PSW rejection, please send your valuable suggestions

[kishorej31]

My student visa expired by the end of Jan 2009 so I applied for my PSW visa on Jan 27, 2009 but it was rejected due to maintenance funds. I got the mail from Home office yesterday and asked me to appeal within 28 days.

From Dec 20, 2009 I maintained nearly 1000 pounds and I will maintain the same amount till 25 March 2009 so that it will be 3 months till that time.

Can I reapply my PSW visa basing on these statements (statements from Dec 20, 2009 to March 25, 2009) using a fresh application?

Please give your valuable suggestions for my future.

[Wanderer]

My student visa expired by the end of Jan 2009 so I applied for my PSW visa on Jan 27, 2009 but it was rejected due to maintenance funds. I got the mail from Home office yesterday and asked me to appeal within 28 days.

From Dec 20, 2009 I maintained nearly 1000 pounds and I will maintain the same amount till 25 March 2009 so that it will be 3 months till that time.

Can I reapply my PSW visa basing on these statements (statements from Dec 20, 2009 to March 25, 2009) using a fresh application?

Please give your valuable suggestions for my future.

You'll have to apply from home since you have no status now and only be deeper in the mire come late March. No point in appealing if you didn't comply with the application requirements.

I don't think you've many options, just apply from home but showing £2800 at all time for the three months.....

[kishorej31]

Hi Wanderer,

Thanks for your reply. The thing is that presently I got a job and working for 18000 GBP per annum. If I leave UK then I should leave my job.

If you have any suggestions please do send me.

Thanking you

[Wanderer]

Hi Wanderer,

Thanks for your reply. The thing is that presently I got a job and working for 18000 GBP per annum. If I leave UK then I should leave my job.

If you have any suggestions please do send me.

Thanking you

Same advice mate.

Bear in mind too you are exposing your employer to a potential fine of £10,000 for employing you while your are without status.

Best to bite the bullet...

[kishorej31]

Hi Wanderer,

I got this job before my student visa expired.......

[Wanderer]

Hi Wanderer,

I got this job before my student visa expired.......

Makes no difference, your status then is not your status now.

[RippedOff]

My student visa expired by the end of Jan 2009 so I applied for my PSW visa on Jan 27, 2009 but it was rejected due to maintenance funds. I got the mail from Home office yesterday and asked me to appeal within 28 days.

From Dec 20, 2009 I maintained nearly 1000 pounds and I will maintain the same amount till 25 March 2009 so that it will be 3 months till that time.

Can I reapply my PSW visa basing on these statements (statements from Dec 20, 2009 to March 25, 2009) using a fresh application?

Please give your valuable suggestions for my future.

You can but there is no guarantee it will be successful. I had my IGS to PSW transition refused on the same issue and I reapplied after my visa expired - results are not back yet!(Next week will make it a month). Please ignore the people who tell you not to appeal because you have no "grounds"- what on earth have you got to lose? Even if the worst happens and the appeal is not successful, it will buy you another three months or more to tie up your affairs, all while being legal. I am no lawyer, but this is a FACT.

Also, I think you should pay a visit to another forum I am a member of as well...type in psw visa forums in google. Not sure if I am allowed to post links. There are veritable lawyers there that can shed more light on reapplying within 28 days/appealing. Also I read yesterday that a judge allowed the appeal of an applicant that showed that he had met the requirements by the appeal hearing date. Appealing pointless? I think not.

Aside:It is fairly ridiculous that the Home Office are not realizing people have jobs that pay well over £800, but we spend that already maintaining ourselves. Having £800 every day for THREE MONTHS is the most stupid rule I have ever come across.

[kishorej31]

Hi Rippedoff,

Thanks for your suggestions, if I appeal it now...if it is unsucessfull. Is there any chance for me to reapply with fresh application (mean third time).

I will be waiting for ur reply.

Thanks.

[RippedOff]

Hi Rippedoff,

Thanks for your suggestions, if I appeal it now...if it is unsucessfull. Is there any chance for me to reapply with fresh application (mean third time).

I will be waiting for ur reply.

Thanks.

Check your inbox.

[kishorej31]

Thank you so much ...

[koolbone]

Hi Wanderer,

I got this job before my student visa expired.......

Makes no difference, your status then is not your status now.

Says who? Have you even read the UK Immigration act before? If an applicant's leave expires while an application for leave to remain is made, the applicant's previous leave is treated as 'continuing' i.e it's extended pending when the decision on the application is made. If this application for leave to remain is then refused, provided the applicant appeals on time and doesn't leave the UK, the previous leave is still treated as 'continuing', pending when the appeal is decided. So the OP can continue working legally. Check section 118 of the 2002 Immigration Act

You always harp on about people not to bother appealing. Are you an experienced immigration lawyer? What does anyone have to lose by appealing? If I had listened to your 'advice' on this forum, I wouldn't have appealed my refusal and God knows where I would've been now. I appealed and was successful.

[kishorej31]

Hi Rippedoff,

If u have any more sugggestions, u can also forward me to this email id ....pls

kishorej31@gmail.com

Thanks and regards,
kishore

[RippedOff]

Says who? Have you even read the UK Immigration act before? If an applicant's leave expires while an application for leave to remain is made, the applicant's previous leave is treated as 'continuing' i.e it's extended pending when the decision on the application is made. If this application for leave to remain is then refused, provided the applicant appeals on time and doesn't leave the UK, the previous leave is still treated as 'continuing', pending when the appeal is decided. So the OP can continue working legally. Check section 118 of the 2002 Immigration Act

You always harp on about people not to bother appealing. Are you an experienced immigration lawyer? What does anyone have to lose by appealing? If I had listened to your 'advice' on this forum, I wouldn't have appealed my refusal and God knows where I would've been now. I appealed and was successful.

