psw rejected because of fund maintenance which is not true.

Hi Jack,

I have gone through your posts and would like to share my case with you which is similar to yours.

My PSW Visa got rejected today on the grounds of not maintaining sufficient funds, which is not true. I have ensured a minimum amount of £2000 for the last 6 months before applying for visa i.e. 10 March 09. I had sent the original bank statements covering a period of 6 months (instead of 3), which is missing from the documents I received back from Home Office. I guess, they might have lost the bank statements and thereby quoted, "you didnt produce the relevant documents".

Luckily I have a scanned copy of all the statements which I sent along with my application. I have also requested the bank to provide me the original statements again which is expected to be delivered in the next 5 working days.

I have an option to appeal which I am going to opt for.

But I have few questions, it would be so kind, if you can answer:

Q1. Can I send the scanned copy of the orginal statement or should I wait for the originals from the bank ?

Q2. What documents should I send along with the appeal ? Do I need to send the Degree Certificate, College letter ? As I have scored points in all the other areas and just lack 10 points in fund maintenance.

Q3. Do I need to send my passport ?

Q4. Should I ask the home office about the original bank statements as they didn't receive them back ?

Looking forward to hear from you soon.

Thanks & Regards,
Sandeep

This is a really sad story. I think the HO now tries to deter as many people from their labour market as possible, even if they potentially qualify for the visa.

Now you have no choice but to wait for another 4-6 month before you finally get it. There are no doubts you will, but it may take a long time. I believe this is the idea behind it.

Anyway, you need to send the grounds of appeal together with the notice form to the court, and wait until they allocate you a date for the hearing. You don’t have to send your passport in, only the documents mentioned above. You can also attach photocopies of all supporting evidence such as “missingâ€

thx alot vinata. one more question came in my mind i.e. is it possible I file appeal here and travel back to my country. If the case goes through can i than just apply from my country OR I have to remain here.

sandeep123 wrote:Hi Jack,

I gone through your posts and want to share my case with you which is same as yours. I got refusal today on the grounds of not maintaining sufficient funds which is not the reallty. I maintained more than 2k pound from more than 6 months before applying the visa i.e. 10march. I sent my original bank statement copies for 6 months which they didnt returned to me. Although i have recevied all other original documents. My guess is possibly they lost my statements therefore didnt return my statement back and said you didnt produce relevent documents.
Luckly I have scanned copy of all my statements which i sent them.And i also requested bank for the original statements once again which will be delivered to me in next 5 working days.
I have an option of appeal which i defenitly do. I just have few questions and will be really thankful if you answer me:

Q1. Can I send scanned copy of the orginal statement or should i wait for the originals to come from the bank.
Q2. Which all documents do I have to send along with the appeal. Do I have to send degree, college letter also again. As I already scored point in it n just lack 10 points of funds.
Q3. Do i have to send my passport.
Q4. Can i ask home office about my original bank statements as they didnt sent those back to me.

Look forward to listen form u soon.

Thanks & Regards,
Sandeep

You need to remain in the UK during the process. Otherwise, you will loose your right to appeal.

Alternatively you can apply from a backhome country, but this would be a new application with a new fee and you will need to show you have £2,800 available for you at the time of the application.

Q1. Can I send the scanned copy of the orginal statement or should I wait for the originals from the bank ?

Ans: Yes, to send your appeal documents to AIT you can send the photocopies but when you get the hearing date and you are infront of a judge then you will have to produce the orignal statements, so its better to request for orignals now for the hearing date, which you would get within a months time. Make sure that you submit you appeal papers within the 10 working days from the HO letter.

Q2. What documents should I send along with the appeal ? Do I need to send the Degree Certificate, College letter ? As I have scored points in all the other areas and just lack 10 points in fund maintenance.

Ans: No; You do not need to send the degree and other documents if you have already got points for them. Just write a separate letter or write on the appeal form why you should remain in this country and what mistake HO made in your case., I would advise you to write a separate letter and send it to them and ask for a Oral hearing, where you will have a better chnace to explain everything and the HO rep may not even turn up on the day!!!

Q3. Do I need to send my passport ?

Ans: NO keep your passport to yourself; If you win the appeal (which i am sure you would, as long as you have the money over 3 months) HO will send to a letter after 8 - 10 weeks of the determination letter and then you will have to send your passport to Leeds, where they will stamp your VISA.

DO NOT leave UK othervise your appeal would automatically be withdrawn so stay here until you get a decision.

Its a start of a long stressful time. I am gona have to be honest with you it is painful when you win the case and the waiting times kills you day after day. BUT in a nutshell its good for you.

I am sure as long as you can prove that you had the required funds ALL THE TIME in your bank accounts your appeal would be allowed.

Hope that helps.

Q4. Should I ask the home office about the original bank statements as they didn't receive them back ?

Hi Jack,

Thx a ton for ur detail reply. I have one more question. is it important n would be really useful to go for hearing or we can just go for normal written procedure. As my case is very straight forward. please suggest.

thanks & regards

sandeep




Q1. Can I send the scanned copy of the orginal statement or should I wait for the originals from the bank ?

