Appeal succesful what is next??

[sweet prenses]

Hi everyone,

My appeal at AÄ°T has been sucessfull and I have received the letter from the judge yesterday.

Im aware that the HO can appeal against the decision within the next 5 days, which is unlikely though.

I have however 2 questions:
1. Can I take legal work (part time and/or full time) until I have the finally the visa issued?

2.What is the timeframe generally from the AIT decision to the issued visa in my letter box? Should I wait until the HO requests the passport or should I send my passport proactively to them?

Help would be much appreciated! Thanks!

Re the appeal hearing:
I recommend to put together a professionally looking bundle of any evidence that might counteract the argumentation of the HO.

Sweet prenses

[jack199]

Hi everyone,

My appeal at AÄ°T has been sucessfull and I have received the letter from the judge yesterday.

Im aware that the HO can appeal against the decision within the next 5 days, which is unlikely though.

I have however 2 questions:
1. Can I take legal work (part time and/or full time) until I have the finally the visa issued?

2.What is the timeframe generally from the AIT decision to the issued visa in my letter box? Should I wait until the HO requests the passport or should I send my passport proactively to them?

Help would be much appreciated! Thanks!

Re the appeal hearing:
I recommend to put together a professionally looking bundle of any evidence that might counteract the argumentation of the HO.

Sweet prenses

First of all Congrats for the good news. Yes HO will have 5 days to challenge judge's decision, if they dont they you will have to wait for the HO call in letter which on average takes about 8 to 10 weeks and then send your passport to HO and then it will take another 3 to 5 weeks to get you passport back.

Hope that helps

[vinata]

Congratulations on your successful appeal.

My solicitor told me that provided your appeal is succesful, your current stay is extended until your PSW visa is issued. So you can work 20 hours per week without any problems.

As regards the second question, there is no clear answer. In theory it should only take 4 weeks for the HO to endorse your visa into the passport, but it usually takes more than that. It really depends on your case, your solicitor and the stars. I know people who were waiting for 4 month to get their visas stamped, but others were waiting only for 5 weeks in total.

Is there any chance you could share your experience in court with us?
Please describe the process, how long it was for, whether you were asked any questions by the judge or the HO representative, and what the grounds of your appeal were.

This info would be much appreciated as my own hearing on maintenance funds in going to be in July.

Thanks in advance.

[jack199]

Well Ninata; Different people had different experience. My appeal was successfull on April but i haven't received anything from HO to say that they need my passport. Now a days quite a lot appeals are getting the thumbs up which is why there is a long waiting delay!!

My experience at court was very positive. If you follow my previous posts, you will come to know. I was refused wrongly with a stupid mistake of a caseworker. Even though my balance did not drop below £800 for the last 6 months he refused it!!! At the hearing the judge was disgussed with the refusal and allowed the appeal within 30 seconds NO QUESTIONS WERE ASKED!

Caseworker took my fees statement as my bank statement why the balance was dropping while i was paying in installments even though there is not a single bank with the same name as the university. It was quite funny at the hearing as the judge made the HO rep very embarraced and she did not even ask a single question as the ballsup was from their end. The judge was furious with the way my case was dealt by the caseworker.

All in all the judge blown the HO rep into pieces and she left with the head down.

I have seen someother cases where people have won on many similar type of cases; you just have to be prepared be positive and cover all avenues. Hope that helps

[vinata]

Thanks Jack199,

Yes, I have followed your posts and your experience is really sad.

It is so strange how the HO tries to manage the immigration. First, they allowed too many people in without really thinking about the impact (including those from the new EU member states), and now they suddenly realised what a mistake they have made, and started to show almost everybody on the door without exercising discretion and applying judgement.

The only thing they are interested in is the figures to be included in their reports. Just think about it: "the global refusal rate for Tier 1 is currently 47%". What a great job we are doing!

Yes, I do agree that immigration should be managed, but the approach to it also needs to be fair and justified. At the moment everybody, who has their daily balances dropped below a certain level, is to be expelled from the country. But is this really fair? Does this really mean I cannot support myself, particularly if I spent 5 years in the UK and didn't claim any benefits?

I think that the total approach is wrong. Those, who are well aware of this pitfall, can borrow money, get their visas and then still may not be able to support themselves when left on their own devices. But those who were honest and didn't borrow money, either because they didn't know about this rule or because they had nowhere to borrow, have to leave the country even if they have jobs and enough money to support themselves.

This sounds like absurd. Sorry, Jackie Smith. I know you are very proud of this new system, but this is nowhere near you claim it to be!

[jack199]

Totally agree with you! Jackie Smith is going next week! BUT she will left us with bad memories and experiences, this whole episode is sad, They ask us to maintain the funds which we do in all honesty but they themselves make bogus claim to get money for their 2nd homes which never were theirs!!

At-least we do not steal tax payers money!!!

[azrael78]

Hi Ninata

Could you please keep us updated on your case please? I got the letter with the decision today (appeal granted 5 weeks after the hearing) but I am unsure as to what expect now. Apparently it can take up to 3 moths (5 weeks waiting for the HO to send instructions plus another 8 weeks for them to process the visa. Do you have a solicitor? Any news from him/her? I put forward the appeal by myself and that was fine, but I am thinking it might be worth getting one now just to speed things up? Any thoughts?
Many thanks everyone

[vinata]

Hi Will,

My solicitor told me it should only take between 6 to 8 weeks to get your visa endorsed into the passport. But, I know some people waited for 12 weeks or more. There is no rule to play by, so try to be patient now.

You can also hire a solicitor to help you out with facilitation of your visa, but there is no guarantee you will get it quicker. Just call different solicitors in your area and them for a quote. And then make you decision.

