HELP Refusal of Tier-1 PSW !! (transitional arrangement)

kev8118 · Post by **kev8118** » Sat Jul 25, 2009 6:53 pm

Hi there,

I may need a very important guide and advice from anyone who have any experiences and ideas regarding the refusal of PSW. My application made on 23-Jun-2009 and i just got it back on 21/july/09 . i have been told tat my visas has been refused because of the maintenace (funds) on my bank statement was older than 30 days from the day i made my application.

They gave me AIT-1 form for my appeal. I have requested a letter from my current bank to prove that i have sufficient funds of 800 pounds on my account at all time.
I am so worry of it as i never come across of this appeal before.

Besides of prove of letter from bank, what else should i include in order to make my appeal more effective??

Should i go for paper hearing or oral hearing?? which one is better??

Where is the oral hearing venue? Should i pay additional fees for oral hearing?

Do i have to hire a solicitor? if it does,how much its gonna cost?

I really need help of this matter asap as i only have got 10 days to prepare for my appeal !!
your comments and ideas will be much appreciated !!

THANKS !

wait · Post by **wait** » Sat Jul 25, 2009 6:56 pm

when ur visa is finishing or has already been finished?

kev8118 · Post by **kev8118** » Sat Jul 25, 2009 7:05 pm

the visa is finished now.. expired on 04.07.09

wait · Post by **wait** » Sun Jul 26, 2009 9:03 am

then the appeal is the only available option 4 u at the moment.its better to get some legel advice b4 submitting ur appeal

sunny.dev · Post by **sunny.dev** » Sun Jul 26, 2009 9:38 am

I am sailing in the same boat.As per my knowledge is concerned oral hearing is always better as u stand in front of the judge and u got all the chance to show the evidence and convince him.I dont think any solicitor or barrister can help as its all about funds.if u have got the original copy of the proof of funds then the case should be in ur favour as it happened in the earlier cases.

wait · Post by **wait** » Sun Jul 26, 2009 10:39 am

mr newbie look at that persons case, he got diif. coz its not a matter of funds as he stated he had enough funds in his account at the time of application but the problem was expired statement coz u need 2 submit bank statement 4 last 3 months and it shud not be no later than 1 month prior to the date of application.hope u now better understand his case

koolbone · Post by **koolbone** » Sun Jul 26, 2009 2:12 pm

Your case is pretty straightforward. I've seen it happen a couple of times. The only reason you were refused was because your statements were more than 30 days old. Go for the oral appeal because it gives you the opportunity to speak for yourself infront of the Immigration judge.
Submit your most recent bankstatements with the appeal form, to prove you actually had the required funds as at the time of application.
Your oral appeal will be held at a hearing centre closest to where you live. There are a lot of hearing centres in the UK, so one will be fixed for you based on proximity to your address.
You won't be charged any fees for the hearing so I don't know what fees you want to pay for, unless you want to recruit the services of a solicitor.
All the best

kev8118 · Post by **kev8118** » Sun Jul 26, 2009 11:24 pm

THANKS a lot to all of you who have replied my post and give me some precious ideas. I dont really speak fluent english, so do you think it is one of the issue when making explanation to the judge during oral hearing.

Could anyone share some tips during oral hearing? i am so worry as i never been before and i really need this appeal to be "allowed" . I have consulted some solicitors over the phone, it cost me almost 1500 pound for appeal. Is this worth paying that much or do you think i have got great chance to win the appeal by myself according to my case mentioned above.

do i need to have representative during oral hearing

THANKS !

koolbone · Post by **koolbone** » Mon Jul 27, 2009 12:21 am

kev8118 wrote:THANKS a lot to all of you who have replied my post and give me some precious ideas. I dont really speak fluent english, so do you think it is one of the issue when making explanation to the judge during oral hearing.

Could anyone share some tips during oral hearing? i am so worry as i never been before and i really need this appeal to be "allowed" . I have consulted some solicitors over the phone, it cost me almost 1500 pound for appeal. Is this worth paying that much or do you think i have got great chance to win the appeal by myself according to my case mentioned above.

do i need to have representative during oral hearing

THANKS !

You don't need to have a representative for the appeal. If it's a straight-forward case, and you are confident that you can explain yourself properly or answer any questions, then you can represent yourself. I think Â£1500 is a bit on the high side, but if you can afford it, go ahead.
Translators are provided for people who have difficulties in speaking English.
On the hearing date fixed for you, a number of cases, including yours will be heard. Depending on which time slot you're given, you could have your hearing first or last.
During the hearing, with you in the hearing room will be the immigration judge, you (and your solicitor, if you have one) and the home office representative (if they decide to show up). The judge presides over the hearing. The Home office rep will have his chance to speak and explain why you were refused. When he's done, you, or your representative will have the chance to speak.
All along, the judge will be making notes on his/her laptop. You could be asked questions by the judge, the home office rep.
It's a fairly informal setting, so no need to be unduly worried. Once you can explain that you have your most recent bank statements, you should be fine.
Bring along original copies of your statement to the hearing with you.
All the best

kev8118 · Post by **kev8118** » Mon Jul 27, 2009 2:47 am

During the oral hearing or in the AIT-1 form, can I admit that: the reason that I have failed to supply the proper Bank Statement during application was because I received my Bank Statement on quarterly basis, at the same time, I did not notice that my latest Bank Statement is not covering the 3 months period immediately prior to the date of application? Will it affects the result of my appeal?

