postgrad doctor tier 4 waiting for appeal decision

hello guys,

i am a recent uk graduate doctor. my tier 4 as a student was expiring in october 2012, so i applied for extension at end of august after receiving my first paycheck. the funds: £2000 were not maintained for 28 days and hence the application got refused in end of october.

completely my oversight but had not paid attention to the 28 day period.

anyways,loaned £2000 from friend appealed against decision within a week with a cover letter, my payslips (i earn n spend £2000) per month but again these £2000 were only in account for a week. mentioned this in cover letter, talked to a solicitor who said that appeal is extremely likely to be dismissed. but it will buy me time to maintain funds for 28 days for a fresh application.

maintained funds till end of november. still no reply from tribunals. but they sent a questionnaire by post along with notification of my appeal reference number with offer to send any additional evidence to be sent to them before 27th of december. so i got statements from bank showing my maintenance funds and quickly posted this to support my appeal with a new cover letter.

on 2nd of december, my funds have fallen below the £2000 mark.

my queries are:

1. what is the average time taken for tribunal to accept/dismiss appeal decision?

2. i know that if the appeal is dismissed within next 3 weeks & i had to make a fresh application, the funds from end of oct- dec 1st would be fine. but if the decision comes in january, how much time do i have to make a fresh application. will that be 28 days?

3. would taking another loan right now to maintain this lumpsum now advisable?

@Auro 5,

Your first error was oversight but 2nd was negligence.

If 2 Dec 2012 is in the bank statement which you have sent to the tribunal and it seems like to be dealt on documents, the appeal is likely to be dismissed.

You'll have to maintain the required funds for 28 days constantly and file a new T4 Application.

Do not wait for appeal decision apply as soon as possible if you have maintained funds for the last 28 days.

Loan...!!! use your judgement.

You'll have 5 working days to lodge an appeal at Upper Tribunal from the date of dismissed appeal from First Tier Tribunal.

Yon can file a request at First Tier Tribunal to lodge an appeal at Upper Tribunal. This will buy you more time, use this time and re-apply Tier 4.

Can I first of all convey my thanks spidery_thread for replying to my query!

I take on board what you said, but I have been told and read at many instances that applying with a new Tier 4 application with a pending appeal is futile as without the appeal's outcome, the new application will not be considered. Am I right in this?

To answer the other query: I maintained the funds for more than 28 days and the bank statement I sent at end of november does not show my funds falling below 2000 gbp for 31 days.

However other than yet another acknowledgement a week back of receipt of my appeal, I have not yet received the outcome. I again started maintaining the funds for another 28 days and this period will finish in beginning of Jan. So should I re-apply in 2nd week of Jan with fresh application or await the appeal decision?

If the appeal is allowed then well and good. Otherwise you can apply with in 5 working days of appeal dismissal.

auro5 wrote:Can I first of all convey my thanks spidery_thread for replying to my query!

I take on board what you said, but I have been told and read at many instances that applying with a new Tier 4 application with a pending appeal is futile as without the appeal's outcome, the new application will not be considered. Am I right in this?

To answer the other query: I maintained the funds for more than 28 days and the bank statement I sent at end of november does not show my funds falling below 2000 gbp for 31 days.

However other than yet another acknowledgement a week back of receipt of my appeal, I have not yet received the outcome. I again started maintaining the funds for another 28 days and this period will finish in beginning of Jan. So should I re-apply in 2nd week of Jan with fresh application or await the appeal decision?

@auro5,

Please read J24, Tier 4 (G) Application Form (version 10/12) - page 23.

It clearly shows you can apply while waiting for a decision of an appeal, All Tier visas are based on points scoring system, if you meet or exceed required points, visa will be issued.

Thanks for the terrific advice again spidery_thread.

I await the response to the appeal even now. I have >2000 GBP in my account for 32/33 days now once again. I am quite anxious about the situation given the delay.

I am seriously contemplating applying with a fresh Tier 4 application. To do this, as far as I understand, I will have to notify the Tribunals by email /post to withdraw my appeal on the same day of posting in my fresh application. Is that correct? I know that there is a question in the application form asking for any outstanding appeals but nowhere in the guidance notes could I find a clear reference for applying with a pending appeal.

My other niggling doubt is whether I will have to show maintenance funds worth 9 months or 2 months? I have read of many instances where my "established presence" will not be valid given my last request for extension of visa/entry clearance wasn't given.

A big part of me wants to wait the result of the appeal. In case of dismissal, is it correct that I get 5 (or 7) days to reapply (without any further right to appeal)? Will I have to show maintenance funds for 9 months?

Spidery_thread wrote:

auro5 wrote:Can I first of all convey my thanks spidery_thread for replying to my query!

I take on board what you said, but I have been told and read at many instances that applying with a new Tier 4 application with a pending appeal is futile as without the appeal's outcome, the new application will not be considered. Am I right in this?

To answer the other query: I maintained the funds for more than 28 days and the bank statement I sent at end of november does not show my funds falling below 2000 gbp for 31 days.

However other than yet another acknowledgement a week back of receipt of my appeal, I have not yet received the outcome. I again started maintaining the funds for another 28 days and this period will finish in beginning of Jan. So should I re-apply in 2nd week of Jan with fresh application or await the appeal decision?

@auro5,

Please read J24, Tier 4 (G) Application Form (version 10/12) - page 23.

It clearly shows you can apply while waiting for a decision of an appeal, All Tier visas are based on points scoring system, if you meet or exceed required points, visa will be issued.

sample of visa re application letter