HELP AND GUIDE ME REGARDING PSW REFUSAL (MAINTENANCE FUNDS)

Shafiqueawan · Post by **Shafiqueawan** » Thu Mar 19, 2009 2:26 am

CAN SOMEONE HELP AND GUIDE ME WITH THIS ????

TODAY I HAV RCIEVED MY REFUSAL LETTER FORM HOME OFFICE INC MY WIFE'S REFUSAL LETTERS AS WELL .

((((YOU HAVE CLAIMED 10 POINTS FOR FUNDS UNDER APPENDIX C OF

THE IMMIGRATION RULES ,BUT THE DOCUMENTS YOU HAVE PROVIDED

ONLY SHOWS AVAILABLE FUNDS ABOVE THE REQUIRED LEVEL FOR THE

PERIOD 27 NOV TO 30 JAN 2009 AND THERE FOR DO NOT DEMONSTRATE

THAT YOU HAVE BEEN IN POSSESSION OF Â£800 FOR THE PERIOD

SPECIFIED IN THE GUIDANCE.THE SACRETRAY OF THE STATE IS

THEREFORE NOT SATSFIED THAT YOU HAVE ACHIEVED 10 OINTS UNDER

THE APENDIX C OF THE IMMEIGRATION RULES )))).

BANK STATEMENT BALANCE FROM 1ST NOV Â£400 TO Â£779 TILL 27 NOV AND FROM 27NOV TO 30TH JAN WAS FROM Â£3400
TO Â£2400 NEVER BEEN LESS THEN REQUIRED

<<<<<<<<<<<THEREFORE YOU DO NOT SATISFY THE REQUIREMENTS OF THE

IMMIGRATION RULES FOR THIS CATEGORY AND IT HAS BEEN DECIDED

TO REFUSE YOUR APPLICATION FOR LEAVE TO REMAIN AS A TIER 1

(POST STUDY WORK ) MIGRANT UNDER PARAGRAPH 245Z OF THE

IMMIGRATION RULES AS YOU DO NOT MEET THE REQUIREMENT AT

PARAGRAPH 245Z(e).>>>>>>>>>

I don't understand what to do i know i have less funds from 1st nov to 27th nov and i was thinking that HO is checking closing balance . can some one tell me that did they refused my application because i have Over then required funds i mean more Â£800 .

and apeal 's deadline date is 1-04-09. do i need to contact with solicitor ??? am confused i dono what to do ....

if yes then can you recomend me soclicitor within glasgow (Scotland)

Thanks ......................

jack199 · Post by **jack199** » Thu Mar 19, 2009 2:40 am

Hi Shaf

Sorry to say but the refusal is genuine. HO is VERY scrict about this. If the balance drops even a single penny during 3 months prior to your PSW application they will reject it straightaway. Many people are in the same boat.

I can understand your feelings but its a geniune rejection as the funds dropped below Â£800 during 3 months. I would strongly advice you to get a solicitor who can prepare your case on some ground (if any).

Try and think if you have any overseas account where you have more than Â£800 for the past 3 months. Even a joint account might do as long as it says your name on the bank statement for the past 3 months.

Try and put your appeal befor the dead line BUT keep a cool and calm head and consult not only 1 but 2 or even 3 solicitors, who are the only people can somehow create an avenue for you mate.

Please follow the link and try and contact some advisor in your area.

http://www.oisc.gov.uk/people_seeking_i ... _advisers/ (Won't Charge)

http://www.oisc.gov.uk/people_seeking_i ... _advisers/ (Registered with Immigration)

Hope that helps mate. ALL THE BEST

koolbone · Post by **koolbone** » Thu Mar 19, 2009 3:15 am

I totally agree with Jack. You needed to have had at least Â£800 in your account AT ATLL times within the 3 month period. Hopefully, like Jack said, you have another account you can rely on to prove you had the funds for your appeal. All the best.
BTW, Jack, keep up the good work. This forum needs more of posters like you to offer advice.

pradeep_s · Post by **pradeep_s** » Thu Mar 19, 2009 10:34 am

Hello Shafi,

Itâ€™s the same case with my visa & my wifeâ€™s. I am going with â€œImmigration Advisory Serviceâ€

Shafiqueawan · Post by **Shafiqueawan** » Sat Mar 21, 2009 7:10 pm

hello every one
First all I would like to thanks to pradeep_s koolbone & jack199 for your great comments and suggestions .

