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Appeal on 21st please help

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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jagdish_10
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Appeal on 21st please help

Post by jagdish_10 » Sun Aug 16, 2009 11:57 am

this is the third message i am mailing in this forum ..havent recieved help yest....please someone help me with this situation

I have been rejected on the grounds of shortage of maintainance for five days, it was a misunderstanding of submitting three months statement and the 90 days.... actually my statement starts from 11th to the 11th of the next month, so i started maintaining from the 11th of the march but my visa expired by 5th of june so i had a shortage of five days in the first statement. i have been working in the same job for the past two years and its a permanent contract, does this help with my appeal . i have the 800 pounds upto the date...what are the points that i put on myside when i am going for a oral hearing, i cant afford a solicitor i have to argue my case myself .... can anyone please help me with this problem please

nemath0419
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Post by nemath0419 » Sun Aug 16, 2009 2:07 pm

1) It is very clear in the guidelines of the home office that you should provide 3 months continous bank statement with minimum 800 pounds
2) Iam afraid but you wont have any point to defend yourself because you have certainly short of 5 dayz.
3) The only way you can win this appeal is if you can show that you had 800 pounds in some other bank account( it could be any bank account in your home country or in UK) at the time you fell short.You can also produce a joint account with someone with your name on it.
4) Or otherwise your appeal is bound to be dismissed and even the best of solicitors cannot save you unless you cover your time where you fell short of money.
5) I have seen cases in which people were earning more than 25k salaries even then their appeals were dismissed cuz they were not been able to cover the time they fell short. So having a permanent job is not going to help in your case.
I hope this helps

Thanks,
Nemath[/quote]

ash786
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Re: Appeal on 21st please help

Post by ash786 » Mon Aug 17, 2009 10:49 pm

jagdish_10 wrote:this is the third message i am mailing in this forum ..havent recieved help yest....please someone help me with this situation

I have been rejected on the grounds of shortage of maintainance for five days, it was a misunderstanding of submitting three months statement and the 90 days.... actually my statement starts from 11th to the 11th of the next month, so i started maintaining from the 11th of the march but my visa expired by 5th of june so i had a shortage of five days in the first statement. i have been working in the same job for the past two years and its a permanent contract, does this help with my appeal . i have the 800 pounds upto the date...what are the points that i put on myside when i am going for a oral hearing, i cant afford a solicitor i have to argue my case myself .... can anyone please help me with this problem please
Can you give me the follwoing details asap.

1. The date wen u applied for the visa
2. The statements u provided (The period)

jagdish_10
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Posts: 25
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documents provided

Post by jagdish_10 » Tue Aug 18, 2009 12:20 pm

1. i applied for the visa on 5th of june
2. got rejected and got back my papers on 26th june
3. appealed on 14th of july which was the last date mentioned on the appeal papers send by the home office when rejected

documents i send :
1. statements from march 5th to 11th march ( no 800 pounds)
2. 11th march to 9th of april (800 all the days)
3. 9th to april to 11th of may (800 all the days)
4. 11th of may to 5th of june (800 all the days)

documents send with appeal:
1. all the statements above
2. statements until date with 800 pounds on all the days
3. maintainance of 3120 pounds in indian account from 2nd of june to until now (its a joint account with my gaurdian and its a fixed deposit)

ash786
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Re: documents provided

Post by ash786 » Tue Aug 18, 2009 9:12 pm

jagdish_10 wrote:1. i applied for the visa on 5th of june
2. got rejected and got back my papers on 26th june
3. appealed on 14th of july which was the last date mentioned on the appeal papers send by the home office when rejected

documents i send :
1. statements from march 5th to 11th march ( no 800 pounds)
2. 11th march to 9th of april (800 all the days)
3. 9th to april to 11th of may (800 all the days)
4. 11th of may to 5th of june (800 all the days)

documents send with appeal:
1. all the statements above
2. statements until date with 800 pounds on all the days
3. maintainance of 3120 pounds in indian account from 2nd of june to until now (its a joint account with my gaurdian and its a fixed deposit)
1. The statements u needed were 5 Mar to 5 June.
2. U had a shorfall from 5 Mar to 11 Mar 09 (7 Days)
3. U can not introduce ane new evidence after the 5th June as being the date u applied.
4. U mentioned that u had a indian account so does this account had any balance on that shortfall to cover the difference?
5. U indian bank account only need to show the difference u were short with.

boppuri_p
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Similar Appeal case

Post by boppuri_p » Mon Aug 31, 2009 3:43 pm

Hi Ya,

I am just curious to find out if you had any progress in your appeal as i am in a similar situation, appealing this week. Refused due to shortfall of funds. Will be getting indian Joint account details (FD) soon.


