ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Refusals on maintenance funds to be reconsidered

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
redeyegirl
Newly Registered
Posts: 18
Joined: Sat Jun 05, 2010 4:55 pm

Refusals on maintenance funds to be reconsidered

Post by redeyegirl » Fri Jul 23, 2010 8:51 pm

Applications that were refused based on maintenance funds requirement may be reconsidered because of the judgment in Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719 and others.

THERE IS A GREAT, BIG, WONDERFUL GOD!!!!

LINK: http://www.ukba.homeoffice.gov.uk/sitec ... enance.pdf

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Jul 23, 2010 11:31 pm

If you applied for leave to enter (EC, from outside UK) between June 23 - July 22 (2010),
or
If you applied for leave to remain (from within UK) on/before 22 July 2010

under Tier 1,2,4 or 5 and your application was refused for not maintaining funds for 3 months, then please read

New policy guidance following Pankina judgments
Points-based system policy guidance: maintenance (funds)

tanvirkhan
Junior Member
Posts: 52
Joined: Sat Jan 09, 2010 7:23 pm

Post by tanvirkhan » Sat Jul 24, 2010 1:21 am

so whats the new funds requirment?
people who will apply after 22 june 2010.........will they get any benefit as well or they still have to maintain accounts?

redeyegirl
Newly Registered
Posts: 18
Joined: Sat Jun 05, 2010 4:55 pm

Post by redeyegirl » Sat Jul 24, 2010 8:31 pm

They still have to have the money for 28 days because it is legal now and not just 'guidance'

bbbilen
Newly Registered
Posts: 2
Joined: Fri Jul 30, 2010 10:52 am

Post by bbbilen » Fri Jul 30, 2010 10:54 am

Hi,

I am bit confused , my application was refused because of maintanance funds. When I apply for this reconsideration will they check my bank statements I sent with the original application (July 2009) or should I sent latest from this year?

redeyegirl
Newly Registered
Posts: 18
Joined: Sat Jun 05, 2010 4:55 pm

Re: Refusals on maintenance funds to be reconsidered

Post by redeyegirl » Sat Aug 14, 2010 12:07 am

redeyegirl wrote:Applications that were refused based on maintenance funds requirement may be reconsidered because of the judgment in Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719 and others.

THERE IS A GREAT, BIG, WONDERFUL GOD!!!!

LINK: http://www.ukba.homeoffice.gov.uk/sitec ... enance.pdf
This is an update to my appeal for the benefit of those who are going through the same process.

I went to my appeal today the 13th August at Sheldon House in Birmingham and spend only two minutes in the hearing room,didn't say a word and even got an apologise from UKBA representative !!! Basically,my appeal bundle was submitting 7 days before the hearing date with:


5 new bank statements in husband and my name(2 from overseas and 1 a joined account with a friend).These were not submitted with the initial application but cover that period. By highlighting the highest amount on anyone day in each account, it all amounted to the maintenace for main applicant,three dependants and the balance of school fee.
Receipt showing that the school fee completed paid for the academic year.
Bank statements showing the transaction between my husband's bank account and his father:this was used to paid the school with a balance of £2000.00 in a saving account,(you can read my posted about my father-in-law account.)
A lot of character reference letters for myself, husband and daughter who has been in the UK since she was two years old and is involved in lots of extra curricular activities in and out school. Lots of photos. All these letters and photos was arguing integration in the UK and private life under HRA. Especially the letter from my pastor and local newspaper article, about my involvement in community out- reach programmes.
Loads of photos proofing family life for my husband who has a brother here.Emphasis was placed on the relationship between my daughter and her cousin(she is British), who spend christmas etc together. Photos of my 3 year old son birthday parties with his friends and at preschool.
letter from college with the same CAS information that was initial send but with a statement about my attendance and progress covering the period when my application was at UKBA.
One of the point in my appellant statement was that I would not be able to continue my course(BA in Health and Social Care) in my counrty if I am removed. HRA also cover this aspect. So my appeal burdle cover every aspect which also includes the new UKBA policy as a result of the Pankina judgement

UKBA representative said that since my application for the renewal of my visa was denied soley on maintenace, they have withdrawn the refusal,consider my application under this policy and will issue our visa in 4-6 weeks. She apologized to us for making the trip to the hearing and explained that she just got my burdle this morning, and of such, was not able to call my solicitor about this decision. She further apologized about the lenght of time the visa will take to process but explain that there are lots of other visas to process because of this policy.

In the end I got 'my day in court' but not my say!!!!

Thank God for his blessings!!

aravinthan
Newly Registered
Posts: 12
Joined: Thu Aug 05, 2010 10:39 pm

Post by aravinthan » Sat Aug 14, 2010 1:21 am

Why did you submit all those integration stuffs. Juntas made an unlawfull decision based on illegal guidace and correcting themself. Is simple as that. If you still had problem with any of their core rules (leagl / illegal) it wont take 2 seconds for your budle to reach the bin.

Mysterymeow
Newbie
Posts: 34
Joined: Tue Jul 27, 2010 1:49 pm

Post by Mysterymeow » Sat Aug 14, 2010 2:05 pm

Redeyegirl, just want to congratulate you! Cannot believe that they didn't even notify you that they had retracted their appeal. Did you request a reconsideration review on the Pankina judgment or did you just wait to go to your Appeal Hearing? I have a oral hearing in October but sent my passport into UKBA to request a reconsideration 3 weeks ago but have not heard from them, not even an acknowledgement letter. Wonder if I should contact UKBA and see if there is any news or if I should just wait. :?: This waiting is killing me! What a burden.

redeyegirl
Newly Registered
Posts: 18
Joined: Sat Jun 05, 2010 4:55 pm

Post by redeyegirl » Sun Aug 15, 2010 8:38 pm

Hi aravinthan,

I am not sure if you misunderstood my post. I submitted the appeal bundle to the tribunal with all the documentation as if I was still going to the have an appeal hearing. Of such all those integration documents was relevant.

Hi, Mysterymeow,
Thanks. The UKBA policy on reconsideration came out on the 23rd July and my hearing date was the 13th August. With the dates so close, the UKBA didnt give full instructions on how and where to applied for reconsideration, and I was in the misdt of gathering documents for the appeal, I felt more comfortable in submitting all my document to the tribunal with the hope that UKBA would recieve a copy and would inform my solicitor that it is not necessary to come on the 13th. Hence the apologise from them.

I would write to them about you needing confirmation about the recieval of your passport but bear in mind that the reconsideration process will take long to do, hence there will be a length delay.

At my appeal hearing UKBA informed me that I will get my visa in 5-6 weeks and again apologised for the time it will take but there are a lot of reconsideration cases that need to be done.
Did your application only refused on maintenace grounds? Does UKBA have all the bank statements proofing that you have enough funds on any one day within the month period of the initial application?

Locked