post study work permit-tier 1- maintainance apeal

[nikitasha8]

hi.. i applied for tier 1 on 16/02/09 which was rejected du to maintainance issue. i think i did stupid mistake but i would sai i was also given wrong information by HO. i called home office before sending application to confirm if i £800 at every time or should it be just an end balance. i was told end balance and though my balance dropped below £800 at some times during 3 months but i always transferred those money to my savings account as per my usual habit but my end balance was always abovr £1000.

I have given right to appeal but i dont know if it a good idea. can any one also tell me if there are any chances to win appeal if i show them my savings account statement.

How long does it take to get appeal decision and also please tell me if i dont appeal and decide to go back india..how many days have i got and will it be considred as overstay when i go back to india. i got my visa back on 01/05/09 and my visa expired on 31/03/09

[shaina322]

Hello there, I'm sorry to hear about your difficulties, but you are not alone the Home Office is doing this to so many people now.

Based on what you have said, I think you should appeal. It is totally valid to show savings account statements, as long as the balance has never gone below 800 pounds. as long as that is the case, you have a great shot at your appeal. I just had my hearing at the beginning of April and received my decision two weeks ago and my appeal was allowed. I was also refused on the basis of maintenance funds (for a completely stupid reason, I was also given bad advice). when I showed the court all the documentation which showed that I had the necessary funds, they granted my appeal.

If you should decide not to appeal and instead to go back to India. You only have until the date that you have to submit the appeal to leave the country (I believe 10 working days from the decision). After those days are up, you have overstayed and will have trouble coming back or reapplying for you visa.

I hope this helps.

[THENDIST]

First - sorry to hear about your experience - nikitasha8 - but as shaina322 mentioned - this is a common thread now. I would agree with shaina322 and advice you to appeal - if you can show the judge that you had the required sum at the time then your appeal should be allowed just as for shaina322.
Second - congrats to shaina322 - its news like this which gives hope to the vast majority of us in similar situation. Can you share your appeal experience with us and at which centre was your appeal?

[shaina322]

Thank you for your congratulations, if you are going through this whole crazy business as well the best advice I can give you is not to get discouraged (I know this is incredibly difficult). It seems to me that the whole process is in place to discourage people from trying to fight the HO decisions.

thendist - I am happy to share my appeal experience with you. although in reality there is not so much to tell. after sending in my appeal forms and being assigned a centre where my case would be heard (all of which took a bit over a month), I went to the tribunal centre (Taylor House I believe, EC1 near grays inn road) with a 10 AM appointment. I learned that they give everyone 10 AM appointments and what time your case is actually heard depends on the other cases that day. Asylum cases will always go first, followed by immigration cases with representation, followed by immigration cases with no representation.

my case was heard around noon and it literally took 5 minutes. I showed my documents to the Judge and to the HO representative, who said he was satisfied with them but he could not concede the case because he did not have the authority to do so (only his boss could do so and his boss had never look at my case, which is absurd they had had my documents for over a month and never took 1 minute to look at them). anyway, then it was over and 10 days later I received a notification in the post saying that my appeal was allowed. and now the real waiting has begun for me, waiting for the HO to ask for my passport. I have called them and they said they cannot give me any information on when they will contact me. so, now im sweating over this. but, this is a step ahead of where you are.

i am happy to help however i can. this is a terrible process that can put you into chronic states of panic as it is so unclear what is going on the whole time. but it seems to be happening to everyone, so try not to let them get to you. hope it helps

[vinata]

Hi everyone,

Thanks Shaina322 for her valuable comments on her experience. I am in the exactly the same situation been refused because my bank account felt short for a few days. I have additional evidence to prove i had enough money on my bank account at the time of application.

Therefore i have got a question. How long were you waiting between the time you received a letter confirming your hearing date and the actual hearing in the court? I understood you were waiting for 4 weeks for a letter from AIT, but how long did it take you in total?

Thanks for your reply.
Vinata

[azrael78]

Thanks for all the info, shaina322, it was helpful. Today I got the decision from the judge (the appeal was granted), it took them five weeks !! It’s very annoying but at last I got the letter. I have a question for shaina322 or anyone who can answer: how long does it take from the moment you get the notification until the home office contacts you with instructions and how long is it until you actually get the visa stamp on your passport? I do hope somebody can help and I am happy to share my experience so far

Cheers

[yasa]

Thanks for all the info, shaina322, it was helpful. Today I got the decision from the judge (the appeal was granted), it took them five weeks !! It’s very annoying but at last I got the letter. I have a question for shaina322 or anyone who can answer: how long does it take from the moment you get the notification until the home office contacts you with instructions and how long is it until you actually get the visa stamp on your passport? I do hope somebody can help and I am happy to share my experience so far

Cheers

[5fifty5]

Thanks for all the info, shaina322, it was helpful. Today I got the decision from the judge (the appeal was granted), it took them five weeks !! It’s very annoying but at last I got the letter. I have a question for shaina322 or anyone who can answer: how long does it take from the moment you get the notification until the home office contacts you with instructions and how long is it until you actually get the visa stamp on your passport? I do hope somebody can help and I am happy to share my experience so far

Cheers

Hi,
It can take anywhere from 4-6 weeks to contact your for your passport and further 4-6 weeks to get your passports back. I know it would freak you out, but hey, you will get your visa in the end so hang on tight.

[priya_bhosale]

Hello,

My extension (hsmp extension under tier 1 general) appeal was allowed 2 weeks ago and i am waiting for HO to ask for my passport. I received the determination in just 4 days after the hearing date!

Does anyone know the number we can contact HO on to chase them up? Or any email address?

[priya_bhosale]

Ooops just realised i am posting on the wrong forum. And i cant delete it for some reason! Sorry