Can anyone help HO refused my psw (Maintainance Funds)

an.antony · Post by **an.antony** » Thu Mar 19, 2009 12:43 pm

I was in IGS visa and I applied for my psw (remaining 1yr).I was maintaining money from 25oct - 26jan,but unfortunately it got down Â£800 on 27,28,29 of october and yestrday i got my refusal letter from HO.I have no idea wat 2 do next.If am going for appeal is there any chance for me to win?Because before applying for my visa i rang HO and told my situation like account got down for few days.They said as i am transitional arrangement it won't affect and it will b a problm only 4 initial applicants.Can anyone give me a suggestion pls?my appeal deadline is on 1st april 2009.
Any one knows any free solicitors in liverpool area pls?

Thanks

koolbone · Post by **koolbone** » Thu Mar 19, 2009 3:46 pm

an.antony wrote:I was in IGS visa and I applied for my psw (remaining 1yr).I was maintaining money from 25oct - 26jan,but unfortunately it got down Â£800 on 27,28,29 of october and yestrday i got my refusal letter from HO.I have no idea wat 2 do next.If am going for appeal is there any chance for me to win?Because before applying for my visa i rang HO and told my situation like account got down for few days.They said as i am transitional arrangement it won't affect and it will b a problm only 4 initial applicants.Can anyone give me a suggestion pls?my appeal deadline is on 1st april 2009.
Any one knows any free solicitors in liverpool area pls?

Thanks

You were wrongly adviced by the HO. The maintenance requirement is necessary for all PSW applications whether transitional or not.
If you have another account, even if it's not in the UK or even if it's a joint account that can balance up the deficit on those days in October, then it'll be good. Appeal with these statements to show that you had at least Â£800 at those times.
If you're looking for free solicitors, check this link out and see whether you can find solicitors in Liverpool:

http://www.oisc.gov.uk/people_seeking_i ... _advisers/

jack199 · Post by **jack199** » Thu Mar 19, 2009 4:54 pm

Koolbone is right. HO did not give you the right advice. Unfortunately you will have to speak to a solicitor who can look at your case and advise you further. The rule says that you have to have Â£800 for the WHOLE of 3 months (ALL THE TIME) prior to apply for PSW if the balance drops below Â£800 even for a single second they will reject the application. Sorry but this is the truth. If I were you I would hire a solicitor who will have to find some grounds (If any) for you to stay in this country, and try and speak to 2 or 3 solicitors before you make a choice after all you are going to pay them (if not free).

All the best

an.antony · Post by **an.antony** » Tue Mar 24, 2009 4:44 pm

Thanks for your advice.As I can't afford any solicitor i tried two,three free solicitors in my area.But no one taking any new cases for the next two weeks,by that time it will cross my deadline.Can anyone suggest me any proper reason for me to defend myself on court?Thanks....

alexis2000 · Post by **alexis2000** » Tue Mar 24, 2009 5:04 pm

an.antony wrote:Thanks for your advice.As I can't afford any solicitor i tried two,three free solicitors in my area.But no one taking any new cases for the next two weeks,by that time it will cross my deadline.Can anyone suggest me any proper reason for me to defend myself on court?Thanks....

Try to explain the reason why you slipped down the Â£800. Must be a very intelligent/convincing reason such as an emergency or something. I am going through the same case where my lawyer is working on that.

Seek for free legal advice/representation here:

http://www.iasuk.org/

an.antony · Post by **an.antony** » Tue Mar 24, 2009 5:12 pm

but only Â£10 got down,so what strong reason can i explain them.Actually i made an online payment earlier,but suddenly they didn't deduct money from my account and its shown in my statement later....thanks for your advice.What reason ur lawyer told for you?

alexis2000 · Post by **alexis2000** » Tue Mar 24, 2009 5:18 pm

an.antony wrote:but only Â£10 got down,so what strong reason can i explain them.Actually i made an online payment earlier,but suddenly they didn't deduct money from my account and its shown in my statement later....thanks for your advice.What reason ur lawyer told for you?

I see. My case is slightly different that's why you need to seek for legal advice even if its free or charge through charities or something so that they can somehow create a good excuse. Don't see many chances if you do it by yourself. All the best!!

