PSW Refued on maintainence funds...plzz guide

[HO.victim]

I had applied for psw and my college was OBC.........
It has been refused becoz my bank statement provided with the application was 6weeks older than the date of application.

The reason for this was i had LLOYDS Cash account which only issues statements on quaterly basis, and my bank also refused to issue me a letter which was a dissappointment.

I Called HO and asked wat to do they told me to write a covering letter and send my application i did so and sent it.but still they refused it.

I want u guys to guide me plzz wat to do next and wat r my options,my case details are.........
Still got student visa till 31oct09, so no right of appeal no right of admistrative review.
Bank statement provided with application was dated 29jul08 to 04nov08...........whereas application date is 16dec08.

Another problem is i withdrawn money from my account coz i was very dissappointed by my bank coz they didn't help me.so my balance dropped to lowest level so basically my 800pounds balance was maintained in this account till 11nov08. MY frnd suggested me that i might need this statement if my PSW is refued on this basis,so i put money back in again,i m not sure if it will work or not if i appeal.i do have this statement which was issed later in 30jan09.

Also i do have another account which got 4000pounds coming in and going out coz this was my college fee and the balance is 1400pounds on closing,so 6000pounds in total.can i use this?
so guys plzz advice me that can i lodge any kind of appeal? or review? and wat is the success rate for me?
Any help in this matter will be much appritiated.

[jack199]

You can apply again but you need to make sure that the statement you send MUST NOT be older than 30 days from the date you send the application. You still have visa till october thats why they did not gave you any right to appeal. Make sure this time you fill the form you will have to state that you have been refused once, if you don't put this then you might get some other problems.

Make sure that you keep your balance above £800 all the time till the time you get PSW visa on your passport. You will have to use the new form this time. you still have time so make the most of it. Lucky you!

hope that helps

[HO.victim]

You can apply again but you need to make sure that the statement you send MUST NOT be older than 30 days from the date you send the application. You still have visa till october thats why they did not gave you any right to appeal. Make sure this time you fill the form you will have to state that you have been refused once, if you don't put this then you might get some other problems.

Make sure that you keep your balance above £800 all the time till the time you get PSW visa on your passport. You will have to use the new form this time. you still have time so make the most of it. Lucky you!

hope that helps

thanks alot jack for your time.......... actually the problem with me is i have got PGC frm OBC so i am unable to reapply PSW until i get my gradutaion or masters.thats the trick HO has played they kept my passport for 7 months then refused it.meanwhile rules have changed and i am stuck.
i wana know if i can lodge any review? or if i can then wats chance of winning............coz i have got statement till 11th nov08 with 800pounds balance.then it went down & i put back again in 2 weeks.in my other account i do have money for december month.thnx for ur help

[tuhadda_fuffar]

Sorry to hear that.

I guess its better to ask a solicitor. Or else you will have to extend your student visa and after Masters you can apply for any other visa type.
You still have 3 months visa left, maintain above £800 in your banks and even if u had money in other account for the gap period in ur first bank account, it would be valid maintenance. Send all documents within time frame and you will have to mention in all your future visa applications for UK that you were refused once!!!

[vinata]

In case you need to extend your stay on a student visa, don't forget, in according to the new rules, you now need to show £800 for every month you intend to stay in the UK. So, if it is 12 month, then you will need to show the balance of £9,600 on your account for the past 3 month prior to your application and this balance should never drop below that level.

Consult with your solicitor, however, since your student visa is still valid, you cannot appeal against the decision of the HO. Therefore, I recomend you to extend your stay on the student visa and you should be all right.

[pure_soul]

The problem is that u MUST have 800 for at least 3 months BEFORE the date of application. These 3 months should not be more than 30 days old at the time of application. If u have this then u can still get PSW.

U can still win ur JUDICIAL REVIEW only if u have 800 for 3 months BEFORE the date of application.

If not then u must take admission in master ASAP and apply for STUDENT visa in October.



Cheers

[jack199]

i would advise you to complete your masters and then apply for PSW, in that way atleast you would have a masters degree from UK and also fulfill the requirements of HO.

Hope that helps

[HO.victim]

The problem is that u MUST have 800 for at least 3 months BEFORE the date of application. These 3 months should not be more than 30 days old at the time of application. If u have this then u can still get PSW.

U can still win ur JUDICIAL REVIEW only if u have 800 for 3 months BEFORE the date of application.

If not then u must take admission in master ASAP and apply for STUDENT visa in October.



Cheers

Thanks alot mate, i will have to speak to my solicitor. I have 800 balance till 12thNov08(application date is 16Dec08) which is basically 4 days short than 30 days period. but on this same statement balance went down on 13thnov than i put money back on 8Dec08.
So basically balance is 1621pounds on 8thDec08. but went down in between 12Nov08 to 08Dec08.
Can u plz tell me how can i apply for a judicial review? and is there any time limit for this? The decision date on my application is 9th July09.Thnx

[HO.victim]

i would advise you to complete your masters and then apply for PSW, in that way atleast you would have a masters degree from UK and also fulfill the requirements of HO.

Hope that helps

Hello jack thanks for ur help.
Can u plzz tell me what are the maintainence requirements for student extension,if i get admission in masters.also can i apply for judicial review and student extension at the same time? how long does it take for judicial review to settle?
And my visa is expiring 31thOct09..........how long before i can apply ? and i want to apply in person because i dont want to give them my passport they might keep it for another 6 months.I cant afford it coz i have to go backhome on holidays.

[HO.victim]

Also if i apply for student extension i will loose my job. Which will be very unpleasent because they won't let me work on full time on stdent visa.

[HO.victim]

Hello all,
could anyone plzz tell me what is the process and duration of a judicial review....... and what is the eligibility criteria to apply for it.

