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PSW fund maintenance refusal...Appeal

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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kashi50
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Posts: 24
Joined: Sat Mar 21, 2009 1:32 pm

PSW fund maintenance refusal...Appeal

Post by kashi50 » Sat Mar 21, 2009 1:36 pm

If someone help me…………..Thank you in advance

My PSW visa refused because of fund maintenance, my first three days of the bank statement (12 Oct 2008 to 15 Oct 2008) shows balance below £800 and rest of the days the balance is above £800 until now. My student visa was expired 0n 31st Jan 2009 and I sent my appeal form on time. My hearing date is 12th April 2009. I didn’t put any representative name as I can’t afford them. I don’t have money in any of my other account on those days which can be challenged in court. Can anyone help me and give any valid reason which I can raise there to win the case. Does anyone have went through in appeal procedure and can explain to me that what they will ask to me or what should I answer or any immigration rules which I explain to defend myself.

Last question, if my appeal not allowed, can I send fresh application form for reconsideration or need to go back to my home country. In home country £2800 bank statement required, can I use there my UK bank statement or not? :cry: :cry: :cry:

flygirl
Junior Member
Posts: 92
Joined: Fri Feb 27, 2009 9:33 am
Location: United Kingdom

Post by flygirl » Tue Mar 24, 2009 10:31 am

At the time of initial application, for how many days was the balance above 800?

I'm sorry I don't know what questions you may be asked in court but to answer one of your questions, you can use your UK bank statement in your home country. But hopefully the judge will be lenient in your favour and you won't need to apply in home country.

best of luck.

drjabberwocky23
Senior Member
Posts: 541
Joined: Wed Jan 09, 2008 10:08 pm

Post by drjabberwocky23 » Tue Mar 24, 2009 1:56 pm

Was the period that you claimed for between 12/10/2008 and 12/01/2009?

kashi50
Newly Registered
Posts: 24
Joined: Sat Mar 21, 2009 1:32 pm

Post by kashi50 » Tue Mar 24, 2009 7:49 pm

drjabberwocky23 wrote:Was the period that you claimed for between 12/10/2008 and 12/01/2009?
Yeah, first time i sent my bank statement from 12 oct to 12th Jan and in appeal i sent again from 12th oct to 2 March, after that my balance never dropped. Please any suggestion or advice :( :( . Thank you in advance.
Regards

msg2lincoln
Newly Registered
Posts: 2
Joined: Thu Mar 26, 2009 1:03 pm

MAINTENANCE FUND APPEAL

Post by msg2lincoln » Thu Mar 26, 2009 11:05 pm

i am in a similar boat as u are, my account for the three months was flawed by drop in balance for just three days from £800 to about £690. In my case i never knew the rule had changed as i was previously on the IGS and to the best of my knowledge then-renewal for the extra year to make up for a total of two years was automatic.
The new rule came into effect sometime in october 2008, and i only knew about it in Deceber 08. My application was refused and i was offered an appeal--my appeal date is on the 8th of april09-----had to get a legal perspective and support at no joking fee of 1k---
they intend to argue the case based on the following factors:
-that the previous rule made my 1yr extension automatic
-that i was not aware of the new changes , as such didnt have time to work towards it
-that i have been gainfully employed with one of the LA for a year earning around £25000 per annum
-that i have never committed any crime
-my educational achivements
-seperation from my wife etc

i dont realy know my chances of a favourable responce but i know if i was refused-i can always appeal the descion of the appeal , and so on and so forth,,,,,God help me....

kashi50
Newly Registered
Posts: 24
Joined: Sat Mar 21, 2009 1:32 pm

Re: MAINTENANCE FUND APPEAL

Post by kashi50 » Wed Apr 15, 2009 9:19 am

msg2lincoln wrote:i am in a similar boat as u are, my account for the three months was flawed by drop in balance for just three days from £800 to about £690. In my case i never knew the rule had changed as i was previously on the IGS and to the best of my knowledge then-renewal for the extra year to make up for a total of two years was automatic.
The new rule came into effect sometime in october 2008, and i only knew about it in Deceber 08. My application was refused and i was offered an appeal--my appeal date is on the 8th of april09-----had to get a legal perspective and support at no joking fee of 1k---
they intend to argue the case based on the following factors:
-that the previous rule made my 1yr extension automatic
-that i was not aware of the new changes , as such didnt have time to work towards it
-that i have been gainfully employed with one of the LA for a year earning around £25000 per annum
-that i have never committed any crime
-my educational achivements
-seperation from my wife etc

i dont realy know my chances of a favourable responce but i know if i was refused-i can always appeal the descion of the appeal , and so on and so forth,,,,,God help me....
Yesterday I went for Oral Hearing and Secretary of State didn’t turn. Detail are as following …hope you people will prepare yourself according to that…keep at least two copies of each documents with you.

