing the appeal.

Should we call home office and folllowup ou case.

Thanks
Sandeep
syed ali wrote:@sandeep,
congratulations on winning the appeal, pls share ur hearing day experience in forum, my updates r same so far,hv'nt heard anything from HO or AIT yet,
lets see how things go in future
good luck

syed ali
Newbie
Posts: 43
Joined: Sun May 03, 2009 2:18 pm

got 1 yr visa(igs-psw)today

Post by syed ali » Fri Aug 14, 2009 6:39 pm

Dear all members
got PSW visa extended for 1 yr today after waiting for 6 months its valid untill Aug 2010
thanks all for the support throughout

kysonj
Newly Registered
Posts: 15
Joined: Fri Aug 07, 2009 1:03 am

Re: appeal allowed

Post by kysonj » Fri Aug 14, 2009 6:49 pm

The start date will be the day HO stamps your passport..you are lucky if u are initial applicant.
But if u are in transitional arrangements i dnt knw how it works.

sandeep123
Newly Registered
Posts: 27
Joined: Thu Jun 04, 2009 5:02 pm

Re: got 1 yr visa(igs-psw)today

Post by sandeep123 » Fri Aug 14, 2009 7:15 pm

HI Syed,

Please let me know when u got ur call in letter n when u send ur passport n finally when u get yr passport back. If possible please provide dates or weeks will be fine.

I havent hear anything yet, still waiting for call in letter. I am really worried now.

many thanks
Sandeep


syed ali wrote:Dear all members
got PSW visa extended for 1 yr today after waiting for 6 months its valid untill Aug 2010
thanks all for the support throughout

syed ali
Newbie
Posts: 43
Joined: Sun May 03, 2009 2:18 pm

Re: got 1 yr visa(igs-psw)today

Post by syed ali » Fri Aug 14, 2009 11:18 pm

sandeep123 wrote:HI Syed,

Please let me know when u got ur call in letter n when u send ur passport n finally when u get yr passport back. If possible please provide dates or weeks will be fine.

I havent hear anything yet, still waiting for call in letter. I am really worried now.

many thanks
Sandeep

Hi Sandeep,
actually my lawyer contacted me and asked to send him my passport(may be he rcvd call in letter) then he sent a letter alongwith my passport to the HO as they had 'nt appealed against the AIT decision to stamp the visa 2 weeks ago and got them back in 14 days...u can also ask ur solicitor to do so if u hd hired one for ur hearing.
good luck to u
syed ali wrote:Dear all members
got PSW visa extended for 1 yr today after waiting for 6 months its valid untill Aug 2010
thanks all for the support throughout

jagdish_10
Newly Registered
Posts: 25
Joined: Tue Jul 14, 2009 11:08 pm

URGENT ..Appeal on friday the 21st august ...advice required

Post by jagdish_10 » Sat Aug 15, 2009 12:13 am

I have been rejected on the grounds of shortage of maintainance for five days, it was a misunderstanding of submitting three months statement and the 90 days.... actually my statement starts from 11th to the 11th of the next month, so i started maintaining from the 11th of the march but my visa expired by 5th of june so i had a shortage of five days in the first statement. i have been working in the same job for the past two years and its a permanent contract, does this help with my appeal . i have the 800 pounds upto the date...what are the points that i put on myside when i am going for a oral hearing, i cant afford a solicitor i have to argue my case myself .... can anyone please help me with this problem please

sandeep123
Newly Registered
Posts: 27
Joined: Thu Jun 04, 2009 5:02 pm

Re: got 1 yr visa(igs-psw)today

Post by sandeep123 » Sat Aug 15, 2009 9:29 am

HI syed,

Did u send reply to my last post. Sorrry there is now text in it.

Look forward to listen fom you.

Regards
Sandeep


syed ali wrote:
sandeep123 wrote:HI Syed,

Please let me know when u got ur call in letter n when u send ur passport n finally when u get yr passport back. If possible please provide dates or weeks will be fine.

I havent hear anything yet, still waiting for call in letter. I am really worried now.

many thanks
Sandeep

Hi Sandeep,
actually my lawyer contacted me and asked to send him my passport(may be he rcvd call in letter) then he sent a letter alongwith my passport to the HO as they had 'nt appealed against the AIT decision to stamp the visa 2 weeks ago and got them back in 14 days...u can also ask ur solicitor to do so if u hd hired one for ur hearing.
good luck to u
syed ali wrote:Dear all members
got PSW visa extended for 1 yr today after waiting for 6 months its valid untill Aug 2010
thanks all for the support throughout

sarah_j_attaullah@hotmail
Newbie
Posts: 31
Joined: Mon Aug 03, 2009 3:19 pm

Same situation!

Post by sarah_j_attaullah@hotmail » Sun Aug 16, 2009 11:51 pm

Hi Ali,

I have the same situation like yours,but i am still awaiting my reconsideration hearing.Would that be possible if you can tell me how u explained ur point of before and after statment covering 90 days,as i have the same issue.also did ur bank manager gave you letter???

Kind regards

Sarah

abumbolina
Newly Registered
Posts: 1
Joined: Wed Sep 09, 2009 11:10 am

appeal question

Post by abumbolina » Wed Sep 09, 2009 11:12 am

Dear all - if a rejection is given based on not having £800 every day for 3 months, can I bring additional evidence to the hearing? For example, I am in a relationship (over 3 years) and we own a house together - can my partner prove that he has funds to support me or does it have to have my name on it?

pepegorima
Newly Registered
Posts: 6
Joined: Wed Jul 29, 2009 5:10 pm

Post by pepegorima » Wed Sep 09, 2009 12:48 pm

One thing you can do is this:

Go to your partner's bank and make the account a joint account with your name on it. Then after getting all that setup, do an internet printout for the last three months (or periods in question); your name will automatically be on the statement. Then go back to the bank and have them stamp and sign each page and then use this as evidence that you had the funds all along.

Technically this is not fraudulent as what belongs to your partner belongs to you; it just didn't have your name on it which is what HO requires.This should solve your problems.

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