yesterday I went to â€œImmigration Advisory Serviceâ€

pure_soul · Post by **pure_soul** » Sat Mar 21, 2009 8:16 pm

Shafiqueawan wrote:hello every one
what should I do now .and where to Go ..I mean to 1st solicitor or 2nd
Shafique Awan

The second one mate...why go to someone who is already telling u he can't win ur case....????

jack199 · Post by **jack199** » Sat Mar 21, 2009 8:17 pm

Hi there

Unfortunatly the refusal will stand, even on an appeal as it is the rule, sorry but its a harsh reality, today on another forum one of the guys lost his appeal and his balance only dropped by 11 pounds 1 day only, but the judge rejected his appeal. Its recession in UK economy and they want UK jobs for UK people.

But if i were you i would still appeal as you have nothing to lose, as the solicitor said it depends on judge so the LUCK might be with you, get a GOOD solicitor who can create some grounds (if any) for you and leave the rest on your fait but i do believe that prayers works well too.

ALL THE BEST and keep posting

Shafiqueawan · Post by **Shafiqueawan** » Tue Mar 24, 2009 6:41 pm

Hi there ,

Today i hand over my apeal Doc's to sicilister . now will wait for my luck .

i have got 1 question if someone help me with this
i have finish my studies in sep 08 and my graduation cermoney was on 5th of nov 08 and if unluckely judge refues my apeal then how much time i have got to reapply from my home country .

Shafique Awan

jack199 · Post by **jack199** » Tue Mar 24, 2009 6:52 pm

Shafiqueawan wrote:Hi there ,

Today i hand over my apeal Doc's to sicilister . now will wait for my luck .

i have got 1 question if someone help me with this
i have finish my studies in sep 08 and my graduation cermoney was on 5th of nov 08 and if unluckely judge refues my apeal then how much time i have got to reapply from my home country .

Shafique Awan

First of all i hppe and pray that you win the appeal so that you dont have to leave UK. But worst case, if you lose you will have 5 day to appeal (re-consideration) against the decision that the judge made an "error of law". If you dont then you will have 28 days to leave UK and then from home country if you had required funds for the last 3 months then you can apply straight away.

I hope you win the case.

What did your solicitor said to you? Is he hopeful?

THENDIST · Post by **THENDIST** » Fri Apr 03, 2009 9:39 am

jack199 wrote:Hi there

Unfortunatly the refusal will stand, even on an appeal as it is the rule, sorry but its a harsh reality, today on another forum one of the guys lost his appeal and his balance only dropped by 11 pounds 1 day only, but the judge rejected his appeal. Its recession in UK economy and they want UK jobs for UK people.

But if i were you i would still appeal as you have nothing to lose, as the solicitor said it depends on judge so the LUCK might be with you, get a GOOD solicitor who can create some grounds (if any) for you and leave the rest on your fait but i do believe that prayers works well too.

ALL THE BEST and keep posting

Hi Jack
Just a clarification - this person that lost the appeal - did he have funds in another account that he could have produced as new evidence?

jack199 · Post by **jack199** » Fri Apr 03, 2009 10:31 am

THENDIST wrote:
jack199 wrote:Hi there

Unfortunatly the refusal will stand, even on an appeal as it is the rule, sorry but its a harsh reality, today on another forum one of the guys lost his appeal and his balance only dropped by 11 pounds 1 day only, but the judge rejected his appeal. Its recession in UK economy and they want UK jobs for UK people.

But if i were you i would still appeal as you have nothing to lose, as the solicitor said it depends on judge so the LUCK might be with you, get a GOOD solicitor who can create some grounds (if any) for you and leave the rest on your fait but i do believe that prayers works well too.

ALL THE BEST and keep posting
Hi Jack
Just a clarification - this person that lost the appeal - did he have funds in another account that he could have produced as new evidence?

I dont't think so he did not had another account which he could have shown. BUT overseas accounts might not work (if you have one), The HO rep might argue that you are living in the UK, why you have an overseas account. My understanding is they want crude money british account, where funds are accessable all the times. I have seen and met people where they have money in their overseas accounts but they are in Appeal processes, once the appeal process beguns then its all up to the Judge. Some are good and some are not so good. There is one of the person on this forum who showed his overseas account where the funds were above Â£800 ALL THE TIMES and judge allowed the appeal and he received the determination but HO again put an application for reconsideration infront of senior judge (poor guy), so it depends on lots of things, The judge, the HO rep and how you answer the questions. Its always advised to be prepared. But i wish you good luck and all the best

THENDIST · Post by **THENDIST** » Sat Apr 04, 2009 1:28 pm

I dont't think so he did not had another account which he could have shown. BUT overseas accounts might not work (if you have one).

