wondering about appeal

[york]

Hi,
I've never posted before but got a rejection letter today (IGS to PSW) and have been hugely helped and cheered by all of your postings. I'm wondering if anyone can advise me on this issue or has had anything similar happen to them...

Am transitioning from IGS to PSW. I have the maintenance funds in my account, and have had them for the 3 month period without a problem. However, one month after I sent in my application the home office sent it back with a form letter saying I had filled in the wrong application form (they had just put out a new one on the website which I had not seen). I re-did the application, sent in a covering letter with the home office ref on it and all of the info that I had previously sent, specifically asking if they needed any further documentation to contact me. They sent me the usual letter saying they'd received it and not to send anything in for 28 days. A month letter they sent me a refusal, saying that my bank statements werent' dated within one month of the application--because they were the ones that I'd sent in with the first form! Nowhere on the letter that they sent me did it say that I should send any more bank statements--it just said to send in a new application form as my old one was out of date. The forms are identical, except for the fee, which I paid.

I'm really confused about what to do. I have a full-time teaching job and suddenly am being told to leave the country! In September I will have made enough money to apply for Tier 1 General. I am going to try to reach solicitors on Monday to see what they say but I don't know if I'd be allowed to show this bank statement in an appeal or not...Since I did have (and do have) the maintenance do you think I have a chance? I have 10 days to appeal

Any help would be amazing--this is just a hellish situation.

Anna

[koolbone]

Hi,
I've never posted before but got a rejection letter today (IGS to PSW) and have been hugely helped and cheered by all of your postings. I'm wondering if anyone can advise me on this issue or has had anything similar happen to them...

Am transitioning from IGS to PSW. I have the maintenance funds in my account, and have had them for the 3 month period without a problem. However, one month after I sent in my application the home office sent it back with a form letter saying I had filled in the wrong application form (they had just put out a new one on the website which I had not seen). I re-did the application, sent in a covering letter with the home office ref on it and all of the info that I had previously sent, specifically asking if they needed any further documentation to contact me. They sent me the usual letter saying they'd received it and not to send anything in for 28 days. A month letter they sent me a refusal, saying that my bank statements werent' dated within one month of the application--because they were the ones that I'd sent in with the first form! Nowhere on the letter that they sent me did it say that I should send any more bank statements--it just said to send in a new application form as my old one was out of date. The forms are identical, except for the fee, which I paid.

I'm really confused about what to do. I have a full-time teaching job and suddenly am being told to leave the country! In September I will have made enough money to apply for Tier 1 General. I am going to try to reach solicitors on Monday to see what they say but I don't know if I'd be allowed to show this bank statement in an appeal or not...Since I did have (and do have) the maintenance do you think I have a chance? I have 10 days to appeal

Any help would be amazing--this is just a hellish situation.

Anna

First things first, try and be calm. I know it feels like the whole world just came crashing down, especially if it's your first refusal. Just have confidence in the fact that a lot of people before you have being successful with their appeals, I, being one of them.
Your case is pretty straight-forward and I'm positive you'll win your appeal. It's a ridiculour refusal and of course you'll be allowed to submit your most up-to-date statements, especially since you've had, and still have the required sum in your account. They're people with worse cases than yours who had their balance falling at different times during the 3 month period but were able to win their appeals by showing that they had the deficit in other accounts in their name, accounts which they didn't even submit with their original application.
Worse cases than this have been successful, so I don't think yours is a problem.
Go see a solicitor to help you with drafting your witness statement and organising other documents you need to send and appeal ON TIME before the deadline expires.
Also, while your appeal is going to be considered, your previous leave will be treated as 'continuing' so you can continue working.
All the best, let your mind be at rest, you'll definitely win your appeal.

[york]

Thank you for taking the time to reply to me--it's great to hear from others who've been through it.

[tuhadda_fuffar]

Hi,

Any help would be amazing--this is just a hellish situation.

Anna

My wife was refused visa due to more than 30 days old statement. You can reapply if u still have valid visa or otherwise you can appeal. However chances of winning the appeal will be greater if you have all info and documentation. Go through home office website thoroughly. You would not need a solicitor (and waste money) to represent you if you have documentation and can speak fluent English. However choice is yours. The winning chances are greater.
Keep enough money in your account.
Provide latest bank statements.
Provide originals of all documents.
You will have to mention that u were refused visa to UK once, in all your future UK visa applications!
(My wife got her visa after reapplying with latest bank statements)

[york]

Thanks. I can't reapply since they've kept my passport past the visa date, and I can't re-apply from my home country because its IGS to PSW, so all I can do is appeal...which I will do. Will speak to solicitors on Monday and see what I can get. I hvae all the documentation, and I have all the money, it's just the date of one bank statement!

[parham.r]

I believe you will have a good chance to win your appeal. It is necessary to provide the tribunal with bank statements covering the whole period, ie. from the first time you sent the forms until recently.

By doing so you will prove that you have had the required money all the time according to the guidelines. So please do not worry and it can be better if you ask a solicitor to prepare the papers for you.