Established presence problem.

[D del Cid]

Hi, I need some advice - i came to the UK in 2005 under voluntary work category and switched to a student visa in 2006. I completed my undergraduate degree in 2009 and was granted a post study work visa for two years from 2009 until 2011. I have applied to the UKBA for a visa to study for a further year but was refused based on insufficient funds. I called the UKBA and was advised that because I had studied in the UK for the past three years, I had an established presence in the UK and therefore the threshold of funding that I needed to show was £1,200 (outer London) which I did for the required 28 day period. The UKBA states that my most recent leave was post study for two years and that does not qualify as having an established presence and therefore the fund threshold is actually £5,400. These new rules are unnecessarily complicated and I have always given them the required proof of evidence and NEVER overstayed. I have a support letter from my institution and I need to know if there are grounds for successful appeal. Thanks in advance for your help.

[Greenie]

The refusal is correct so i can't see how there would be any grounds of successful appeal.

[D del Cid]

The refusal is correct so i can't see how there would be any grounds of successful appeal.

Thanks a lot for your reply Greenie. I understand the reasons for the refusal are correct but I only know that now. When I was applying I didn't understand the new rules (they're way more complex than they used to) so I rang the UKBA helpline several times (accompanied by a British friend who's my witness) and THEY were the ones that said I was OK with the established presence since I completed a degree in the UK and therefore I acted accordingly to the advise given.

The sad thing is that I could have borrowed the £5400 and have it in my account for 28 days if it was absolutely necessary but I trusted the opinion of an official so my point is, if the law is so crystal clear then how could the own Border Agency experts get it wrong?

Still not a good enough reason to appeal? I just feel it's really unfair and irresponsible to mislead people like that. Hope to hear your view about my point. Thanks again!

[Greenie]

Did you tell the person on the phone that you currently had PSW or did you just say that you had been studying in the UK for the last 3 years?

In any event unfortunately the people who answer the phone at the enuquiry bureau are not legally trained and they don't always give out correct information. the information is however available on the UKBA website, in the rules and in the policy guidance. You can attempt to appeal however your appeal under the rules would stand to be dismissed. you could argue article 8 but IMO it would be difficult to suceed. You may be better of making a new tier 4 application showing the £5400 for 28 days although note you could have to apply as an overstayer and would not get a right of appeal is refused. You need to seek legal advice on this.

Also - saying that you could have borrowed the money does not help you - the money needs belong to you/your parents and genuinely be available for your living costs. Borrowing £5400 from someone and keeping it in your account for 28 days, only to transfer it back once you have been granted your leave would not meet the requirements.

[ruskcake]

The refusal is correct so i can't see how there would be any grounds of successful appeal.

Thanks a lot for your reply Greenie. I understand the reasons for the refusal are correct but I only know that now. When I was applying I didn't understand the new rules (they're way more complex than they used to) so I rang the UKBA helpline several times (accompanied by a British friend who's my witness) and THEY were the ones that said I was OK with the established presence since I completed a degree in the UK and therefore I acted accordingly to the advise given.

The sad thing is that I could have borrowed the £5400 and have it in my account for 28 days if it was absolutely necessary but I trusted the opinion of an official so my point is, if the law is so crystal clear then how could the own Border Agency experts get it wrong?

Still not a good enough reason to appeal? I just feel it's really unfair and irresponsible to mislead people like that. Hope to hear your view about my point. Thanks again!

You are such a hypocrite!! Do you think borrowing £5400 and putting it in your account for 28 days to show you have sufficient funds is not unfair, irresponsible and misleading?? You got what you deserved. You just became lazy and got caught. Ha

[pennylessinindia]

The refusal is correct so i can't see how there would be any grounds of successful appeal.

Thanks a lot for your reply Greenie. I understand the reasons for the refusal are correct but I only know that now. When I was applying I didn't understand the new rules (they're way more complex than they used to) so I rang the UKBA helpline several times (accompanied by a British friend who's my witness) and THEY were the ones that said I was OK with the established presence since I completed a degree in the UK and therefore I acted accordingly to the advise given.

The sad thing is that I could have borrowed the £5400 and have it in my account for 28 days if it was absolutely necessary but I trusted the opinion of an official so my point is, if the law is so crystal clear then how could the own Border Agency experts get it wrong?

Still not a good enough reason to appeal? I just feel it's really unfair and irresponsible to mislead people like that. Hope to hear your view about my point. Thanks again!

You are such a hypocrite!! Do you think borrowing £5400 and putting it in your account for 28 days to show you have sufficient funds is not unfair, irresponsible and misleading?? You got what you deserved. You just became lazy and got caught. Ha

You who advocates fake bank accounts in Pakistan telling someone else they are a Hypocrite - mmm interesting

[bruteforce]

inappropriate language being used here, IMO the admins should warn the concerned posters here.

[ruskcake]

The refusal is correct so i can't see how there would be any grounds of successful appeal.

Thanks a lot for your reply Greenie. I understand the reasons for the refusal are correct but I only know that now. When I was applying I didn't understand the new rules (they're way more complex than they used to) so I rang the UKBA helpline several times (accompanied by a British friend who's my witness) and THEY were the ones that said I was OK with the established presence since I completed a degree in the UK and therefore I acted accordingly to the advise given.

The sad thing is that I could have borrowed the £5400 and have it in my account for 28 days if it was absolutely necessary but I trusted the opinion of an official so my point is, if the law is so crystal clear then how could the own Border Agency experts get it wrong?

Still not a good enough reason to appeal? I just feel it's really unfair and irresponsible to mislead people like that. Hope to hear your view about my point. Thanks again!

You are such a hypocrite!! Do you think borrowing £5400 and putting it in your account for 28 days to show you have sufficient funds is not unfair, irresponsible and misleading?? You got what you deserved. You just became lazy and got caught. Ha

You who advocates fake bank accounts in Pakistan telling someone else they are a Hypocrite - mmm interesting

Wow! Hold your horses. I have never at any stage in any of post advocated using fake bank accounts.

If you read my post carefully

http://www.immigrationboards.com/viewtopic.php?t=92577

regarding fake bank statements you will realise I was exploring the topic of fake bank statements and highlighting the weaknesses in the immigration system and presenting possible solutions.

[Deviser]

Its usual in for mister pennyless. He always poke his nose without any consideration.