HELP - TIER 1 - APPLICATION REFUSED - Maintenance Funds

[fbd]

HELP PLEASE - TIER 1 APPLICATION REFUSED based on lack of maintenance funds.


Yesterday I received a refusal letter from the UK Border Agency for my visa application under the TIER 1 (GENERAL).

According to them, my step account was below the minimum 800 GPB for maintenance funds during 8 days of the three months. Unfortunately they are correct as far as the step account is concerned.

However, after reading my bank statement to check this info, I remembered that for no specific reason, I transferred these funds to my savings account during this period. After realising that it could get in trouble, I transferred the money back to my step account.

For a matter of illustration, the money was transferred on 05 January from the step account on to the savings account and then transferred back to the step account on 12 January.

However, when submitting my application, I thought that these 7/8 days wouldn't influence. Hence, instead of submitting also the statement of my savings account, I sent only the step statments.

In this regard, my queries are:

1 - do I have the right to appeal? If so, I guess it is necessary to explain this and also enclose the savings statements confirming that the funds were temporarily on the savings account and that I comply fully with the requirement of 800 GBP;

2 - do I need to hire a solicitor for this?

3 - Should I substantiate my appeal based on:

that the decision is not in accordance with Immigration Rules

AND/OR

that the decision is not in accordance with the law;

4 - on the Statement of Additional Grounds should I mention that I work with shipping and that it is extremely important for my company to keep me there because I can speak Portuguese and Spanish? (they can give me a letter stating this).

5 - Can I argue on the Additional Grounds that I was promoted to the management team, etc.. i.e. use the all the good arguments to state the best case?

6 - Should I choose an oral hearing or a paper hearing will do it? If a chose an oral hearing, do I need a barrister or solicitor?

7 - In the case that my appeal is not allowed, can I make a new application without leaving the country? For your information my current leave to remain expired on 02 March 2009.

8 - on the boxes of the form AIT-1 there are not much space to write, can I write on a paper sheet and on refer to it on the box?


Many thanks for your time and consideration.

[yasa]

HELP PLEASE - TIER 1 APPLICATION REFUSED based on lack of maintenance funds.


Yesterday I received a refusal letter from the UK Border Agency for my visa application under the TIER 1 (GENERAL).

According to them, my step account was below the minimum 800 GPB for maintenance funds during 8 days of the three months. Unfortunately they are correct as far as the step account is concerned.

However, after reading my bank statement to check this info, I remembered that for no specific reason, I transferred these funds to my savings account during this period. After realising that it could get in trouble, I transferred the money back to my step account.

For a matter of illustration, the money was transferred on 05 January from the step account on to the savings account and then transferred back to the step account on 12 January.

However, when submitting my application, I thought that these 7/8 days wouldn't influence. Hence, instead of submitting also the statement of my savings account, I sent only the step statments.

In this regard, my queries are:

1 - do I have the right to appeal? If so, I guess it is necessary to explain this and also enclose the savings statements confirming that the funds were temporarily on the savings account and that I comply fully with the requirement of 800 GBP;

2 - do I need to hire a solicitor for this?

3 - Should I substantiate my appeal based on:

that the decision is not in accordance with Immigration Rules

AND/OR

that the decision is not in accordance with the law;

4 - on the Statement of Additional Grounds should I mention that I work with shipping and that it is extremely important for my company to keep me there because I can speak Portuguese and Spanish? (they can give me a letter stating this).

5 - Can I argue on the Additional Grounds that I was promoted to the management team, etc.. i.e. use the all the good arguments to state the best case?

6 - Should I choose an oral hearing or a paper hearing will do it? If a chose an oral hearing, do I need a barrister or solicitor?

7 - In the case that my appeal is not allowed, can I make a new application without leaving the country? For your information my current leave to remain expired on 02 March 2009.

8 - on the boxes of the form AIT-1 there are not much space to write, can I write on a paper sheet and on refer to it on the box?


Many thanks for your time and consideration.

u have posted in a wrong forum..

[heman]

if the only reason to refuse ur app. is for not maintaining required funds then if u appeal u can win as u had 800gbp during that period right ? U have ur savings a/c statements with u to prove that u had the money

[heman]

oh and u have 800gbp in any of ur a/c since then right? try yo get the bank statements.cheers

[heman]

[quote="fbd"]HELP PLEASE - TIER 1 APPLICATION REFUSED based on lack of maintenance funds.

