How to Resolve Maintenance Problem

[get2khan]

My Brother was on Student Visa.He applied for Psw Tier 1 in January 2009.His application was rejected because of Maintenance Fund (low for only one week).He applied for Psw one month before his student visa was expire.When he received his passport HO only give him right of appeal(Because his student visa was expired at that time).He appealed against HO decision.Long story short his appeal was dismissed by Judge same reason Maintenance.After that he applied in high court they also went against his appeal.He re appeal in High court.At that time one of my friend and a solicitor told me that if he launch a fresh application in HO there are chances that he will be granted but he need to mention about appeal in high court.So my brother applied again .The good thing was that he maintain his back statement in appeal process.He attached new three months bank statement along with other documents.He applied in August 2009.In a week time he received a letter from HO mentioning that his application was forwarded to the case worker.After one Month in Sep 2009 he received his passport with stamped two years PSW visa starting from September not from January.
So never lose hope.I suggest that for those whose application are in appeal process they should maintain there bank account and try to launch a new application with new bank statement.
Note : this is not exceptional case as HO allows new application if there is any on going appeal.
If some one have any question I am happy to answer them.
Thank you for reading and have peace in you life.
Allah Hafiz

[kysonj]

hi
can you please help me find out were dis rule is mentioned that fresh application can be made while appeal is in progress..Thanks your help can be blessing for me..

[promise44]

The way these cases are handled confuses me. I was rejected on maintenance as well and soon after the appeal was submitted, I submitted a fresh application with my account balance well above £800. It was returned as invalid and the HO fee refuned. A letter was attached stating that I couldnt submit another application because the appeal was in process and mind you, I used a lawyer to do this, not on my own.
But don't loose hope. You might get through, as others have. All the best!

[ash786]

I think "get2khan" u brother was lucky as most of them do get rejected.

[get2khan]

hi
can you please help me find out were dis rule is mentioned that fresh application can be made while appeal is in progress..Thanks your help can be blessing for me..

There is a section in PSW application i.e D30 - D31

[get2khan]

I think "get2khan" u brother was lucky as most of them do get rejected.

May be you are right but i know two of my friends who got visa from same method as mentioned earlier.The thing which was common between them was they both were having appeal in high court.My Bro appeal was dismissed from High court but he re appeal and launch fresh application at same time.

[get2khan]

The way these cases are handled confuses me. I was rejected on maintenance as well and soon after the appeal was submitted, I submitted a fresh application with my account balance well above £800. It was returned as invalid and the HO fee refuned. A letter was attached stating that I couldnt submit another application because the appeal was in process and mind you, I used a lawyer to do this, not on my own.
But don't loose hope. You might get through, as others have. All the best!

I recommend you apply again without solicitor or wait till your appeal is in high court and than apply.There is no harm in trying.Remember it depends upon the case worker alot.

[Abi99]

hiya get2khan,
this gives me hope.
i'm in the same situation as you and i am sending in another application this week. if you have a copy of your application form, could you please tell me what you ticked or what you wrote for question D28, D29 and D32.

They are the questions that ask, "has the date of the applicant's leave, as stated in his/her passport, now passed?

i know i wont be classed as an overstayer as i am in the appeal process, but i just need to know what you ticked as who knows who the case worker in HO would be.

please this is urgent...thank you...

[ramnaik1919]

helllo get2kan..



my appeal was unseccesull at the High court
and my lawyer says me freshly apply again....

will i come under overstayer???


can you please reply me??

[get2khan]

helllo get2kan..



my appeal was unseccesull at the High court
and my lawyer says me freshly apply again....

will i come under overstayer???


can you please reply me??

Hi i recommend you apply again and mention your appeal ref number in your fresh application and send it asap.Send your application asap it will save you from being over stay.My brother was in same situation as you but HO was fine with it.
Best of luck.