Some time secretary of state come and asked question but in my appeal he wasn’t there…

Following question I have been asked by Judge and Secretary of state didn’t turn up:

After showing identification like passport etc:
1. What are you doing now a day?
2. Still living on ABC address…?
3. Where are you working?
4. Full time/part time?
5. Do you have any supporting document? (I showed my home country statement)
6. Why didn’t you send this with your application? (i gave reference to following:
In PSW form about Fund maintenance Requirement:
In Section N
N1. Does the applicant have access to £800 available funds to support himself?

Tier 1- Policy Guidance # 90
In order to qualify for entry clearance or leave to remain under Tier 1 an applicant must show that he/she has enough money to support himself/herself. Applicants in the United Kingdom seeking further leave to remain must have at least £800 of personal savings which must have been held for at least three months prior to the date of application. Without use of public funds. ) so I didn’t see anywhere that £800 should have each n every day…..

7. Who supported you while studying in UK? (parents)
8. Did they transfer money if yes…..how often and how much?
9. Do you have original statements with you…? (no)
10. How do you prove that it’s original and not fake?
11. Do you have anything which you didn’t send with appeal?
12. Do you want to say anything else?
13. Judge said that he will reveal that decision in next few days. Have a good day!

heman
Member
Posts: 111
Joined: Fri Mar 13, 2009 10:02 pm

Post by heman » Wed Apr 15, 2009 1:00 pm

many many thanks mate for sharing ur experience. and good luck. insallah u'll win the case soon. dont worry bro

kashi50
Newly Registered
Posts: 24
Joined: Sat Mar 21, 2009 1:32 pm

Appeal allowed

Post by kashi50 » Tue Apr 21, 2009 11:21 am

I got letter from Judge...Appeal Allowed...now i am waiting for HO letter...Thanks to everyone

jack199
Member of Standing
Posts: 339
Joined: Mon Mar 02, 2009 7:50 pm

Re: Appeal allowed

Post by jack199 » Tue Apr 21, 2009 11:25 am

kashi50 wrote:I got letter from Judge...Appeal Allowed...now i am waiting for HO letter...Thanks to everyone
Great news mate :-)

RippedOff
Newly Registered
Posts: 27
Joined: Thu Jan 22, 2009 1:29 pm

Re: Appeal allowed

Post by RippedOff » Tue Apr 21, 2009 12:06 pm

kashi50 wrote:I got letter from Judge...Appeal Allowed...now i am waiting for HO letter...Thanks to everyone
Whoopee! :D
Congratulations!
So many success stories, I pray to God that my case will be the same!

:D

parham.r
Newbie
Posts: 31
Joined: Fri Mar 20, 2009 12:43 pm

Post by parham.r » Wed Apr 22, 2009 1:11 pm

Thank God

Many congratulations. I pray for everybody and myself to win.

manuj_78
Newly Registered
Posts: 8
Joined: Fri Apr 24, 2009 8:32 pm

Appeal Letter

Post by manuj_78 » Sat Apr 25, 2009 9:06 am

Hi,
would someone be able to provide me with a sample of the appeal letter that was filed. I have also been rejected my extension as my funds were low for the first 3 days of the 3 month period.
I am planning to appeal myself and some guidance with the content of the appeal letter will be highly appreciated

pomkon
Newly Registered
Posts: 5
Joined: Thu Nov 12, 2009 11:31 am

Post by pomkon » Sun Nov 15, 2009 12:36 pm

I thought you just send an appeal form and wait for the decision. Why do you have to go to court?

I am thinking of appealing on my own as well, want to save money and my deadline is 19 NOv

czkhan
Newly Registered
Posts: 12
Joined: Mon Nov 16, 2009 4:51 pm

Post by czkhan » Mon Nov 16, 2009 4:58 pm

Hello,

I made a post study work application under tier-1 visa category on 25th Sept 2009. I received all my documents today with the refusal letter dated 12th Nov 2009. My application was rejected on the ground of insufficient funds required for the minimum duration of 90 days. As such I manage to keep my balance above the minimum requirement of £800.00 from 28th Jun 2009 as of today (16th Nov 2009). Hence, if i would have made my application on 28th Sept 2009, it would have fulfilled 90 days requirement, but due to panic I applied 3 days before cos I didn't wanted the application to be received by home office after my visa would have expired on 30th Sept 2009. What should I do now?

1) Appeal against the home office's decision? (I don't know on what ground I can make my appeal since as per the rules when I made my application I didn't had sufficient fund for the required duration of 90 days and this fact doesn't change even when I appeal, although I have managed the balance above the required limit of £800 since 28th Jun 2009).

2) Am I allowed to make a fresh application despite the fact that my last visa expired on 30th Sept 2009?

If I reapply after my visa expired, will this affect my 10 years continuous stay in UK when I apply for my permanent leave to remain (I have been living in UK since Sept 2003)?

czkhan
Newly Registered
Posts: 12
Joined: Mon Nov 16, 2009 4:51 pm

Post by czkhan » Mon Nov 16, 2009 5:02 pm

Thanks for reading and replying to my previous querry :?

Regards,

shez

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