Refusal - PSW to Tier 1

coolfella · Post by **coolfella** » Sat May 09, 2009 12:25 pm

Hi All,

Hope you are well. When I have received the pack from HO, it took me a while to believe that I have just been refused.

Swear to God, I have fulfilled all of there requirements but for some reason things did not turn out to be positive.

Reasons given for the refusal is the mantainance fund! When I have always had above Â£800 in my account. Immigration officer stated that on 28th of Feb and 1st of March I did not have any transactions that took place in my account! By the way 28th of Feb is Saturday and 1st of March is a Sunday. My next page of the statements clearly shown an opening balance of 7K (carried forward) on 2nd of March. I can not still work out how stupid you have to be not to realize that usually bank do not process any transactions over the weekend!

On top of that, I can not appeal against the decision as my current visa expires on Dec 09 and have still right to live in this country. Also no administrative review is available as per the HO letter

Its crystal clear that its a mistake made from HO's side. I am planning to write to them thats all I can do now. I Doubt about the outcome as it depends on this person's discretion.

Given the circumstances can anyone please advise me on any other steps that might help me to seek attention of HO.

Thanks
Imi

nad · Post by **nad** » Sat May 09, 2009 2:34 pm

Hi Immi Sorry to hear that, was the balance Â£700 or Â£7000

smacky · Post by **smacky** » Sat May 09, 2009 3:47 pm

At what point during the 3 months were you below 800? what are you implying when you say "transactions taken place"? how is that relevant?

Post by **push** » Sat May 09, 2009 4:56 pm

You cant have transactions for every date in the 3 month period recorded in your statements because on most of the days there would be no transactions at all. What do you mean when you say -

Immigration officer stated that on 28th of Feb and 1st of March I did not have any transactions that took place in my account! By the way 28th of Feb is Saturday and 1st of March is a Sunday.

- was there any discontinuity in the statements provided by you?

coolfella · Post by **coolfella** » Sat May 09, 2009 6:11 pm

nad wrote:Hi Immi Sorry to hear that, was the balance Â£700 or Â£7000

Thanks, but the balance was 7,000.

just to clarify in my account feb balance looks like

trans date | Details | Paid Out | Balance

26 Feb | xxxxx | 0 | 7,144.55

March statement start as

trans date | Details | Paid Out | Balance

02 Mar | xxxxx | 815.64 | 6328.91

and according to the Immigration officer

"You have provided xx (bank name) statements as evidence of maintenance(funds) however these did not cover the dates 28 feb 2009 to 01 March 09 where transactions have clearly taken place"

if you just calculate it (7144.55-815.64= 6328.91) will add to every pence so there was not any transactions that took place between the date he mentioned (28 feb and march 01).

This is simply a human error as he was just looking at the balance column and questioned that the big drop.

what should i do guys coz i have not been given any options to appeal. Can I go to high court by any chance.

this is simply injustice.

coolfella · Post by **coolfella** » Sat May 09, 2009 6:12 pm

smacky wrote:At what point during the 3 months were you below 800? what are you implying when you say "transactions taken place"? how is that relevant?

it was not below at any point at all. Either he can not do simple math or made a mistake I always had 6 thousands + in my account. please look up, I have tried to draw how my bank statement look like.

coolfella · Post by **coolfella** » Sat May 09, 2009 6:18 pm

push_hsmp wrote:You cant have transactions for every date in the 3 month period recorded in your statements because on most of the days there would be no transactions at all. What do you mean when you say -
Immigration officer stated that on 28th of Feb and 1st of March I did not have any transactions that took place in my account! By the way 28th of Feb is Saturday and 1st of March is a Sunday.
- was there any discontinuity in the statements provided by you?

Dear friend,

I doubt there was any discontinuity.... as explained at the top I have had 6 thousands plus all the time and what he missed is the money (815.64) that taken out of my account on 2nd of March as a result when you are just looking at the balance column there was a drop of balance from Â£7144.55 (end balance of Feb) to Â£6328.91 (balance on 2nd of March) after paying out Â£815.64.

so the assumption here is he was just looking at the balance column and not paying any attention to the rest of the columns.

Do you know if I can go to higher court and challenge this decision.

thanks
Imz

smacky · Post by **smacky** » Sat May 09, 2009 6:29 pm

do the closing balances of the statements you've provided concur with the opening balances of the following ones to the penny?

coolfella · Post by **coolfella** » Sat May 09, 2009 6:38 pm

smacky wrote:do the closing balances of the statements you've provided concur with the opening balances of the following ones to the penny?

Certainly it does, should the person wished he or she would have been able to adds up each and every penny.

there are continuity. my initial assumption was Ok "28th of Feb and 1st of March missed out" but as you can see from his statement he suspected that there has been some transaction over the dates mentioned above. I strongly belive he did not pay attention to the paid out column as a result he wanted to find our discrepencies.

But you can work out the whole statement, all the calculation adds up perfectly.

do you know what can be the possible solution to this as it seems like human error/mistake but enough to ruin my career and keep me busy for rest of the month!

