Hsmp extension refused for inadequate funds

[tibushriya]

hi all

My hsmp extension refused for dropping fund by 100 pounds and appealed against decision showing fixed deposit from india covering the date. refused appeal considering fixed deposit as a bond. could this case be appealed again with this fixed deposit.

will be appreciated if someone could help

[ash786]

hi all

My hsmp extension refused for dropping fund by 100 pounds and appealed against decision showing fixed deposit from india covering the date. refused appeal considering fixed deposit as a bond. could this case be appealed again with this fixed deposit.

will be appreciated if someone could help

1. U might hav a problem as if the money is fixed deposit tehn its not avaialble immediately in case u need it.
2. According to HO guidence the maintenance funds shud be avaialble at any time.

[geriatrix]

The funds must be in cash accounts ... which term deposits are!

The problem is that in the UK the term deposits, also called fixed term bonds, do not allow partial / full withdrawal before maturity cannot be broken before the maturity date (I am refering to the generally available bonds, not some special issue which allows partial / full withdrawal before maturity).

Whereas in India, most of the term deposits can be broken before maturit date - with / without paying any penalty, and in case of savings / current account linked term depsoits partial / full withdrawal before maturity date is also possible .

The caseworkers therefore would have no clue about this inherent facility of term deposits in India ... until the term deposits are supported by a letter from the bank clarifying immediate availaibility of funds as and when the deposit holder needs it.


regards

[ens]

hi all

My hsmp extension refused for dropping fund by 100 pounds and appealed against decision showing fixed deposit from india covering the date. refused appeal considering fixed deposit as a bond. could this case be appealed again with this fixed deposit.

will be appreciated if someone could help

1. U might hav a problem as if the money is fixed deposit tehn its not avaialble immediately in case u need it.
2. According to HO guidence the maintenance funds shud be avaialble at any time.

Points based system policy guidance has no legal effect

http://www.gherson.com/News/pointsbased ... awful.aspx

http://www.bailii.org/ew/cases/EWCA/Civ/2010/719.html

[push]

hi all

My hsmp extension refused for dropping fund by 100 pounds and appealed against decision showing fixed deposit from india covering the date. refused appeal considering fixed deposit as a bond. could this case be appealed again with this fixed deposit.

will be appreciated if someone could help

1. U might hav a problem as if the money is fixed deposit tehn its not avaialble immediately in case u need it.
2. According to HO guidence the maintenance funds shud be avaialble at any time.

Points based system policy guidance has no legal effect

http://www.gherson.com/News/pointsbased ... awful.aspx

http://www.bailii.org/ew/cases/EWCA/Civ/2010/719.html

Thats an important observation and if you have the wherewithal go challenge the decision.

[geriatrix]

Not difficult for govt. to have key requirements specified in the policy included in the immigration rules ..... through secondary legislation ... thus making it law.

Just a thought ....


regards

[ens]

Not difficult for govt. to have key requirements specified in the policy included in the immigration rules ..... through secondary legislation ... thus making it law.

Just a thought ....


regards

they do make statements of changes laid before parliament

the last one

http://www.bia.homeoffice.gov.uk/si...pdf?view=Binary


3.1 This Statement of Changes makes an urgent change to the Immigration Rules following two
court judgments1 (1 Secretary of State for the Home Department v Anastasia Pankina & others [2010] EWCA Civ 719 and R (on the application of
English UK Ltd) v Secretary of State for the Home Department [2010] EWHC 1726 (Admin).) concerning the extent to which requirements under the Points Based System
regulating the entry into or stay in the UK of non-nationals must be set out in the Immigration
Rules rather than in UK Border Agency guidance. For the avoidance of doubt and to ensure the
integrity of the Points-Based System and the implementation of interim limits on Tier 2 on 19
July 2010 as announced by the Secretary of State on 28 June 2010, it is necessary to bring these
changes into force immediately. The Government regrets that it has not been possible to comply
with the convention that changes should be laid before Parliament no less than 21 days before
they will come into force.

[geriatrix]

In other words, they have realized their mistake and have already done what I thought they would resort to.

regards

[ens]

In other words, they have realized their mistake and have already done what I thought they would resort to.

regards

but suddenly the mentioned statement is mostly about interim limits, and does not say much about Pankina case....

only the reference in 3.1

[geriatrix]

Just the beginning I guess ... more to follow. With the court passing a judgement that policy guidance has no legal standing when it comes to immigration rules, I am sure the govt. solicitors will be working overtime to plug all the possible loopholes.

Making interim cap a law is indeed their immediate priority - as it affects all categories of economic migrants from non-EU countries.


regards

[ens]

Just the beginning I guess ... more to follow. With the court passing a judgement that policy guidance has no legal standing when it comes to immigration rules, I am sure the govt. solicitors will be working overtime to plug all the possible loopholes.

Making interim cap a law is indeed their immediate priority - as it affects all categories of economic migrants from non-EU countries.


regards

let`s see the effect on British economy and what UK business says about it.

btw anyone can have their say on UKBA site re the limits