I need to send all the new evidences together with the AIT-1 form, but I also need to bring all the new evidences for oral hearing. So, do I need to prepare 2 copies of each new evidence? Or all the new evidences that I have sent with the AIT-1 form will be returned back to me at the oral hearing?

Thank you very much for all your helps!

monday · Post by **monday** » Mon Jul 27, 2009 4:57 pm

I will advice that you get a solicitor since you have already said you don't speak good english, your solicitor can do more of the speaking even though you will be asked some few questions. The cost of 1500 is rather on the high side, you should be able to get a good one at a cost of between 800 to 1200. I will also advice you go for Oral hearing so that you can argue your points.

monday · Post by **monday** » Mon Jul 27, 2009 5:06 pm

Yes it is Ok to send all the new evidences with the form AIT-1 although when the hearing date notice is sent to you later, you will be told to send what they call Withness Statement together with all the evidences to be relied upon by the judge at the hearing, to both AIT and HO presenting officers unit ( Home office appeal representatives). This is why i think you need a legal expert to write a good withness statement for you, because this may have some influence on your case.

kev8118 · Post by **kev8118** » Wed Jul 29, 2009 2:10 am

Hi,

I still very worry about my case and not clear about my grounds.

As it was my silly mistake that I did not realise that my Bank Statement was 39 days older prior to the date of application (I all the while thought that my most recent quarterly Bank Statement was fulfilling the requirements), what do you think is my grounds to appeal?

I am so worried about my case, so I can't really think of any grounds to appeal. I've gone through and try to learn through this forum for few days, but not many ppl have same case as mine.

In the AIT-1 form, I must give the reasons of why I disagree with the HO decision and reasons of it. Can any one share the clues to fill up this part?

I do appreciate all your helps!! Please help me as the deadline to appeal is near. Thank you!

monday · Post by **monday** » Wed Jul 29, 2009 2:14 pm

HI
I think the closest ground you can use is ' The descretion should have been exercised differently under the immigration rule'
Please note that it's not an error of law from HO

kev8118 · Post by **kev8118** » Wed Jul 29, 2009 2:51 pm

Hi monday, thanks a lot for your reply!

Can you tell me why do you think I can use this ground because I need to give reasons in the AIT-1 form.

And 1 more question, in the AIT-1 form, do I need to explicitly state that "I am appealing against the HO decision because the discretion should have been exercised..bla bla bla...." or I can implicitly state that grounds by giving my reason of not submitting the proper bank statement along with the application, and the fact that I've got at least 800 pounds at every single day in the specified period?

monday · Post by **monday** » Wed Jul 29, 2009 3:24 pm

HI Kev
I have advised that ground of appeal because you seems not to have any other option. However i will like you to check if the follwing statements could be useful for you on page 6 paragraph G of the AIT-1 form.

THE SECETARY OF STATE DESCRETION UNDER THE IMMIGRATION RULE SHOULD HAVE BEEN EXERCISED DIFFERENTLT. WITH REGARDS TO THE POINT AWARDED TO ME ON MAINTAINANCE FUND, I WILL LIKE TO POINT OUT THAT MY BANK STATEMENTS ARE BEEN PRINTED AND SENT TO ME ON A QUARTERLY BASIS AND AS SUCH THE LAST STATEMENT RECEIVED WAS SENT WITH THE APPLICATION. HOWEVER, I HAVE NOW REQUESTED FROM THE BANK, A STATEMENT COVERING THE WHOLE PERIOD, WHICH HAS BEEN PRINTED AND SUBMITTED WITH THIS GROUND OF APPEAL.

Please note that this is my on view, ensure it is suitable for you to use. All the best

khan525 · Post by **khan525** » Thu Jul 30, 2009 9:12 pm

kev8118 wrote:Hi there,

I may need a very important guide and advice from anyone who have any experiences and ideas regarding the refusal of PSW. My application made on 23-Jun-2009 and i just got it back on 21/july/09 . i have been told tat my visas has been refused because of the maintenace (funds) on my bank statement was older than 30 days from the day i made my application.

They gave me AIT-1 form for my appeal. I have requested a letter from my current bank to prove that i have sufficient funds of 800 pounds on my account at all time.
I am so worry of it as i never come across of this appeal before.

Besides of prove of letter from bank, what else should i include in order to make my appeal more effective??

Should i go for paper hearing or oral hearing?? which one is better??

Where is the oral hearing venue? Should i pay additional fees for oral hearing?

Do i have to hire a solicitor? if it does,how much its gonna cost?

I really need help of this matter asap as i only have got 10 days to prepare for my appeal !!
your comments and ideas will be much appreciated !!

THANKS !

Hello Dear,

I got the same problem two months ago and than i contact one solicitor. His office is in London . Office name R.Kiani Solicitors solicitor name is Mr.Sahi and mobile number is 07977517831 .
they appealed to AIT and i won the case. (Allowed)
I suggest you to contact as soon as posible.
Thanks

kev8118 · Post by **kev8118** » Fri Jul 31, 2009 1:33 pm

thanks for your information. May i know how much it cost for the whole process to be done? do i have to go london as i am living in newcastle, it will be miles away for me.

thanks..

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HELP Refusal of Tier-1 PSW !! (transitional arrangement)