PSW Rejected- appeal help please

[BhavinBhatt]

Hi all,

I had applied for PSW from IGS, but it got rejected due to lack of maintenance funds, i am earning more than 800 pounds every month. I have the right to appeal, but the problem is a few solicitors ask for alot of money but no surity of a successful visa appeal. Most say that we will challenge the fact that the low is a maintenance fund of 800 pounds is required to survive in the UK, where as the HO came up with a policy whereion one has to maintaim 800 pounds daily.,....very stupid,, could someone please advice and suggest a good lwayer who will not charge 350 pounds just to fill in my appeal form, and is it adviceable to represent myself in the appeal proceedings??...note that i have been leaving in this country for 7 years now never needed recourse to public funds...how will i be a liability to the country...?
please advice asap as i have only till 16th feb 2009...

kinds regards

[RippedOff]

I really do feel your pain...the Home Office rules are quite frankly RIDICULOUS! They are basically asking us to have an additional £800 after spending £600 on rent, £100 on food £200 on transport etc etc...if the case workers had BRAINS and looked at the transactions on an account, they would see that outgoings often go over a grand! And no, they do not care if you have a job?("Post-study" work HELLO...!) It is absolutely infuriating. The only way is to get the law changed...but HOW? Where are the international student unions/universities making a stand to the Home Office on this? We pay the ridiculously expensive fees and we are being hung out to dry..and what is most painful is that you were on IGS...why couldn't they have extended the transitional period for their draconian rules? Or have said anyone on IGS would get the PSW automatically? Now they will tell you you have no grounds for appeal.

This is my advice to you. FIGHT tooth and nail, grounds or no grounds. You have a job. You were on IGS. The changes to IGS are similar to how they changed the requirements for HSMP to Tier. There was no maintenance requirement on IGS previously...and now all of a sudden we have to whip £800 out of thin air? If you can speak for yourself...and read some case law, I believe you can win...and set a precedent for all the international students suffering from the appalling regulations set by the home office. We need to get this law changed.

[BhavinBhatt]

Thanx dude, i am willing to take them on, if there are more people willing to fund this cause, i dont have the money to fight to the end, infact even the initial thing, lets look for a decent lawyer, get the funds and make sure that this is the end of frustration for our other fellow students...
the policy needs to be changed....

[BhavinBhatt]

Thanx dude, i am willing to take them on, if there are more people willing to fund this cause, i dont have the money to fight to the end, infact even the initial thing, lets look for a decent lawyer, get the funds and make sure that this is the end of frustration for our other fellow students...
the policy needs to be changed....
_________________

[aliramish]

Brother if HO already give you right of appeal then you dont need to wory just fill up the form show ur ground of appeal and send to HO. solicitors will also do the same.

[atifawan]

Hello dude..

Exactly same situation is with me. I am earning more then 800 pounds but my 3 days statement is short due to my mistake and they refused the visa. I have arranged my bank statements from my home country showing more then 20000 pounds of balance. I have done my Msc from University of London and my Professional certfications from University of Cambrdige and spent lot of money but just because of this stupid rule, I am facing problems. I am in process of 2,3 job interviews and hoping to get a decent job. I don't know what is going to happen in the appeal.

[A]

Hello,

I totally understand how infuriating this is for you! And I do believe, no matter what, you should indeed go through with an appeal, whether you have representation or not, because you have nothing to lose by appealing. And if you represent yourself it will not cost you anything.

Firstly, what concerns me is that you did NOT fulfill the maintenance requirement and you cannot now prove that you did either. That's the biggest concern in terms of appealing. It clearly states that you have to have 800 pounds in your account at all times over a 3-month period. I'm not saying I agree with the requirement, but I'm just saying that it is a requirement in order to get the PSW visa and you did not fulfill that requirement and I don't see how you can now prove that you do fulfill that requirement.

Secondly, re funds for a lawyer. The first thing to do is to speak to several lawyers/solicitors (it sounds like you have already spoken to at least one?) because an initial consultation with any lawyer should not cost anything. When I went through my PSW appeal, I saw about 5 diff lawyers and so gathered advice/opinions from those 5, without having to commit to any of them. It is also worth calling some of the ph nos the HO would have sent you with your rejection decision letter (I think citizens advice bureau and one other) because they can tell you of lawyers, etc in your area. For eg I went to my borough's law community centre where I could have had free representation if I wanted to. There is free legal aid out there. It's just a matter of seeing whether you are eligible for it or not. So do your research and act fast!!

I wish you the best of luck in your fight. It's going to be tough for you because if your bank account was at any time over the 3-month period below 800, then the HO will not grant you those points. I'm not saying I agree with this or think this is fair but I'm just stating the facts.

Good luck,
A.
ps - if you're London-based, send me a private msg and I can recommend some of the solicitors I spoke with when I first investigated my appeal.

[A]

Sorry, I just saw the date on your original msg so I see whatever I've just written is of no use to you now since your appeal will have already been submitted by now!! Sorry!!

Do u have a hearing date yet? (Note, you have to wait a month or so before you will be heard. I had about a 5 week wait myself)

A.