extension under Tier 1 rejected - Please Help with appeal

[mayhsmp]

Hi,

My application for extension under tier 1 has been rejected on the grounds that the maintenace points are not satisfied.

Details as follows:
I applied on 18th August. But the statements I have supplied are untill 15th august. So the case worker has taken period of 15 Aug going back untill 15th May. And unfortunately on 16th may I have balance less than 800 pounds. But going by my application date i.e. 18th august there is balance from 17th may onwards which is more than 800.

How can I appeal for this. I have been awarded all other points which totals more than sufficient.

What should I base my appeal on? Please help.

Thanks a lot...

Mayhsmp

[gotcha]

I applied on 18th August. But the statements I have supplied are untill 15th august. So the case worker has taken period of 15 Aug going back untill 15th May. And unfortunately on 15th may I have balance less than 800 pounds.

Oh dear, you got it all wrong.

But going by my application date i.e. 18th august there is balance from 17th may onwards which is more than 800.

Unfortunately, you have not provided evidence to caseworker.

How can I appeal for this. I have been awarded all other points which totals more than sufficient.

If you have right to appeal, check if you could provide evidence of money in other bank account. Or better take professional help.

[mayhsmp]

Thanks a lot for your reply...

I do have other accounts like E-ISA and regular saver which has balane. I did not realise that the evidence I provided was unfortunately covering just the last single day when the balance was below 800. Is it possible they consider appeal with new statements from 17th May to 18th August. This does have the 800 balance throughout and I applied on 18th August itself.

Thanks a lot again for your reply...

[gotcha]

Thanks a lot for your reply...

I do have other accounts like E-ISA and regular saver which has balane. I did not realise that the evidence I provided was unfortunately covering just the last single day when the balance was below 800. Is it possible they consider appeal with new statements from 17th May to 18th August. This does have the 800 balance throughout and I applied on 18th August itself.

Thanks a lot again for your reply...

People do provide new evidences in appeal. You can show balance in other accounts that time. Search this forum for such cases. You will find a lot.

[mayhsmp]

Thanks a lot again.. I will try to search other similar posts. I do hope that I can appeal and its considered.

Thanks again...

[mayhsmp]

Hi friends...

I have been trying to go through old posts here regarding cases similar to mine. What I have gathered so far is:

I can appeal and submit additional statements for the period in consideration to prrove that the maintenance funds were there. The process is:
1. Fill in the AIT -1 form and send to the relevant add.
2. I will get a court hearing date
3. On that day either myself or representative can present the case to the tribunal judge.( I am considering going myself since I think the case is straight forward. But not yet sure on this.)
4. Tribunal judge will then give decision in favour of me or UKBA.
5. UKBA can challenge the decision if it is in favour of me.
6. Then I have to wait for call from home office so that I can further submit my passport to get the new stamp.

Please correct me if you think any of the point above is not right. Or any additional information that might help. Apart from this I have couple of doubts:

1. I am thinking the most relevant grounds that I can appeal based on is:
"The descretion under the immigration rules should have been exercised differently". Please correct me if I am wrong on this.

2.I had applied for my souse dependant application along with my own. Obviously spouse extension has also been refused on the grounds that main applicant doesnt qualify. Now when I submit my AIT -1 form I am thinking that I should submit my spouse's AIT form as well. What should be the grounds for Spouse's appeal?

Please help as its been really difficult to get information on end to end process of appeal. Any pointers will be helpful as well.

Many thanks,
mayhsmp

[sreblog]

Hi friends...

I have been trying to go through old posts here regarding cases similar to mine. What I have gathered so far is:

I can appeal and submit additional statements for the period in consideration to prrove that the maintenance funds were there. The process is:
1. Fill in the AIT -1 form and send to the relevant add.
2. I will get a court hearing date
3. On that day either myself or representative can present the case to the tribunal judge.( I am considering going myself since I think the case is straight forward. But not yet sure on this.)
4. Tribunal judge will then give decision in favour of me or UKBA.
5. UKBA can challenge the decision if it is in favour of me.
6. Then I have to wait for call from home office so that I can further submit my passport to get the new stamp.

