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Visa denied for tiny issue, appeal advise PLEASE!

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

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lizzyblue
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Location: Edinburgh

Visa denied for tiny issue, appeal advise PLEASE!

Post by lizzyblue » Sat Nov 29, 2008 11:01 am

Hello, I applied for a PSW visa in the middle of October and just received a letter of denial and appeal form along with my passports yesterday (28 Nov)! It was denied because the bank statement was not on the banks official letterhead! But it did have my name, account info, statement and banks stamp, date and branch address on it highlighted! I was advised to send that too because I was cutting it short on time and it would take up to 10 days to receive the letter headed statement! You would think for 400 pounds that would buy you a quick call asking why it's not letterheaded! But I requested a back-dated statement on letterhead and it will be here within 10 days as evidence that the one I sent was authentic.
Anyway, I am going to make an appeal but am wondering if anyone has had success without a solicitor or if it is necessary (or highly advisable) to have one? Also, there is an option to not have an oral hearing and I am wondering if anyone knows if one's chances are a lot higher with a hearing, etc.
I am trying to get the ball rolling on this as soon as possible so any knowledgeable advise would be so much appreciated! :shock:
I am planning on being in Germany too from the 24th of Dec to 4 Jan... does anyone know if the timing will work or if I will not be allowed to go? How soon is the hearing ussually held? And has anyone been granted appeal without hearing?
Thanks so much!
Lizzy, Edinburgh

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Frontier Mole
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Post by Frontier Mole » Sat Nov 29, 2008 11:08 am

Unless your current visa covers you beyond your return date from Germany you will not be allowed entry to the UK on your return.

As for appeals, even administrative reviews take a couple of weeks, going to formal appeal takes months.

You do not need a solicitor for such a simple matter. It is either accepted that you have the proof of funds or it is not accepted. A solicitor holding up a bank statement does not suddenly make it some better than you holding up the same statement.

lizzyblue
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Post by lizzyblue » Sat Nov 29, 2008 11:15 am

Frontier Mole wrote:Unless your current visa covers you beyond your return date from Germany you will not be allowed entry to the UK on your return.

As for appeals, even administrative reviews take a couple of weeks, going to formal appeal takes months.

You do not need a solicitor for such a simple matter. It is either accepted that you have the proof of funds or it is not accepted. A solicitor holding up a bank statement does not suddenly make it some better than you holding up the same statement.
Ok, thanks. Yes, it does seem like a pretty straight-forward appeal. I am going in to the Citizens Advise Bureau on teus and hoping they can confirm this for me before I make the appeal. I need to wait to my new statement to arrive too, so that I can attach it to the appeal, correct?
Also, I don't mean to be untrusting but have you been through a similar situation or are you authorized to advise on the subject. I just need to make sure I am making properly informed decisions as there is a lot on the line for me if the appeal is denied. Thanks so much for your help and time :)

lizzyblue
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one more thing

Post by lizzyblue » Sat Nov 29, 2008 11:17 am

Another thing I should mention is that though the statement I provided had the 800 needed, I no longer have this. But I am hoping they would only check the balance at time of application?

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Frontier Mole
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Post by Frontier Mole » Sat Nov 29, 2008 3:26 pm

I don't mean to be untrusting but have you been through a similar situation or are you authorized to advise on the subject
I am not authorised to give advice as I work for the "other" side. I have dealt with a good number of PSW cases at appeal.
Your case circumstances are very common, have a look on the forum you will find numerous other posters in the same position.
The PBS caseworkers follow a tick sheet process, if any one part fails it all fails, it is the nature of the process. You have failed to submit a suitably authorised banking document in the eyes of the caseworker; your application therefore fails to meet the criteria. Overly simplistic you might feel but none the less it is the applicant that has to prove the documents not UKBA.

rahilnaz
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Re: one more thing

Post by rahilnaz » Sun Nov 30, 2008 1:15 pm

lizzyblue wrote:Another thing I should mention is that though the statement I provided had the 800 needed, I no longer have this. But I am hoping they would only check the balance at time of application?
Hello Lizzy,
I am in same situation as urs. My statement was also internet printout with bank stamp but they did not accept it. Although following guideline http://www.ukcosa.org.uk/student/index.php clearly explains that these kind of statement acceptable.
I have hired solicitor to do appeal on my behalf.

