Rejection - Maintenance Fund dipped by £30 for 4 days -

[San252]

Hello there,
I applied for Tier1 general on 25th April2013 and got response from HO stating that they could not give me 10 points for my maintenance as it fell below £900 between 19 FEB 2013 till 25th FEB 2013 and hence refused my application with the right to appeal.

I did appeal in AIT on the grounds that in the same time I did have more then £3000 in my savings account with the same bank and attached the copy of my savings account to support that.

I had the hearing today at AIT Hatton Cross. I was representing myself- thought this would be a straight forward case as I did have enough funds in the same period. However HO presenting officer came up with something that I didn't expect - she goes if I have filled the application form myself and have ticked the box on page 30 which says that I have £900 for consecutive 90 days then why didn't I submit my savings account statement then. I just responded by saying that I understood that it is considered on monthly average for the 3 months and also in pasts there has been couple of times when I have applied for student visa extension or even my PSW where my funds may have fallen below the required mark for couple of days but there has not been any issue with that. Also I added that in my current account statement it clearly shows that on 18th FEB 2013 £200 where transferred to my savings account which actually caused my current account balance to fall below £900 mark. But since I was in possession of £900 all the time regardless of which account they were in, I do fulfill the HO requirement of maintenance funds.

The HO presenting officer said something about some sections like under section 90...I may have to reapply or something like that (Not sure of that legal language) and then the Judge said that under the same section her hands are tied.I requested that my appeal should be allowed as I was in possession of £900 - to which she said that her decision is reserved and will be sent in 10 working days or so.

Can any one please explain to me what these all mean and what chances do i stand to get my appeal accepted. Also what options do I have should it go against me, although I don't see the reason why...ANY HELP would be highly appreciated. Many thanks in Advance

[vinny]

I'm afraid that they've made the Immigration Rules and appeals very rigid and consequently unfair in PBS cases.

Let's hope that the judges can find a loophole to help you out.

[San252]

Hi Vinny,
Thanks for your post, however it would be great if you can, if possible, give me some more insight into this, as in what will be my options now, if worst comes to worst and Judge decides to dismiss my appeal, which would not be fair or acceptable, can I then appeal against this in the upper tribunal...Also do you think that I can still be hopeful in terms of judge making decision in my favor - please let me know as much as you know...many thanks

[vinny]

I think that the Immigration Rules have become overly complicated and possibly incomprehensible. The restriction of evidence in PBS appeals is inherently unfair. Therefore, the biggest abuser of the Immigration Rules appears to be the UKBA.

The Immigration Rules seem to treat both applicants and caseworkers as automatons.

For a shortfall of £30 for 4 days, (especially if they knew about your savings account in an earlier application then) they could have requested more clarification/information, for the price of a postage stamp. Considering the cost of the application, it seems so disproportionate for them not to make any effort in contacting you before refusing.

[closer25]

Hello there,
I applied for Tier1 general on 25th April2013 and got response from HO stating that they could not give me 10 points for my maintenance as it fell below £900 between 19 FEB 2013 till 25th FEB 2013 and hence refused my application with the right to appeal.

I did appeal in AIT on the grounds that in the same time I did have more then £3000 in my savings account with the same bank and attached the copy of my savings account to support that.

I had the hearing today at AIT Hatton Cross. I was representing myself- thought this would be a straight forward case as I did have enough funds in the same period. However HO presenting officer came up with something that I didn't expect - she goes if I have filled the application form myself and have ticked the box on page 30 which says that I have £900 for consecutive 90 days then why didn't I submit my savings account statement then. I just responded by saying that I understood that it is considered on monthly average for the 3 months and also in pasts there has been couple of times when I have applied for student visa extension or even my PSW where my funds may have fallen below the required mark for couple of days but there has not been any issue with that. Also I added that in my current account statement it clearly shows that on 18th FEB 2013 £200 where transferred to my savings account which actually caused my current account balance to fall below £900 mark. But since I was in possession of £900 all the time regardless of which account they were in, I do fulfill the HO requirement of maintenance funds.

The HO presenting officer said something about some sections like under section 90...I may have to reapply or something like that (Not sure of that legal language) and then the Judge said that under the same section her hands are tied.I requested that my appeal should be allowed as I was in possession of £900 - to which she said that her decision is reserved and will be sent in 10 working days or so.

Can any one please explain to me what these all mean and what chances do i stand to get my appeal accepted. Also what options do I have should it go against me, although I don't see the reason why...ANY HELP would be highly appreciated. Many thanks in Advance

Hi

I was in a similar situation but this was in 2011 where the HO refused my application cos my bank statement was 4 days over the 28days mark when they received my application- I appealed against that decision and the judge allowed my appeal on the basis of common sense and the fact that it was just 4days over the date.........in my case as well the judge gave her decision a couple of days after the hearing.

am really hoping and praying your judge will see thru this and allow the appeal .....otherwise if you still have time on your visa then in the worst case scenario will be a reapplication.

[sagareva]

they are all referring to the new rules that came in effect last year, which basically say that you cannot introduce new evidence on appeal.

even though you had money in another account, you should have, just like that lawyer said, send in the statement from that account as well, they could consider more than one account. but everything needed to be submitted at the time of your application, or sent in to Home office before they made the original decision on the application.

the rule that you cannot introduce new evidence on appeal is now very strict. it was enacted as a matter of policy for people to stop using appeals to fix deficiencies in their original applications. surely you had money on another account, but how could they have known if you didnt submit that other account?

an appeal is about the application as it was submitted and available to HO at the time of consideration, and on whatever evidence you sent they made, essentially the right decision

an appeal is not about whether you deserve an extension overall. it's about the case you sent in.

you yourself told them that you thought they considered average balance which is not what the guidance says. basically it is clear you misunderstood the requirements and therefore did not send in correct paperwork. so, in the refusal they have not really made a mistake. how can a judge overturn their decision if it was made correctly?