only 2 days for appeal....advice most appreciated

Hi there! i am very new to this site.i need ur valuable suggestion.PSW refusal for funds maintenance. Has anyone got any idea wether they accept the bank statement of the wife(dependant) as the proof of funds during that period.Secondly do we need to send any documents with appeal or is it alright if we submit them in front of the judge. Finally, do we need to write down the explanation for ONE STOP WARNING in the appeal or with the appeal. Please reply me ASAP as i got only 2 days to send my appeal. reply most appreciated. thank u

sunny.dev wrote:Hi there! i am very new to this site.i need ur valuable suggestion.PSW refusal for funds maintenance. Has anyone got any idea wether they accept the bank statement of the wife(dependant) as the proof of funds during that period.Secondly do we need to send any documents with appeal or is it alright if we submit them in front of the judge. Finally, do we need to write down the explanation for ONE STOP WARNING in the appeal or with the appeal. Please reply me ASAP as i got only 2 days to send my appeal. reply most appreciated. thank u

If u were the main applicant then it should be in u name. They wud not accept your wife account unless its a joint account with u name on the account. U need to make sure that the funds fulfill the requiremenst as uself plus any dependents. U suppose to send 1 bundle to AIT as u form explain what documents u need to send. U can not introduce any new evidence.

Check appendix E of immigration rules. Wife (dependant) can show the funds available to her on her bank account, and the main applicant (see appendix C) needs to show £800 available to him. Therefore, you can rely on your wife's account provided she had £533 available to her at any time. But as a main applicant, you cannot rely on your wife's account as a proof of finance for both of you. Go to Google, type in "appenix e immigration rules" and you will see it.

With your appeal form you need to submit only the form itself, grounds of your appeal (if on the separate pages, but could be included in the appeal form) and any photocopies of the additional evidence (not originals). Send these off to the address provided in the appeal form, and you should be fine.

Also, your additional evidence needs to cover the period in question. If you send any additional evidence outside this period, it will not be accepted. For example, if you provided the bank statements covering 1 March-1 June with your application, then your additional evidence should only confirm you had the required level of funds during this period. If you provide evidence that you had funds between 1 April and 1 July (for example), the evidence which covers a period of 1 June - 1 July would not be accepted by the judge.

Good luck.

Thank you everyone for the valuable information that to so very quick. actually i submitted my application on june 22nd but i showed the bank statements from feb21-mar21,mar22-april21, april22-may21. from feb21 to mar03 there is £50 short balance. as per the home office guidance the funds must be 3 months preceding the date of application, i got sufficient funds till june22, i couldn't submit may-june statement as i didn't receive at that time. if i show them that 3months preceding the application i got sufficient funds will the judge accept it or do i have to prove only in those dates which i submitted the bank statements, can't i state that i got the funds for 90days preceding my application and i couldn't submit them as i didn't receive that statement at that time. please reply. thank you in advance

At add to all above.....send all your documents by fax as well on the day of posting them. Just in case.

Good Luck.

It is questionable whether you can argue you had enough funds 90 days immediately prior to your application, since you submitted statements which didn't cover this period.

So, if the HO mentioned in their refusal letter you didn't have enough funds between 21 Feb and 3 Mar, they would expect you to show you indeed had the requed amount during this period.

If you show you had the money instead 30 days prior to your application, the HO could argue this evidence does not refer to the substance of their original decision, as they cover a different period.

However, their own guidance clearly says you need to have requisite amount for 90 days immediately prior to the application. Therefore, I would recomend you to get a goog lawer who can make a good argument in court, so that the HO does not dispute it any further.

I would also recomend you to attach your wife's statements, as you are entitled to rely on all the money held on both your accounts (by virtue of mariage). But, you need to hire a good lawer.

sunny.dev wrote:Thank you everyone for the valuable information that to so very quick. actually i submitted my application on june 22nd but i showed the bank statements from feb21-mar21,mar22-april21, april22-may21. from feb21 to mar03 there is £50 short balance. as per the home office guidance the funds must be 3 months preceding the date of application, i got sufficient funds till june22, i couldn't submit may-june statement as i didn't receive at that time. if i show them that 3months preceding the application i got sufficient funds will the judge accept it or do i have to prove only in those dates which i submitted the bank statements, can't i state that i got the funds for 90days preceding my application and i couldn't submit them as i didn't receive that statement at that time. please reply. thank you in advance

Hi Sunny,
To quote in simpler way. Application sent dated on June 22nd.