2 - do I need to hire a solicitor for this?
Not exactly, if u have money or too busy with something, ucan save some time by hiring a lawyer, but it will cost u 1k-2k money. they may ask u for more money at any time

3 - Should I substantiate my appeal based on:

Just tell them the truth. But I think u'll win if u appeal

4 - on the Statement of Additional Grounds should I mention that I work with shipping and that it is extremely important for my company to keep me there because I can speak Portuguese and Spanish? (they can give me a letter stating this).
You dont need to do that as this is not related to ur case, anything related to maintaining funds is imp at this stage. but get the letter and u may need that later who knows

5 - Can I argue on the Additional Grounds that I was promoted to the management team, etc.. i.e. use the all the good arguments to state the best case?
U dont need to, because the same reason

6 - Should I choose an oral hearing or a paper hearing will do it? If a
chose an oral hearing, do I need a barrister or solicitor?
Definitely oral hearing, u'll get a chance to say something at the court,
if u do paper hearing, the documents have to be very very good.

7 - In the case that my appeal is not allowed, can I make a new application without leaving the country? For your information my current leave to remain expired on 02 March 2009.
Then I guess they have sent u an appeal form right? so u have to appeal or otherwise u have to leave this country, Im afriad. u cant apply in uk now. sorry

8 - on the boxes of the form AIT-1 there are not much space to write, can I write on a paper sheet and on refer to it on the box?
Oh u got AIT-1, great, yes u can, check the guideline

i am not an expert, but tried to help u.cheers

Many thanks for your time and consideration.[/quote]

[Gururaj]

Hi

I have got the same problem and I have to appeal against the decision. I have got my savings account statements with me and could you please advise me if I have to take care of application process and documentation..


Many thanks in advance
Guru

[fbd]

This post is just to update everybody. I had my visa denied based on lack of maintenance funds, please see details above.

On my appeal I clearly stated that I had the funds during all material times and enclosed evidence (new) of my savings account.

After sending my appeal, I received the hearing date in couple of weeks. The hearing was a month ahead.

On the hearing day (I have chosen oral appeal), it was quite straight forward. The judge allowed my appeal orally. He just asked to confirm what was stated on my letter enclosed to the appeal and to confirm that I had indeed enough money.

I do not recommend hiring a solicitor for this type of case. However, I work in the law field and am aware of the some formalities (although the process was quite relaxed). If you do not feel confident, please look for professional help.

It is important to say that Home Office did not send a representative. It seems that they only send representatives when the case involves ASYLUM.

Now I am expecting the formal notification by the court, which may come in three weeks. The HO may appeal, however this type of appeal is quite costly and expect them not to.

I hope my case will inspire other people to fight against lack of professionalism on the part of the Home Office.

[dahokolomoki]

Thanks for the update, fbd. You are doing this forum and other applicants a great service by sharing your experience, as I am sure there are countless out there who need to appeal and will have to go down the same route as you have.

It would be great as well if after you hear back from the AIT you could post your result here.

[Gururaj]

Hi
Thanks a lot for your update. Your info is quite helpful for a lot of people. It is only now I realize, how many people have been effected in similar circumstances.

Thanks again

[rabelsabel]

Hi Guys,

By chance I found this article on the web. I had given up hope but I found this article. I am also stuck in the same problem. I had the funds but forgot to send the saving statement. Can you please guide me what steps have you taken so far and what resources have you used.

I will really appreciate your help on this.. Please guide me with this. I am really not sure what to do...

Thanks
Kan

[romanhighlander]

Thanks for the update, fbd. You are doing this forum and other applicants a great service by sharing your experience, as I am sure there are countless out there who need to appeal and will have to go down the same route as you have.

It would be great as well if after you hear back from the AIT you could post your result here.

I was in a similar situation and I went with a lawyer. The Home office presenting officer scrutinised me and I was lucky that my lawyer had already given me a list of questions I could expect. My advice, take a lawyer for this to make sure....

[Gururaj]

Dear Tariq,
Could you please let us know what questions were posed to you by the Home Office presenting officer? I am in a siminalr situation but I am assuming I have all my documents in hand and I beleive it would be very straight forward.
1) Could you please let us know any thing we have to take or remember in particular when we go for the hearing.

2) What are the advantages of taking a professional help? I feel I have my account statemenst intact to back my case and I cannot see where it might go wrong. Am I okay with my thinking?

Many Thanks in advance
Guru

[Gururaj]

Hi Kan,
FBD has posted really good questions and there are couple of replies in the same forum. I have just followed the advice posted in his forum and I believe he pretty much went through all possible questions.

If you have anything in particular, please post it through and I am sure there are lot of people to guide you. Good luck with your application

Cheers
Guru