Please advice?

Pravin

jagdish_10
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waiting for the results

Post by jagdish_10 » Tue Sep 01, 2009 8:56 pm

i had my appeal august 21st and the judge did not give the judgement on the same day and said he will send it in post in a minimum of 10days ... so still waiting ...on the same day i rang the home office and enquired about applying for a students visa..they said there is no law that i cant apply while waiting for an appeal because i am not considered as an overstayer.....so i have applied for a students visa on 26th of august ...

.but one of my friends who went for an appeal last friday, he had a short fall of 800 pounds for three days and he got the judgment on the same day and he has won the appeal.the judge did it in his favour against the home office.

just wanna know what happened with ur case....have u got money in overseas to cover that particular period of short fall

jagdish_10
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Posts: 25
Joined: Tue Jul 14, 2009 11:08 pm

bad day today

Post by jagdish_10 » Tue Sep 08, 2009 7:56 pm

i got my letter from the AIT saying that my appeal have been dismissed..dono what to do weather to appeal in high court . mean while i have applied for a students visa...hopefully i get it

promise44
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Post by promise44 » Tue Sep 08, 2009 9:48 pm

Sorry to hear about your dismissal. I can't understand why if you provided an account showing that you had more than the amount needed during the same period.
Was there a reason given in your determination letter? Is it because your Indian account was a fixed deposit account?

jitendar
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Re: bad day today

Post by jitendar » Tue Sep 08, 2009 9:58 pm

jagdish_10 so sorry to hear this. I am just keen to know one thing if some one can help me on this. I am applying tomorrow, but my bank statement it up to 28th Aug . Rather than last 3 months I have deposited from 01 May to 28th Aug and balance is above £2k throughout. Will it be fine

jagdish_10
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Posts: 25
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stilll waiting

Post by jagdish_10 » Mon Oct 12, 2009 7:44 pm

as i said before i submitted a student application while waiting for appeal result...had my biometric test by 18thseptember ..still waiting ..my course have started andlast date to join is 25th oct ...just worried ..

ayaz.ilyas
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Post by ayaz.ilyas » Mon Oct 12, 2009 8:51 pm

i am in different situation my PSW is been refused on background that my passport fails to show the immigration status my degree end on 2nd July 08 and my Leave to remain in UK expire on 31st July 08. Please help

jagdish_10
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Posts: 25
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hii

Post by jagdish_10 » Sun Nov 01, 2009 11:46 am

hii guys, in this website i have said everything abt what has happened and atlast after 8 weeks i got my papers on thursday and unfortunately my visa have been refused . i really dont wanna go back but i have to now. i made a mistake and struggled nearly 6 months . please guys in ur visa matter take every step carefully and very well ahead
take care
all the best for everyone

jagdish_10
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hii

Post by jagdish_10 » Sun Nov 01, 2009 11:47 am

i was refused on the basis of Paragraph 245ZX (L) which states "The applicant must not be applying for leave to remain for the purpose of studies which would commence more than one month after the applicant's current entry clearance or leave to remain expires..this is in the home office website

czkhan
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Post by czkhan » Mon Nov 16, 2009 11:15 pm

Hi Guys,

I have a similar problem as well.

I made a post study work application under tier-1 visa category on 25th Sept 2009. I received all my documents today with the refusal letter dated 12th Nov 2009. My application was rejected on the ground of insufficient funds required for the minimum duration of 90 days. As such I manage to keep my balance above the minimum requirement of £800.00 from 28th Jun 2009 as of today (16th Nov 2009). Hence, if i would have made my application on 28th Sept 2009, it would have fulfilled 90 days requirement, but due to panic I applied 3 days before cos I didn't wanted the application to be received by home office after my visa would have expired on 30th Sept 2009. What should I do now?

1) Appeal against the home office's decision? (I don't know on what ground I can make my appeal since as per the rules when I made my application I didn't had sufficient fund for the required duration of 90 days and this fact doesn't change even when I appeal, although I have managed the balance above the required limit of £800 since 28th Jun 2009).

2) Am I allowed to make a fresh application despite the fact that my last visa expired on 30th Sept 2009?

If I reapply after my visa expired, will this affect my 10 years continuous stay in UK when I apply for my permanent leave to remain (I have been living in UK since Sept 2003)?

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