Policy Guidance, Page 35 Paragraph 198 speaks that “Applicant in the United Kingdom seeking further leave to remain must have at least £800 of personal savings which must have been held for at least three months prior to the date of applicationâ€

Thank you once again for the wonderful info. U guys got an excellent knowledge, hope u guys are from a legal background. Can u guys suggest me what to write for the ONE STOP WARNING. is that mandatory to fill, though we go for an appeal. Thank you

Has anyone got a specimen or sample copy of an AIT-1, i want to look the way it is drafted.

Hi Sunny

I quite agree with Gururaj. Your statements covered 90 days before ur application even though you did not send June statement. I think you increase your faith and beleive you will be granted the visa. If the HO refuse your application, you will have a 90% chance of winning the case base on other people's experience, i know people who had the same case and won. I want to presume that the case worker might grant you the visa, however you should pray about it instead of accepting defeat ( by looking for AIT 1 form) If you really need to see the form, you can get the form on www.ait.gov.uk and click on forms and guidance. All the best

Thank you for ur reply...but i didn't clearly understand this sentence from MONDAY 'however you should pray about it instead of accepting defeat ( by looking for AIT 1 form).'
I received AIT 1 form along with letter of refusal giving me the Right Of Appeal. So i thought i must go for appeal as i did not find any source to pray HO, if i want to pray whats the procedure. should i go for appeal or pray HO. can u please explain me clearly. Thank u

What do you mean by One Stop Warning????

HI sunny

There must have been a misunderstanding of some of your sentences, when you were asking for a specimen copy of AIT 1, i never new you were already sent one. Asking you to pray means you should pray about everything before your hearing date, never undermine the power of prayer, however it depends on your believe about that.
One stop warning only means the apellant should mention any others reasons which he/she thinks he should not be removed from UK,which he thinks the judge should consider ( this is just in case the grounds of appeal fail). However to the best of my knowledge one stop warning only apply to asylum seekers. I advice you seek more legal advice

monday wrote:HI sunny

There must have been a misunderstanding of some of your sentences, when you were asking for a specimen copy of AIT 1, i never new you were already sent one. Asking you to pray means you should pray about everything before your hearing date, never undermine the power of prayer, however it depends on your believe about that.
One stop warning only means the apellant should mention any others reasons which he/she thinks he should not be removed from UK,which he thinks the judge should consider ( this is just in case the grounds of appeal fail). However to the best of my knowledge one stop warning only apply to asylum seekers. I advice you seek more legal advice

I believe this case is a Non-Assylum case and you do not have to bother about the one stop warning if it is only for Assylum decisions. In your Ait form you have to fill in this part
'If your appeal relates to a non-asylum decision with which you disagree, you must give your reasons below and refer to the paragraphs of the refusal letter.' You could add additional grounds as well depending on your argument..

Dear friends...i submitted AIT1 for myself and my wife....i faxed the copies and sent the copies through post but didn't send the original form. is that alright? as i ordered for my wife's and my bank statements which i haven't received before the due date of the appeal, i mentioned in the appeal that i will submit the original in front of the judge on the day of hearing and i also mentioned that i will send the copies of those as soon as i receive them. is that alright?
[/b]The most important thing of concern is HO didnt' give the right of appeal to my baby. The letter states that 'in view of the fact that ur father's application has been refused....etc u were born here in uk on 26/01/2009, u haven't got any immigration history....you made an application on 22nd june 2009, however u have no leave to enter or remain in the uk. there is no right of appeal against this decision.u have no right to stay in uk and are liable to be removed....etc.
please advise me what to do about it. do i need to represent or send anything in writing as i already received it more than 2 weeks...i am in need of your valuable suggestion....thank you

One of my friends was in the same situation as you. But don't worry, your child can stay with you until the hearing date. If your appeal is allowed, your child can carry on staying with you until you get a visa. After that you can apply for your child's visa separately.

There is a law in place that if the child was born in the UK, it obviously doesn't have a visa. So, you should have applied for his/her visa separately before your own visa expired. However, since you didn't do so and included your child as dependant to your application, his/her application was refused, because your application (main applicant) was refused.

Also, there is no limit on child's stay in the UK provided his/her parrents are legally in the country and have got valid permissions to stay. So, it was lawful for your child to stay in the UK without a visa, and you informed the HO about your child at the first opportunity (next visa extension). However, if your appeal your dismissed, all members of your family would be expected to leave the country.

As regards the form to AIT, you did everything right, but you don't have to forward them any other evidence ones it becomes available. You need to prepare a bundle of all the documents for the hearing and attach copies of all your bank statements to it. This bundle should be sent to AIT and the HO at least a week before your hearing date. And don't forget to bring your originals to the court. Good luck.

[/b]Thank you soooooooooo much Vinata....U ARE A PRECIOUS JEWEL
Thank you once again for taking so much time and helping the people like me. Keep it up.