Help help please help me Moderators/Seniors

[stary100]

EC rejected on 18/03
I went to my home country to get entry clearance for the Tier 1 all points awarded except Maintenance Fund

ECO comments : you have claimed 10 points for Maintenance under Appendix C of the Immigration rules but documents you have provided do not demonstrate that you are in possession of £2800.The latest date of the bank statement you have submitted is 21/12/2009.Therefore you are to show that you held £2800 for three months prior to this date,that is from 21/09/2009 untill 21/12/2009.The bank statement you have submitted from Barclays bank indicates that the level of fund in your account fell below the required level of £2800 to £159 on 24/09/2009.I note you have submitted an on-line bank statement for the period from 29/11/2009 to 29/12/2009.As it does not cover the three months required period ,it cannot be consideredâ€

[aliq09]

[quote="stary100"]EC rejected on 18/03
I went to my home country to get entry clearance for the Tier 1 all points awarded except Maintenance Fund

ECO comments : you have claimed 10 points for Maintenance under Appendix C of the Immigration rules but documents you have provided do not demonstrate that you are in possession of £2800.The latest date of the bank statement you have submitted is 21/12/2009.Therefore you are to show that you held £2800 for three months prior to this date,that is from 21/09/2009 untill 21/12/2009.The bank statement you have submitted from Barclays bank indicates that the level of fund in your account fell below the required level of £2800 to £159 on 24/09/2009.I note you have submitted an on-line bank statement for the period from 29/11/2009 to 29/12/2009.As it does not cover the three months required period ,it cannot be consideredâ€

[rohitktm]

Yes, I think it is better to apply for fresh application with lots of care. I did same instead of waiting for all admin review stuffs. It worth though will cost additional application fee.

[stary100]

I dont qualify for the Tier 1 general in New rules
have no chance except to defend myself
If anyone explain how to proceed judicial review ?

[prisat]

The bank statement you have submitted from Barclays bank indicates that the level of fund in your account fell below the required level of £2800 to £159 on 24/09/2009

i believe, this was ur problem..... Sometimes we have to be more specific than being liberal in providing additional stuffs which might confuse the reviewer. A smart reviewer would understand. What if he is not ???

Sorry.

[Anio]

Did you specifically mention the dates for which you were claiming maintenance funds in your cover letter? If so, you could point this out - if given a chance at another review that is...

[stary100]

Did you specifically mention the dates for which you were claiming maintenance funds in your cover letter? If so, you could point this out - if given a chance at another review that is...

yes i have explained everything in my review in that way even empty head mugs can understand ,the more annoying thing is i am 110% sure that reviewer even did not read my review and upheld the decision without saying anything,Can you believe he messed up all my claimed and awarded points in his review for example

Age orginal points awarded (10) A/R points awarded (10) but actually i claimed and was awarded 20points for the age
same with previous earning he says orginal points awarded 30 and A/r points awarded 30 but acutally i clamied and was awarded 15points for the prevous earning.Same with UK experinace Reviewer awarded me 10points while i clamied and was awarded 5points in orginal application.
and one more thing ECO said i failed to sumbit TB certificate while i did and got it back with my documets but Reviewer did not even comment on it

Is there anyway that i can complain that my decision was not lawaful ?? any way to fight to get the justice ? any way please help me ???

[stary100]

I have complained to UKBA Abu dhabi that reviewer messed up my review by awarding points contrary to the original decision and got the response after three months , that it was typing error made by reviewer and they sent me the same review with amendments in points but still incorrect,what a joke

People i am asking you what option i have at the movement, to go against their illegal and unlawful refusal,Please help me

Not sure about JR ,if anyone can help please,suggest me good lawyer

Thank you.

[vinny]

See also Any good law firm recommendation?

[pkumar]

Do you know that they have a proof that your balanced dipped below the level recommended? ..... they keep the copy of your statement and they would also talk to the bank to justify the same .... thats what happened to someone in india ...

now .. what magic stick your lawyer / solicitor will use is worth seeing .....

[stary100]

Do you know that they have a proof that your balanced dipped below the level recommended? ..... they keep the copy of your statement and they would also talk to the bank to justify the same .... thats what happened to someone in india ...

now .. what magic stick your lawyer / solicitor will use is worth seeing .....

Thanks for the comments but my balance never dipped below the £2800 level in latest three months period,
Period clamied 28/09/2010 to 29/12/2010(documents provided orginal bank statement from 21/09/2009 to 21/09/2009 plus online bank statement till 29/12/2009 with stamp on each page from barclays but eco ignored my online statements and taken the priod from 21/09 to 21/09

Reviewr messed up my review (please refer my above post)

why do i need to post here for help? if i know that i did not maintain 2800 Balance

I am not sure if i can go for JR or not , being a outside country applicant

If someone please guide me for any route ? option available ?

[vinny]

I am not sure if i can go for JR or not , being a outside country applicant

Possible, but may be expensive.

[stary100]

I am not sure if i can go for JR or not , being a outside country applicant

Possible, but may be expensive.

Thank you so much,bit confused now weather i do qualify for JR now or not ? reading this

"A claim for Judicial review must be filled promtly and not later than 3months after the grounds making the claim first arose"

My timilines are EC applied 07/01/2010
EC rejected 18/03/2010 (Documents received 09/04/2010)
AR applied 16/04/2010,AR decision got on 09/06/2010,complain to UKBA for the messed up AR and request for another AR,response received from UKBA on 10/09/2010,

which date would be consider for making the claim 18/03/2010 or 09/06/2010 or 10/09/2010 ?

Please respond

Thanks

[vinny]

Perhaps you should get legal opinion.

[avjones]

the date would be from the last review. JR only applies after all other remedies have been exhausted.

Amanda

[vinny]

Welcome back Amanda!

[avjones]

Thanks, Vinny.

[stary100]

the date would be from the last review. JR only applies after all other remedies have been exhausted.

Amanda

So three monhts deadline starts when my AR rejected (09/06/2010) or when UKBA has responded to my complain after AR (09/09/2010) ?

[geriatrix]

09/06/2010.

You may keep complaining but cannot expect the JR application timeline to be extended due to repeated complaints / requests for reconsideration. An out-of-country application entitles you to one AR, the result of which was communicated on 09/06/2010.


regards

[Hope1]

Hi stary2000

The average Judicial Review cost/fee is 2000-2500.If you go for very expensive ones they will charge you per hour and may be very costly.

But I am in process of Judicial review against the refusal of my Tier 1 General.I have a very good solicitor&Barrister and the full fee of whole JR is 2000 pounds.

you applied outside the uk(pakistan) but I am from (pakistan)had applied inside uk and I am living in london.


I know 3 months time limit is very important if you want to proceed for a judicial review.Its important but NOT compulsory.

And may be Ukba agree to reconsider your case after first pre action protocol letter and you even don,t need to start the actual JR.

It happen in my case.

Your case look strong brother So I must say its worth a try if you can not make a fresh application.And don,t lose a hope.Inshallah we will succeed. if you want to know any thing else plz ask me without hesitation.


Please see your private message box.

best of luck