Please correct me if you think any of the point above is not right. Or any additional information that might help. Apart from this I have couple of doubts:

1. I am thinking the most relevant grounds that I can appeal based on is:
"The descretion under the immigration rules should have been exercised differently". Please correct me if I am wrong on this.

2.I had applied for my souse dependant application along with my own. Obviously spouse extension has also been refused on the grounds that main applicant doesnt qualify. Now when I submit my AIT -1 form I am thinking that I should submit my spouse's AIT form as well. What should be the grounds for Spouse's appeal?

Please help as its been really difficult to get information on end to end process of appeal. Any pointers will be helpful as well.

Many thanks,
mayhsmp

Hi,

There is another option that you have. You can reapply for Tier 1 general provided you visa is not expired yet. I am not sure if this works out cheaper for you rather than going for appeal. If you reapply please mention all the details cleary stating reason for reapply and ensure you have 800+ for all 3 months from the date of application.

Regards,
Sreblog

[cheshiregoan]

Hi friends...

I have been trying to go through old posts here regarding cases similar to mine. What I have gathered so far is:

I can appeal and submit additional statements for the period in consideration to prrove that the maintenance funds were there. The process is:
1. Fill in the AIT -1 form and send to the relevant add.
2. I will get a court hearing date
3. On that day either myself or representative can present the case to the tribunal judge.( I am considering going myself since I think the case is straight forward. But not yet sure on this.)
4. Tribunal judge will then give decision in favour of me or UKBA.
5. UKBA can challenge the decision if it is in favour of me.
6. Then I have to wait for call from home office so that I can further submit my passport to get the new stamp.

Please correct me if you think any of the point above is not right. Or any additional information that might help. Apart from this I have couple of doubts:

1. I am thinking the most relevant grounds that I can appeal based on is:
"The descretion under the immigration rules should have been exercised differently". Please correct me if I am wrong on this.

2.I had applied for my souse dependant application along with my own. Obviously spouse extension has also been refused on the grounds that main applicant doesnt qualify. Now when I submit my AIT -1 form I am thinking that I should submit my spouse's AIT form as well. What should be the grounds for Spouse's appeal?

Please help as its been really difficult to get information on end to end process of appeal. Any pointers will be helpful as well.

Many thanks,
mayhsmp

Was your original application for both yourself and your spouse? If yes then £800 would not have been sufficient anyway.

[mayhsmp]

Thanks for your replies guys...

Sreblog, I cannot re-apply cause my visa expired on 15th Sep.

cheshiregoan, the original application was for both of us. But we had submitted spouse's bank statement(salary account for spouse). And had sufficient balance( in thousands throughout)... I understand it is far less for dependent than 800.

thanks for your help and any further pointers will be really helpful..

many thanks...

[mayhsmp]

Additional information:

Even on that unfortunate single day when the balance was dipped below 800 on the current account I have flexi saver account of HSBC where I had balance.. I also have E-ISA account with more than 800 amount for more than a year now...

[cheshiregoan]

Thanks for your replies guys...

Sreblog, I cannot re-apply cause my visa expired on 15th Sep.

cheshiregoan, the original application was for both of us. But we had submitted spouse's bank statement(salary account for spouse). And had sufficient balance( in thousands throughout)... I understand it is far less for dependent than 800.

thanks for your help and any further pointers will be really helpful..

many thanks...

Unfortunately as you were the main applicant and your spouse was dependant, all funds need to be in your name.

When you do appeal, please provide as much info as you can to prove that you had £800 for yourself and £533 for your dependant, so include all bank statements for those periods in your name that show that you had the required funds.

[mayhsmp]

thanks cheshiregoan. I will include all my accounts this time. hope the judge consider my case...