I concur with you my friend!
I stopped looking to this forum for advice a long time ago... it is very upsetting what is said - by people that are not lawyers - anything I suggest has a disclaimer - but is mostly what I have heard from reputed lawyers on another forum. It's not really rocket science to understand immigration law, and koolbone you are 100% correct.

[koolbone]

Like RippedOff said, there've been people on another forum who were successful with their appeals, provided they could show that they met the maintenance requirement at the day of the appeal. If you want to do this, make sure you use a solicitor.

It's a risky thing if you decide to reapply now that your student visa has expired. If you do so, you have to make sure your application is intact and there are absolutely no lapses in terms of the maintenance requirement and all other required documents. On another forum, a skilled immigration lawyer has said there's a 28 day grace period following a refusal for you to reapply (even if your existing visa has expired). Just make sure that there are no lapses in your application and use a solicitor, if you can. The danger is if your second application is refused again, you would've been considered to have overstayed. There's someone on that other forum who was successful using this method.

All the best mate.

[kishorej31]

Thanks for your reply,

Today I spoke with my factory manager regarding my visa rejection and he simply laughed at the basis of rejection. He also asked HR manger to help in writing some letter to the Home Office. In this case, what they should write to home office.

I will be thankfull for your suggestions...

[igiosan]

I will like to ask what you think about this case...someone sends a first application to the home office for the PSW visa, but her maintainance funds fall short of the £800. She gets a refusal with the option of appeal but then finds out that she had funds in another account that would have made up for the dip in his account during the 3 month period but she didnt send it to the home office bcos she didnt know that it was possible to combine accounts.
In reaction to this, she was adviced by her lawyer to reapply (which she has done...though her visa has expired) instead of appealing. reason is becos: according to the lawyer, appealing will be based on the last application that was sent and ignorance might not be an excuse then while a reapplication will present all documents afresh.

What do you think of this case?

[koolbone]

I will like to ask what you think about this case...someone sends a first application to the home office for the PSW visa, but her maintainance funds fall short of the £800. She gets a refusal with the option of appeal but then finds out that she had funds in another account that would have made up for the dip in his account during the 3 month period but she didnt send it to the home office bcos she didnt know that it was possible to combine accounts.
In reaction to this, she was adviced by her lawyer to reapply (which she has done...though her visa has expired) instead of appealing. reason is becos: according to the lawyer, appealing will be based on the last application that was sent and ignorance might not be an excuse then while a reapplication will present all documents afresh.

What do you think of this case?

well, I think she stands a very good chance of getting the PSW visa this time around, provided the total amount in the combined accounts remains at least £800 at all times during the three month period. I know of someone on another forum who did this and was successful.

[Diokpa]

I will like to ask what you think about this case...someone sends a first application to the home office for the PSW visa, but her maintainance funds fall short of the £800. She gets a refusal with the option of appeal but then finds out that she had funds in another account that would have made up for the dip in his account during the 3 month period but she didnt send it to the home office bcos she didnt know that it was possible to combine accounts.
In reaction to this, she was adviced by her lawyer to reapply (which she has done...though her visa has expired) instead of appealing. reason is becos: according to the lawyer, appealing will be based on the last application that was sent and ignorance might not be an excuse then while a reapplication will present all documents afresh.

What do you think of this case?

Quite a risky move considering the fact that the visa has expired, I really hope they did this through a lawyer because I don't think there is anywhere in the immigration act where the 28 day leave to re-apply has been stated explicitly apart from hear-says from 'lawyers'. Appealing is always much better as you can always admit 'collaborative evidence', it is not considered ignorance as such.

There are some people who just post on here to add to their count and I wonder how someone who is a 'guru' but in my 3 months on this site has never offered useful advice can be considered such. Please before you take their advice and return home(which am sure they want you all to do), always seek help from an immigration lawyer.

[Diokpa]

My student visa expired by the end of Jan 2009 so I applied for my PSW visa on Jan 27, 2009 but it was rejected due to maintenance funds. I got the mail from Home office yesterday and asked me to appeal within 28 days.

From Dec 20, 2009 I maintained nearly 1000 pounds and I will maintain the same amount till 25 March 2009 so that it will be 3 months till that time.

Can I reapply my PSW visa basing on these statements (statements from Dec 20, 2009 to March 25, 2009) using a fresh application?

Please give your valuable suggestions for my future.

You actually have 10 working days to appeal NOT 28 days(you have 28 days to leave the country if you decide not to appeal), so get to it and prepare you appeal within the next 2 weeks from day of receipt. Also you stand a good chance at appeal, nevermind if you've been adviced otherwise. Get your statement and evidence right and they might not even bother to show up!...lol. If you need further assistance just leave me a private message.

[koolbone]

There are some people who just post on here to add to their count and I wonder how someone who is a 'guru' but in my 3 months on this site has never offered useful advice can be considered such. Please before you take their advice and return home(which am sure they want you all to do), always seek help from an immigration lawyer.

LOL. I know what you mean. I have never, ever seen the so called 'guru' offer worthwhile advice. It's always something along the lines of "no point in appealing mate". If I had a pound for everytime I've seen this wonderful 'guru' say this or state something totally irrelevant to the topic in question or give wrong information, I'd have been able to buy a brand new laptop