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Appealing for PSW

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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albertolpt
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Joined: Thu Feb 25, 2010 3:18 pm

Appealing for PSW

Post by albertolpt » Thu Feb 25, 2010 3:33 pm

Hi guys,

I applied for the visa in january. unfortunately, i got refused because of the 800 pounds requirement. I submitted 3 bank accounts, and they only checked 2 of them. they claim that for 5 days between the two accounts, the amount went below 800 pounds. If I add the 3rd account, I only go under 800 pounds for 3 days. I need to appeal, and the deadline they have given me is the 5th of march. I have been reading through some of the topics here, and from one of them there was a case where the person was advised if they had an overseas bank account in their name which would provide the adequate amount of money to total above 800 pounds during the 3 months in question they would have a good chance of success in the appeal. I do have a bank account in my country, which provides the adequate amount to keep the funds above 800 pounds during those 3 days where my account was less than 800 pounds.

I just want to make sure that I can appeal on this basis with a good chance of getting a favourable result. And also, I would like to know if I can work during the time of my appeal process. From what I understand, the appeal process takes about 6 months. If it is true that I can work, what evidence do I need to show the employer in order to work, as I need to look for a part-time job to support myself while I find a professional job in my field of expertise.

It would of great help if anyone could answer these queries. Thanks.

geriatrix
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Re: Appealing for PSW

Post by geriatrix » Thu Feb 25, 2010 4:37 pm

albertolpt wrote:If I add the 3rd account, I only go under 800 pounds for 3 days.
Then on what basis do you intend to appeal?

regards

arsenal49
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Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Thu Feb 25, 2010 4:39 pm

umm, he is appealing on the basis that he has overseas account which covers the dip ...

EDIT: you will be submitting a statement from overseas account which will be accounted as a "new" document. There is a possibility that judge may refuse to take that into account during appeal.

If possible, go to home country and apply from there and this time make sure you have all the maintenance funds available. Otherwise, take a risk and submit new document, while remaining here...

Personally, if i were in your shoes, i will apply while remaining in UK and "hope" that judge wont have issues with the new statement.

Why would you need to give statements from 3 different accounts? You should have maintained 800 pounds in 1 account. That has only made caseworker's life difficult and your case complicated. If you are short of amount for even one day then you are short, no points can be given to you for maintenance funds. 5 days or 3 days short, is exactly same in the eyes of HO

potterbond007
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Re: Appealing for PSW

Post by potterbond007 » Thu Feb 25, 2010 4:55 pm

albertolpt wrote:Hi guys,

I applied for the visa in january. unfortunately, i got refused because of the 800 pounds requirement. I submitted 3 bank accounts, and they only checked 2 of them. they claim that for 5 days between the two accounts, the amount went below 800 pounds. If I add the 3rd account, I only go under 800 pounds for 3 days. I need to appeal, and the deadline they have given me is the 5th of march. I have been reading through some of the topics here, and from one of them there was a case where the person was advised if they had an overseas bank account in their name which would provide the adequate amount of money to total above 800 pounds during the 3 months in question they would have a good chance of success in the appeal. I do have a bank account in my country, which provides the adequate amount to keep the funds above 800 pounds during those 3 days where my account was less than 800 pounds.

I just want to make sure that I can appeal on this basis with a good chance of getting a favourable result. And also, I would like to know if I can work during the time of my appeal process. From what I understand, the appeal process takes about 6 months. If it is true that I can work, what evidence do I need to show the employer in order to work, as I need to look for a part-time job to support myself while I find a professional job in my field of expertise.

It would of great help if anyone could answer these queries. Thanks.
Ur case reminds me a lot about mine.. Coz in my case, my bank account dipped below 800 pounds on 1 day and they refused it saying that i didn't have enough funds.. The judge in my appeal refused to accept my overseas bank account as proof under the basis that it was new evidence which i had not submitted when i originally applied for my visa.. Are you gonna keep a lawyer?.. Believe me.. it could go either way.. i would suggest that u dont waste ur money or ur time and leave the country to do an out of country application.. U can take the 50:50 chance if u want to..
Yes, According to Section 3C/3D of the immigration Act of 1971, your visa conditions continue as they are until u get an appeal decision.. I guess u could show ur acknowledgment letter if u find a potential employer willing to hire u.. that should suffice as proof for the time being..

geriatrix
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Post by geriatrix » Thu Feb 25, 2010 5:00 pm

arsenal49 wrote:umm, he is appealing on the basis that he has overseas account which covers the dip ...
But this account wasn't shown at the time of application and therefore mandatory requirements not fulfilled at the time of application.

It is OP's choice if she/he wants to risk an appeal refusal.

IMHO ....

regards

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