Nazir
Dundee

rahilnaz
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Re: one more thing

Post by rahilnaz » Sun Nov 30, 2008 1:19 pm

lizzyblue wrote:Another thing I should mention is that though the statement I provided had the 800 needed, I no longer have this. But I am hoping they would only check the balance at time of application?
Get proper statement and highlight dates you had on internet statement which you sent to HO with ur origional Appliation

lizzyblue
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Re: one more thing

Post by lizzyblue » Sun Nov 30, 2008 1:22 pm

rahilnaz wrote:
lizzyblue wrote:Another thing I should mention is that though the statement I provided had the 800 needed, I no longer have this. But I am hoping they would only check the balance at time of application?
Hello Lizzy,
I am in same situation as urs. My statement was also internet printout with bank stamp but they did not accept it. Although following guideline http://www.ukcosa.org.uk/student/index.php clearly explains that these kind of statement acceptable.
I have hired solicitor to do appeal on my behalf.

Nazir
Dundee
That's what I was afraid of. I can't afford a solicitor and am hoping I can do a paper hearing without representation. I have ordered a back-dated statement on letter-head paper to prove that mine was legitimate. Mine wasn't even printed online it was in the bank branch, they just didn't have the stationary. I am going in to the Citizens Advise Bureau on teusday to try and get some advice and see if I will be fine without representation.
Good luck to you and do keep me posted on how the appeal goes or if you learn anything relevant to our situation. :cry:

rahilnaz
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Re: one more thing

Post by rahilnaz » Sun Nov 30, 2008 2:18 pm

lizzyblue wrote:
rahilnaz wrote:
lizzyblue wrote: That's what I was afraid of. I can't afford a solicitor and am hoping I can do a paper hearing without representation. I have ordered a back-dated statement on letter-head paper to prove that mine was legitimate. Mine wasn't even printed online it was in the bank branch, they just didn't have the stationary. I am going in to the Citizens Advise Bureau on teusday to try and get some advice and see if I will be fine without representation.
Good luck to you and do keep me posted on how the appeal goes or if you learn anything relevant to our situation. :cry:
I did not want to take any chance therefore hired solicitor. It did not cost me fortune (500 pound only) when I see other people paying too much money.

I will keep u informed. Give me ur email address I will forward u email (sent by UK International students coucnil)which u can attach to ur appeal papr to make ur case strong.

A
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RE SEEKING FREE LEGAL ADVICE.

Post by A » Tue Dec 02, 2008 10:20 am

LIZZYBLUE: I am currently going through an appeal process because a similar technicality on my PSW application.

The advice I can give you re professional legal help is the following:

- it (generally) costs nothing to see a lawyer and get advice on your case for the first time and you have no obligation to continue seeing that lawyer
- there is free means-tested legal aid for people who earn within a certain bracket each month
- Have you rung the phone numbers provided with your rejection letter re legal advice bodies who can give you phone numbers of lawyers etc?

I don't have much money either however I have met with 4 different lawyers and received very useful advice from them FOR FREE. The first consultation should be free - obviously double-check this when you ring them.

You definitely CANNOT leave the UK during your appeal process otherwise your appeal will become void immediately and you will not be able to re-enter.

Look at the following website too:
www.ait.gov.uk

Good luck!
A.

rahilnaz
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Re: one more thing

Post by rahilnaz » Thu Dec 04, 2008 7:56 pm

lizzyblue wrote:Another thing I should mention is that though the statement I provided had the 800 needed, I no longer have this. But I am hoping they would only check the balance at time of application?
Could you please forward me email which I sent you last week?
My email address is rahil.n@live.com

Thanks

Kev-in
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Re: RE SEEKING FREE LEGAL ADVICE.

Post by Kev-in » Sun Dec 14, 2008 12:52 am

A wrote:LIZZYBLUE: I am currently going through an appeal process because a similar technicality on my PSW application.

The advice I can give you re professional legal help is the following:

- it (generally) costs nothing to see a lawyer and get advice on your case for the first time and you have no obligation to continue seeing that lawyer
- there is free means-tested legal aid for people who earn within a certain bracket each month
- Have you rung the phone numbers provided with your rejection letter re legal advice bodies who can give you phone numbers of lawyers etc?

I don't have much money either however I have met with 4 different lawyers and received very useful advice from them FOR FREE. The first consultation should be free - obviously double-check this when you ring them.

You definitely CANNOT leave the UK during your appeal process otherwise your appeal will become void immediately and you will not be able to re-enter.

Look at the following website too:
www.ait.gov.uk

Good luck!
A.
Dear A,

I would like to have any contact details of lawyers that i could atleast speak to or personally meet them as well as i live in London too. I would greatly appreciate any help from you. You can pm me your reply. Thanks again.

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