RAJ2007 · Post by **RAJ2007** » Tue Mar 24, 2009 5:49 pm

If you need free immigration advice/lawyer go to your nearest law centre or OISC office.

an.antony · Post by **an.antony** » Tue Mar 24, 2009 6:01 pm

I met some solicitors but they r not taking any new cases right now.2mrww again am going to meet another one ..let me see it works or not ..if not am thinking to go myself

an.antony · Post by **an.antony** » Mon Mar 30, 2009 3:44 pm

i sent my appeal form today.Can anyone knw in how many days i will get any response from AIT?

A · Post by A » Mon Mar 30, 2009 4:22 pm

Hello an.antony,

There is no saying how long it will take for you to get a response from the AIT as to when your hearing will be (I assume you applied for an oral hearing?). However, with me I heard back within 2 weeks (from memory) that my hearing date was set for 2 months later. That's just to give you a rough idea, but it can be different from person to person. Of course, once you do have your hearing, and if you are successful, who knows how long it takes after that. Myself, I've been waiting nearly 3 months since my successful appeal and still heard nothing so it can be a very long process.

So did you end up filling out the form yourself then? What grounds did you mention? I hope, for your sake, you have another bank statement of another account which can fill the gap for you, otherwise, I dare say, the AIT will not accept it. But I'm no expert.

All the best,
A.

swjunkie228 · Post by **swjunkie228** » Mon Mar 30, 2009 4:25 pm

Actually, I don't believe the home office was incorrect. If you applied before a certain date (I can't remember the exact date but on or around Oct 31), then under the transitional arrangements you only had to have the money in your account for one month. However, I think you applied outside of the original (transitional arrangement) dates and therefore you would have to have it for the three months.

I think it depends on when you hear. Everything I read on the AIT website said 0-5 Working days but I didn't receive a response about my appeal until almost 15 working days later (three weeks).

RippedOff · Post by **RippedOff** » Wed Apr 08, 2009 8:56 am

I strongly disagree that IGS to PSW transitional applicants needed to gain points in maintenance to get the visa. Note I said points. When the PSW was first introduced, the UKBA gave the impression that the transitional arrangement was a one-off, close your eyes and give the second year thing...but we all know the UKBA - INCONSISTENT. Send an email to the UKBA email enquiry service. When you get the automated reply read very carefully what is said about the transitional arrangement:

Transitional Arrangements:

If your leave to remain on the basis of IGS or SEGS expired before 30th June 2008, you will not be eligible to apply for an extension under Points Based System Tier 1 (Post Study Work).

If you have valid leave to remain under IGS or SEGS on or after 30th June 2008, you will be able to apply to extend your permission to stay in your existing category. You will not be required to meet the points requirement if you are applying under this transitional arrangement. You can apply under these transitional arrangements at any time from 30th June 2008. If your application is successful you will receive an extra year from the date your visa is due to expire. You will need to use application form Tier 1 (Post Study Work), which is available on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/worki ... poststudy/

What's that??? You mean this part of the rules mysteriously disappeared??? I don't care whether they intended to say attributes or english language skills did not need to be met....they said POINTS.
Points include maintenance...therefore if you scored 0 in maintenance you were supposed to be given the visa anyway....that is what that paragraph means in my mind. This is obviously not in the Caseworker guidance - hence we are treated like students fresh out of university that could just go back to their country to get the visa, when we can't! Do fight for what you are entitled to. You don't just wake up one day, delete a category of visa, replace it, change the requirements and misinterpret what a transition is supposed to mean!

I was rejected for the same reason. I encourage you to appeal...keep your bank statements stellar, show the judge that email. An appeal was recently won on this same issue:

http://www.gherson.com/News/Ghersonsucc ... ments.aspx

However their fees are in the region of Â£5000!

Reading that however, will give you an idea on how to argue.
Good luck.

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Can anyone help HO refused my psw (Maintainance Funds)

Can anyone help HO refused my psw (Maintainance Funds)

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Re: Can anyone help HO refused my psw (Maintainance Funds)