So would i be hopeful in believing that if i have the required amount in my account and i can prove that at the appeal hearing - i have a good chance of success (and does that again depend on the judge?)

Also do my dependents also have to appeal at the same as me? as they were rejected because of my rejection?

jack199 · Post by **jack199** » Sun Apr 05, 2009 2:17 am

THENDIST wrote:
So would i be hopeful in believing that if i have the required amount in my account and i can prove that at the appeal hearing - i have a good chance of success (and does that again depend on the judge?)

Yes, thats exactly what i mean

THENDIST wrote: Also do my dependents also have to appeal at the same as me? as they were rejected because of my rejection?

If your appeal is allowed then it means you dependent' s been allowed as well.

sban · Post by **sban** » Tue Apr 07, 2009 5:43 pm

THENDIST wrote: So would i be hopeful in believing that if i have the required amount in my account and i can prove that at the appeal hearing - i have a good chance of success (and does that again depend on the judge?)

Hi Thendist
Overseas account will work. In my original application, which was refused, I did not mention my overseas joint account thinking I was through despite my UK account dipping below 800 for three days. My application was refused. When I appealed, I showed the judge details of my overseas account (statement plus letter from bank certifying it's a joint account) and explained I did not include this account thinking I was through but here are the statements which clearly show that combining the UK and overseas accounts I have over 800. My appeal was allowed. The HO lawyer did try to question my claim to the money to that account which is why a letter from the bank and your name on the statement helps. You can also take your chequebook/ATM card. Hope this helps.

THENDIST · Post by **THENDIST** » Fri Apr 10, 2009 1:06 am

Thank you Jack and sban - i will keep you posted of my appeal outcome.

pain009 · Post by **pain009** » Sun Apr 19, 2009 5:45 am

hi
my bank account was dropped by Â£250 and on same day i deposited Â£300 so the end day balance was more than Â£800.i am providing my overseas bank statement to cover that Â£250 along with 3months uk bank statement.
i always have more than Â£800 for last six months.now im applying for innitial PSW visa.i will very happy if u guys comment on my situation.im just worried.
thanx

THENDIST · Post by **THENDIST** » Mon Apr 27, 2009 12:07 am

Hi pain009 - as long as you can prove that you have more than Â£800 for at least the last three months(even though it is a combination of bank statements) that should be ok. I would strongly advice you to label everything. Also make sure that you can get the latest statement as possible - my experience - my second evidence for my salary was my current account which was the most up to date and they used that as my maintenance as well as it was the most up to date! So that screwed me! Now i am appealing.

pain009 · Post by **pain009** » Mon Apr 27, 2009 1:42 am

I would strongly advice you to label everything.

hi thanx for ur reply.i pray and hope that you will win in the appeal.on my bank statements one transaction was below 800 ,same day i deposited money so end day balance was more than 800.i am using my overseas bank staement for that day only.is it ok?i am giving them 13 jan to 20 april uk statements.and for ill post on tuesday. i didnt understant what you mean by labal everything?i wud be happy if you could explain.
thanx again.

jack199 · Post by **jack199** » Mon Apr 27, 2009 11:03 am

pain009 wrote:I would strongly advice you to label everything.

hi thanx for ur reply.i pray and hope that you will win in the appeal.on my bank statements one transaction was below 800 ,same day i deposited money so end day balance was more than 800.i am using my overseas bank staement for that day only.is it ok?i am giving them 13 jan to 20 april uk statements.and for ill post on tuesday. i didnt understant what you mean by labal everything?i wud be happy if you could explain.
thanx again.

I think what he is trying to say is that explain everything properly within your witness statement. If you have a strong witness statement it can influence the judge decision (provoding you can show that you had the required balance for the last 3 months)

THENDIST · Post by **THENDIST** » Mon Apr 27, 2009 11:28 am

Thank you jack. pain009 - Regarding your overseas bank statements - i would give them three months statement rather than just a day's statement (i am not even sure if that is possible!). They do mention that you must only provide the relevant documents - but i think the more info you give (within reason of course) the safer it is.

Ahmed80 · Post by **Ahmed80** » Mon Jun 01, 2009 1:11 pm

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HELP AND GUIDE ME REGARDING PSW REFUSAL (MAINTENANCE FUNDS)