Good luck.

[abdulq]

Hi

Just like you my appeal was allowed and i'm waiting for HO's letter requesting for my passport, my solicitor talked about an appeal enforcement department which I should contact in order to get my visa endorsed and offered to charge £200 additional. Has anyone ever heard of this appeal enforcement or even know how to find them...

[koolbone]

Hi

Just like you my appeal was allowed and i'm waiting for HO's letter requesting for my passport, my solicitor talked about an appeal enforcement department which I should contact in order to get my visa endorsed and offered to charge £200 additional. Has anyone ever heard of this appeal enforcement or even know how to find them...

I'm sure you mean the Appeal Implementation Unit. They're located in Leeds. They are responsible for endorsing the PSW on your passport. Ideally, you're meant to wait for the letter from them before sending your passport.
I believe the address is:
Appeals Implementation Unit

Waterside House

471 Kirkstall Road

Leeds

LS4 2QB

[zarikashif]

u dont need to pay 200 pounds just wait HO will send to you a letter for sending passport requst then after you will get the visa there is no any fee

[lala2312]

Hi Sweet Prenses, Please can you share your experience as I have a similar situation with my bank statement and letter from my university. Can you tell me what exactly was said in court and how you stated your case.

Your input would be greatly appreciated.

Many thanks,

Lala2312

[naima.khan]

hi every body i have won ma apeal on 20 of jan10 got ma decision from AIT on 28th of Jan10, still wondering where to sent ma passport to get stamp, and can body help, should i wait for call letter ? or i can send them my self and where to send for tire 1 General ?

thanks

[joxiri]

So poster I am assuming yourappeal was allowed because your balance didnt actually drop below 800 pounds but rather down to the error of a case worker
Is there anyone whom his/her balance dropped below £800 and has successful defended their appeeal in front of a judge and won their appeal
please do share the experience with us
thank you!!

[arsenal49]

So poster I am assuming yourappeal was allowed because your balance didnt actually drop below 800 pounds but rather down to the error of a case worker
Is there anyone whom his/her balance dropped below £800 and has successful defended their appeeal in front of a judge and won their appeal
please do share the experience with us
thank you!!

get the statement from your another account. SHOW that the date your balance was below 800 pounds, you had enough amount in this other account to bring the balance upto 800 pouds and you will be fine.

for example. your statement shows that from 25 dec - 31 dec , you were short of 800 pounds by 50 pouns. find 50 pounds in another account, in your name, on those dates and you will win your appeal

regards

[joxiri]

and if you cant find another account in your name with those funds then you are automatically rejected i am assuming regardless of the nature of your case
is that corrrect?

[arsenal49]

and if you cant find another account in your name with those funds then you are automatically rejected i am assuming regardless of the nature of your case
is that corrrect?

some people have won the case showing overseas account.

BUT, how can you APPEAL the decision if you dont have 800 pounds to start with.

regards

[joxiri]

the 800 pounds was in the account but it dropped below due to some delayed transactions
obviously its my responsibility
but the option to appeal is there so i might as well take it, i just want to have an idea of what to expect really

[arsenal49]

the judge would want to know if you had 800 pound at all times during 3 months or not.

if the transaction delay was out of your control than that is a very reasonable argument. make sure you gather evidence of why the payment was delayed.

regards

[joxiri]

and if i didnt have minimum 800 pounds through out the 8 months that it?


I dont know why it was delayed i bought a train ticket from south west trains and it didnt show up on my account until 10 days later
it shows on my statements but i dnt ve any evidence to say why it took 10 days cos i dont know why either
anwyays thanks for your help so far arsenal

[arsenal49]

8 months???? where that come from?

when you submitted your app, you were suppose to show u had 800 pounds in your account for 3 months. if your balance was less than 800 pounds during that period, your app must be refused.

the only way you can win the appeal is by showing enough amount elsewhere on the dates your balance fell below the threshold.

it doesnt matter if you maintained 800 pounds after decision was made on your app.

you need to trace the fluctuation with your bank as this is your only hope in succeeding with appeal process.

regards

[joxiri]

sorry meant to say 3 months
well on the bank statements it shows how many days the transactions took so maybe this will persuade the judge if not
well seems like I am chasing a lost cause then
I will just have to plead with the judge and see where that gets me
thanks for your help arsenal

[burmanp]

and if i didnt have minimum 800 pounds through out the 8 months that it?


I dont know why it was delayed i bought a train ticket from south west trains and it didnt show up on my account until 10 days later
it shows on my statements but i dnt ve any evidence to say why it took 10 days cos i dont know why either
anwyays thanks for your help so far arsenal

I had similar case where the hostel i stayed charged my card after five days of payment and when the transaction showed up, it knocked my balance off from 800 quids. But in my case, i have an overseas account with my name to back up so i used it to make up the lost. But from what you've said, you could probably provide the confirmation and order processed date from the train company (i.e if you bought it online, you must have an email but if you bought it at the station, you should have kept the card payment receipt which i don't think u have it now) and it was between them and your bank delayed the transaction, so it was rather out of your control.
But always clearly state what documents you're showing and why in your appeal letter to make the judge sees from your perspective.
If you can't do that, get a good lawyer to do that for you.

Good luck

[joxiri]

@ burmanp
on my bank statement it clearly showed it had taken 10 days to get debited of my account, i bought the traint ticket from the ticket machine in the station didnt have any receipts
At my appeal hearing, the judge did acknowledge he had seen it
it has been 7 days since appeal now and I have not heard anything
he was an ok judge and said there was little he could do but he would try and said he will inform me of his decision within a week I have not heard anything
how long did it take before you got a reply from AIT