PSW-Maintenance fund, AIT refused and fresh application

[ar_umt]

I had IGS and applied for PSW misunderstanding the requirement of £800 maintenance fund. Obviously my visa application was refused by HO then I appealed and went to AIT. There my solicitor argued that I am in full time employment which basically fulfils the basic philosophy of maintenance fund requirement that immigrants maintain themselves without accessing the public fund. Most importantly my representative argued that “£800 is only guidance not lawâ€

[jack199]

[quote="ar_umt"]I had IGS and applied for PSW misunderstanding the requirement of £800 maintenance fund. Obviously my visa application was refused by HO then I appealed and went to AIT. There my solicitor argued that I am in full time employment which basically fulfils the basic philosophy of maintenance fund requirement that immigrants maintain themselves without accessing the public fund. Most importantly my representative argued that “£800 is only guidance not lawâ€

[tuhadda_fuffar]

[quote="ar_umt"]I had IGS and applied for PSW misunderstanding the requirement of £800 maintenance fund. Obviously my visa application was refused by HO then I appealed and went to AIT. There my solicitor argued that I am in full time employment which basically fulfils the basic philosophy of maintenance fund requirement that immigrants maintain themselves without accessing the public fund. Most importantly my representative argued that “£800 is only guidance not lawâ€

[yasa]

[quote="ar_umt"]I had IGS and applied for PSW misunderstanding the requirement of £800 maintenance fund. Obviously my visa application was refused by HO then I appealed and went to AIT. There my solicitor argued that I am in full time employment which basically fulfils the basic philosophy of maintenance fund requirement that immigrants maintain themselves without accessing the public fund. Most importantly my representative argued that “£800 is only guidance not lawâ€

[ar_umt]

Dear all
thanks for ur responses.
Dear tuhadda_fuffar my fund will be ready by the end of this month, Jun.
Toaday i have received decision from AIT Review as well. and they have refused again and advised me that i can go to High Court if i want. my representative is barrister Nicholas O,Brien from Ellis Taylor Law Firm, Chancery Lane London. His main point is the "difference between guidence and law", that £800 for specific period of three months time is guidence not law. and this is beyond the scope of AIT to decide. it is the high court who can make such decision. and if this case goes to high court it will be a principle case. see

http://freemovement.wordpress.com/2009/ ... n-trouble/

suggestions requried,
1. should i go to high court?
2. also do u know any specific case where appeal allowed on the base of full time employment or regular income?

Arif

[vinata]

I think you should go to the High Court. At least you don't loose anything, but still have the chance to win.

So, do it if you have money to pay for solicitor. But, I believe, it will be paid back to in the end.

Good luck.

[tuhadda_fuffar]

Dear all
thanks for ur responses.
Dear tuhadda_fuffar my fund will be ready by the end of this month, Jun.

suggestions requried,
1. should i go to high court?
2. also do u know any specific case where appeal allowed on the base of full time employment or regular income?

Arif

If you have a visa, you should go to high court, no matter if yours will be a principal case.

Think for a minute if your solicitor asked you of more money to go to high court or if its mentioned anywhere in the contract between your two. Use your money sensibly! And also it would be time consuming.

I believe your employer wont have any issues!

[alexis2000]

Hi arif,

I was wondering how your case is going?
Did you apply for a high court review in the end? If so what is the process like in term of chances and waiting times?
The AIT just refused my reconsideration application and now I have chance to challenge it by going to high court with my lawyer.

I'd appreciate your information.

Thanks.

A

Dear all
thanks for ur responses.
Dear tuhadda_fuffar my fund will be ready by the end of this month, Jun.
Toaday i have received decision from AIT Review as well. and they have refused again and advised me that i can go to High Court if i want. my representative is barrister Nicholas O,Brien from Ellis Taylor Law Firm, Chancery Lane London. His main point is the "difference between guidence and law", that £800 for specific period of three months time is guidence not law. and this is beyond the scope of AIT to decide. it is the high court who can make such decision. and if this case goes to high court it will be a principle case. see

http://freemovement.wordpress.com/2009/ ... n-trouble/

suggestions requried,
1. should i go to high court?
2. also do u know any specific case where appeal allowed on the base of full time employment or regular income?

Arif

[nread]

Why did the AIT throw it out...? What evidence did you supply to the court and HO regarding maintenance..?

[SH]

Hello everyone.

I've got my psw appeal refused today and preparing the application for reconsideration right now. I am not really optimistic about the result, but was wondering how much more time this might give me to stay in UK. Also, am I still eligible to work as before until I get the reply?

[parham.r]

Dear ar_umt

I am sorry to hear it. But unfortunately the AIT judges can only consider the evidence appertaining at the time of decision. If you have any other account in the UK or in overseas when put together can make up £800 for the period when you first sent the forms, then you will a good chance to win.


I know to appeal at the High Court you have to pay £400.

[parham.r]

Dear SH

I am sorry to hear this. You can stay legally in the UK as long as you are waiting to get the reconsideration decision. Hopefully you will win but otherwise you will have 28 days to leave the UK. In this case you will need to show the court letter at the airport.

[SH]

Dear parham.r
Thanx ever so much for the reply. I was actually wondering about the approximate time length (days) for them to take the decesion regarding the reconsideration, that way I could plan certain personal things ahead