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IGS to PWS visa rejected (maintenance) please help me appeal

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

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yashima
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Joined: Wed Dec 31, 2008 2:56 am

IGS to PWS visa rejected (maintenance) please help me appeal

Post by yashima » Wed Dec 31, 2008 3:44 am

Dear everyone on the forum,


As you might imagine this is such a massive shock to me, my life just got started again and it seems like everything got taken away. I do hope for your sympathy, although firstly I have to confess that I have been in the wrong here, during the October month when I moved to London, everything was abit hectic with such a move and I let my account drop below £800 for 2 weeks, and got rejected on that ground (other than that my bank statement from beginning of September to end of November was healthy).

For a few information on the background, as the title suggested, I was accepted into the International Graduate Scheme last year and was making application for transition to the Post Work Study. I first went to the UK for A level and then a respectable university, never had any problem with finance or authority before. I was hoping to use these two years granted by the Home Office to properly explore all the career path possible before commiting myself into one. I just made a move to London in October, got myself a job in retail and making steps at other career steps at the same time. Everything has been progressing and going really and suddenly this.

Finance wise, my family has always been supportive, I now have a retail job that pays around 1000 a month and of course I have those students moment, I have never thought of recoursing to public funds.


I'm trying to put together an appeal, and I desperately need your help, any experience or advice I would be extremely grateful.


I'm trying to put together financial guaranty letter from my parents, letter from my sister (who is working full time in a financial company) and letter from an UK citizen guarantor, trying to show that my finance is solid and the events in october was exceptional (moving) and unfortunate. I'm thinking of writing a letter of appeal stating my intention for stay, my career pathway and what i think i can do to contribute to the country and my native country. Also I'm trying to get letter of "character" confirmation from my church and my tutor, showing im an able person and not here to get any social benefits in the future.

I am also advised that I should not request an oral hearing as I will totally get "roasted" by Home Office lawyer.


Do you think I'm preparing in the right way? Do you think I have a case at all? If the court judges by the letters of the Home Office rules (which are still not law) then probably I will fail but if they are willing to listen then do you think I have a slim chance of success? Please advise me anything in your mind that could help the appeal. If you have any experience with this appeal or you know anyone preparing for the same appeal I would be really grateful if you could share the experience.


I have a few more specific questions I would like to ask you:

1. when does the regulation change from "closing balance of xxx GBP" (or general "having this amount of money") to "balance ABOVE xxx GBP at all time", because that was certainly the case when i did my IGS or student visa before.

2. Should I request an oral hearing or not, and should I ask for help from an immigration lawyer, or they would feel that is very confrontational and could have negative impact.

3. If you know any experienced immigration lawyer in this specific field that is resident in London, PLEASE recommend to me.

4. My leave has expired already, is there anyway I can make a fresh application (im thinking of going back to home country and make a reapplication, but as the leave has expired is there any way at all)

5. Is there any chance you would know how long the appeal usually take? And do I have to leave within 28 days from the date the appeal rejected?

6. Does this rejection and appeal rejection has any negative impact in the future on another visa application, either work or further study (i was considering doing a PHD) to UK or any other country?


many many many thanks for reading it up to here and Im really grateful for your help.

Have a wonderful new year and god bless.

yashima

yashima
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Posts: 8
Joined: Wed Dec 31, 2008 2:56 am

Post by yashima » Wed Dec 31, 2008 3:51 am

Hello again,

sorry I forgot to ask another questions:

7. What specific ground should I make the appeal on, im still unsure about this, should this be on the ground that the Home Office decision was wrong (of course not wrong by their rule, but maybe not perfectly correct with the spirit of Tier 1 visa purposes) or additional ground?

rameshnerella
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Joined: Thu Dec 04, 2008 7:14 pm

Re: IGS to PWS visa rejected (maintenance) please help me ap

Post by rameshnerella » Wed Dec 31, 2008 2:05 pm

yashima wrote:
1. when does the regulation change from "closing balance of xxx GBP" (or general "having this amount of money") to "balance ABOVE xxx GBP at all time", because that was certainly the case when i did my IGS or student visa before.
hello yashima,

if i am right, on or before october 31, the closing balance should be £800.
from 1st november, it must be £800 or above at any given time for three months.

rainy_297
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Joined: Mon Dec 29, 2008 11:56 pm

Re: IGS to PWS visa rejected (maintenance) please help me ap

Post by rainy_297 » Tue Jan 06, 2009 1:14 am

HI yashima

I had same problem , I got rejection with appeal form and appealed with
supportive letter prepare by my self. and waiting for reply, I spoke with lawyer too . He said nothing we can do . just wait and watch situation . my visa is epired too, but you can stay in country while you are on appeal proccess.

Thanks













rameshnerella wrote:
yashima wrote:

1. when does the regulation change from "closing balance of xxx GBP" (or general "having this amount of money") to "balance ABOVE xxx GBP at all time", because that was certainly the case when i did my IGS or student visa before.
hello yashima,

if i am right, on or before october 31, the closing balance should be £800.
from 1st november, it must be £800 or above at any given time for three months.

email257525
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Location: UK
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hi,

Post by email257525 » Tue Jan 06, 2009 1:21 am

Dear Yashima,,,,,

I do have sympathy with you, and wish you all the very best.
In my opinion you have used all of the right bullets but the only options which are available to you as you saying by providing gurantier and stuff like that. you may appeal on those basis. But i can not comment on that.

Please never lose hope.

Wishing you all the very best

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