Thanks

didy · Post by **didy** » Sat May 09, 2009 6:53 pm

Sorry for the decision,it looks like they do not want to give you,just go and look for a good lawyer that represent you in court because i strongly believe that you can go to court.

I have a similar case to yours,they refused me on maintenance grounds:
I had more than Â£800 in my account,and i had my baby as my Dependant so i used my partners bank statement to support my baby"s maintenance fund which they clearly stated in the Dependant guidience and policy in page 11,it says that the other parent can produce his/her financial statement provided he/she is legally saying in uk.
I still have leave to remain and am in country so no appeal or consideration but my lawyer is sending a representation.
so chase it further,i think they feel you have leave to remain,so they want u to come again and pay because they no appeal or review,they knew that if u appeal,u will surely win so they we cant appeal but can only re apply just my own case.
just keep me posted let see what happens and how we can fight this together.
WE ARE ALL IN THIS TOGETHER.

didy · Post by **didy** » Sat May 09, 2009 6:54 pm

Sorry for the decision,it looks like they do not want to give you,just go and look for a good lawyer that represent you in court because i strongly believe that you can go to court.

I have a similar case to yours,they refused me on maintenance grounds:
I had more than Â£800 in my account,and i had my baby as my Dependant so i used my partners bank statement to support my baby"s maintenance fund which they clearly stated in the Dependant guidience and policy in page 11,it says that the other parent can produce his/her financial statement provided he/she is legally saying in uk.
I still have leave to remain and am in country so no appeal or consideration but my lawyer is sending a representation.
so chase it further,i think they feel you have leave to remain,so they want u to come again and pay because they no appeal or review,they knew that if u appeal,u will surely win so they we cant appeal but can only re apply just my own case.
just keep me posted let see what happens and how we can fight this together.
WE ARE ALL IN THIS TOGETHER.

coolfella · Post by **coolfella** » Sat May 09, 2009 7:04 pm

didy wrote: I still have leave to remain and am in country so no appeal or consideration but my lawyer is sending a representation.
so chase it further,i think they feel you have leave to remain,so they want u to come again and pay because they no appeal or review,they knew that if u appeal,u will surely win so they we cant appeal but can only re apply just my own case.
just keep me posted let see what happens and how we can fight this together.
WE ARE ALL IN THIS TOGETHER.

Hi Didy, will certainly keep you posted.... thanks for sharing it seems like I am not the only one!

Hope we will get this over. Can you please share the actions that your lawyers taking. when you say sending a representative... can you please elaborate. where is he going to... isn't he sending them a letter first pointing out the fact that they are wrong....

thanks

nad · Post by **nad** » Sat May 09, 2009 9:11 pm

HI Immi and All,
I'am slightly worried now coz, I have to show my balance from Natwest
and the statement date is 5 of every month but in the month of March
my statement is till 3rd coz 4th and 5th is Sat and Sun.
I will be having no answer if they ask why there is no statement for 4th and 5th, any comments appreciated.

didy · Post by **didy** » Sun May 10, 2009 1:58 pm

yes,they sending a letter to points that out then, chase it from there hopefully.

coolfella · Post by **coolfella** » Thu May 14, 2009 3:17 pm

Dear All,

Just to let you know, I am taking my case to the higher court which will be done through a process known as "Judicial Review".

I have a very strong argument here as you can see from the writings above.

I have noticed some of the people here facing the similar problem of refusal but do not have any right of appeal.

So for them judicial reveiw is the last resort if they think there is a strong argument which will eventually go on their favours.

I am more than happy to discuss my experiences if you want. just give me a shout.

ashok_pandey · Post by **ashok_pandey** » Thu May 14, 2009 10:16 pm

Hello my friend,
Sorry to hear about your case.
I have a very-very case similar to that of yours.
Negligence of the case worker in calculating maintainence funds.
Even my case was rejected with no right of review and appeal.

I would like you advise what is the process for the Judicial review and the approximate cost if you dont mind please.

I am eagerly waiting for you reply and would like to know that status of your case.

Thanks

coolfella · Post by **coolfella** » Sat May 23, 2009 6:13 am

ashok_pandey wrote:Hello my friend,
Sorry to hear about your case.
I have a very-very case similar to that of yours.
Negligence of the case worker in calculating maintainence funds.
Even my case was rejected with no right of review and appeal.

I would like you advise what is the process for the Judicial review and the approximate cost if you dont mind please.

I am eagerly waiting for you reply and would like to know that status of your case.

Thanks

Dear Ashok, I am going through JR(judicial review). If you are certain about the fact that HO made a mistake from their end then I would suggest you to proceed with JR.

In this case, consult with a lawyer.

All the best and let me know if you need ant other info.

-immy

Immigrationboards.com: Immigration, work visa and work permit discussion board

Refusal - PSW to Tier 1

Refusal - PSW to Tier 1

Re: Refusal - PSW to Tier 1

Re: Refusal - PSW to Tier 1

PSW REFUSAL

PSW REFUSAL

Re: PSW REFUSAL

Re: PSW REFUSAL