[ash786]

The problem is that u MUST have 800 for at least 3 months BEFORE the date of application. These 3 months should not be more than 30 days old at the time of application. If u have this then u can still get PSW.

U can still win ur JUDICIAL REVIEW only if u have 800 for 3 months BEFORE the date of application.

If not then u must take admission in master ASAP and apply for STUDENT visa in October.



Cheers

Can i just ask about the maintenance. I thought that the most recent statement must be dated no more than 1 month old and not all the statements. Am i right?

[HO.victim]

The problem is that u MUST have 800 for at least 3 months BEFORE the date of application. These 3 months should not be more than 30 days old at the time of application. If u have this then u can still get PSW.

U can still win ur JUDICIAL REVIEW only if u have 800 for 3 months BEFORE the date of application.

If not then u must take admission in master ASAP and apply for STUDENT visa in October.



Cheers

Can i just ask about the maintenance. I thought that the most recent statement must be dated no more than 1 month old and not all the statements. Am i right?

yes you are right, last statement should not be dated more than one month.and you have to submit 90 days means 3 months bank statement.shouldn't be less than 90 days.

[k218]

hello guys, i want to share my psw visa exp. it was me n my partner application and funds needed to show was £800 for myslf and £533 for my partner(dependent) but our college ppl told to show only £800 and we filed in oct but got my visa today with refusal bcoz of insufficient funds. i am reallly worried but i spoken to one lawyer n they said for 2 options either oral hearing in front of judge or paper hearing. i m goin for paper hearing. is my decision right? plz help wat shud i do as i have only 10 days to appeal. thnz

[ash786]

If u knew that u have to show more than £800 then why did u follow the wrong advice from the college. U only option is that if u go for the appeal and u can show that u have £800 plus £533 for u partner for the same period as u submitted with u application then u shud be fine and appeal would be successful. U can not introduce any new evidence unless judge shows some sympathy. For example if u submitted bank statements for the period (01 april to 01 july) with u frst application then in the appeal u have to show the same period in u appeal. U can also say that u were given wrong information by the college but i dont think so that will work as PSW guidence clearly tells u how much money u need to show for 2 people so judge would not accept u ignorance on that. U only chance is to appeal so go for it.

[Gururaj]

hello guys, i want to share my psw visa exp. it was me n my partner application and funds needed to show was £800 for myslf and £533 for my partner(dependent) but our college ppl told to show only £800 and we filed in oct but got my visa today with refusal bcoz of insufficient funds. i am reallly worried but i spoken to one lawyer n they said for 2 options either oral hearing in front of judge or paper hearing. i m goin for paper hearing. is my decision right? plz help wat shud i do as i have only 10 days to appeal. thnz

I would recommend you to go for Oral hearing. In your witness statement clearly explain your misunderstanding of the maintenance funds and the mistake you did. However tell them you did have enough funds during the whole period and the evidence is attached...
The judge would understand and postively it should not be a problem. If you are inclined to paper hearing I would recommend you to write a very strong witness staement as the statement is the only thing that would argue on your behalf.. As you did have the funds it wouldnt be a problem at all..

[k218]

hello guys, i want to share my psw visa exp. it was me n my partner application and funds needed to show was £800 for myslf and £533 for my partner(dependent) but our college ppl told to show only £800 and we filed in oct but got my visa today with refusal bcoz of insufficient funds. i am reallly worried but i spoken to one lawyer n they said for 2 options either oral hearing in front of judge or paper hearing. i m goin for paper hearing. is my decision right? plz help wat shud i do as i have only 10 days to appeal. thnz

I would recommend you to go for Oral hearing. In your witness statement clearly explain your misunderstanding of the maintenance funds and the mistake you did. However tell them you did have enough funds during the whole period and the evidence is attached...
The judge would understand and postively it should not be a problem. If you are inclined to paper hearing I would recommend you to write a very strong witness staement as the statement is the only thing that would argue on your behalf.. As you did have the funds it wouldnt be a problem at all..

thanx guru only thing is my case is straight forward so i have hired a lawyer and goin for paper hearing for only reason is if i go weak in court then i ll lose it so came to decision for paper hearing by lawyer just now wait for another few weeks/months as i have no clue how long it takes for paper hearing.

[Gururaj]

hello guys, i want to share my psw visa exp. it was me n my partner application and funds needed to show was £800 for myslf and £533 for my partner(dependent) but our college ppl told to show only £800 and we filed in oct but got my visa today with refusal bcoz of insufficient funds. i am reallly worried but i spoken to one lawyer n they said for 2 options either oral hearing in front of judge or paper hearing. i m goin for paper hearing. is my decision right? plz help wat shud i do as i have only 10 days to appeal. thnz

I would recommend you to go for Oral hearing. In your witness statement clearly explain your misunderstanding of the maintenance funds and the mistake you did. However tell them you did have enough funds during the whole period and the evidence is attached...
The judge would understand and postively it should not be a problem. If you are inclined to paper hearing I would recommend you to write a very strong witness staement as the statement is the only thing that would argue on your behalf.. As you did have the funds it wouldnt be a problem at all..

thanx guru only thing is my case is straight forward so i have hired a lawyer and goin for paper hearing for only reason is if i go weak in court then i ll lose it so came to decision for paper hearing by lawyer just now wait for another few weeks/months as i have no clue how long it takes for paper hearing.

Hi K2,
I do understand your reasoning. Believe me, it is not easy to stand and argue your case... It would be very stressful for anyone and the judge does acknowledge it. They do understand the stressful condition of the appellant and it does help. Anyways the reason for going for oral hearing is you would be able to answer any questions if required. In my case it was very straight and there were no questions asked. But the experience was good as I was much prepared and at the same time stressed too as it was a very new experience.. I wish you good luck...

Cheers