Ans: Yes, to send your appeal documents to AIT you can send the photocopies but when you get the hearing date and you are infront of a judge then you will have to produce the orignal statements, so its better to request for orignals now for the hearing date, which you would get within a months time. Make sure that you submit you appeal papers within the 10 working days from the HO letter.

Q2. What documents should I send along with the appeal ? Do I need to send the Degree Certificate, College letter ? As I have scored points in all the other areas and just lack 10 points in fund maintenance.

Ans: No; You do not need to send the degree and other documents if you have already got points for them. Just write a separate letter or write on the appeal form why you should remain in this country and what mistake HO made in your case., I would advise you to write a separate letter and send it to them and ask for a Oral hearing, where you will have a better chnace to explain everything and the HO rep may not even turn up on the day!!!

Q3. Do I need to send my passport ?

Ans: NO keep your passport to yourself; If you win the appeal (which i am sure you would, as long as you have the money over 3 months) HO will send to a letter after 8 - 10 weeks of the determination letter and then you will have to send your passport to Leeds, where they will stamp your VISA.

DO NOT leave UK othervise your appeal would automatically be withdrawn so stay here until you get a decision.

Its a start of a long stressful time. I am gona have to be honest with you it is painful when you win the case and the waiting times kills you day after day. BUT in a nutshell its good for you.

I am sure as long as you can prove that you had the required funds ALL THE TIME in your bank accounts your appeal would be allowed.

Hope that helps.

Q4. Should I ask the home office about the original bank statements as they didn't receive them back ?[/quote]

sandeep123 wrote:Hi Jack,

Thx a ton for ur detail reply. I have one more question. is it important n would be really useful to go for hearing or we can just go for normal written procedure. As my case is very straight forward. please suggest.

thanks & regards

sandeep

Its up to you. BUT if i were you i would get an oral hearing and make myself clear to them. BUT yes you dont need a solicitor, you can explain everything yourself. In an oral hearing the judge already studies the case, and in your situation it would also be straight forward.

Its up to you whatever way you feel better. BUT you have my suggestion!

Hope that helps

jack199 wrote:

sandeep123 wrote:Hi Jack,

Thx a ton for ur detail reply. I have one more question. is it important n would be really useful to go for hearing or we can just go for normal written procedure. As my case is very straight forward. please suggest.

thanks & regards

sandeep

Its up to you. BUT if i were you i would get an oral hearing and make myself clear to them. BUT yes you dont need a solicitor, you can explain everything yourself. In an oral hearing the judge already studies the case, and in your situation it would also be straight forward.

Its up to you whatever way you feel better. BUT you have my suggestion!

Hope that helps

Your refusal is quite as ridiculous as Jack's. I really wonder what's going on with the HO. This is totally unfair.
Anyway, I agree with Jack. Despite the fact that your case is pretty straight-forward, it's best you still go for the oral hearing. It gives you the opportunity to explain yourself fully to the judge. Also seeing the embarassment on the HO rep when the judge tears him to pieces for the refusal should give you some satisfaction.
All in all, really sorry about your refusal. You're definitely going to win your appeal, it's just the long wait associated with implementing the appeal and stamping your passport that's the problem.
All the best

Hi,

thx again.where hearing takes place. I mean which city.

Regards
Sandeep

Hi Jack,

Thx a ton for ur detail reply. I have one more question. is it important n would be really useful to go for hearing or we can just go for normal written procedure. As my case is very straight forward. please suggest.

thanks & regards

sandeep

[/quote]

Its up to you. BUT if i were you i would get an oral hearing and make myself clear to them. BUT yes you dont need a solicitor, you can explain everything yourself. In an oral hearing the judge already studies the case, and in your situation it would also be straight forward.

Its up to you whatever way you feel better. BUT you have my suggestion!

Hope that helps[/quote]


Your refusal is quite as ridiculous as Jack's. I really wonder what's going on with the HO. This is totally unfair.
Anyway, I agree with Jack. Despite the fact that your case is pretty straight-forward, it's best you still go for the oral hearing. It gives you the opportunity to explain yourself fully to the judge. Also seeing the embarassment on the HO rep when the judge tears him to pieces for the refusal should give you some satisfaction.
All in all, really sorry about your refusal. You're definitely going to win your appeal, it's just the long wait associated with implementing the appeal and stamping your passport that's the problem.
All the best[/quote]

There are a number of hearing centres across the UK. You should post your documents to the address provided in the notice form and then you will be allocated a centre which is nearest to the place where you live.

Have a look at this link. You can find answers to all your questions here.
http://www.ait.gov.uk/FAQs/questions.htm

Hi Jack,

Finally i took ur advice and decided to go for oral hearing. I am going to send my papers tommrow now. Just wanted to know which all papers i have to send. As per my knowledge I am sending 3 sets of document.

1. AIT Filled Form.
2. Visa refusal notice from HO.
3. Copy of Bank statement which i sent before at the time of applying.

Please let me know do we need to send anything more along with it.

THANKS & REGARDS
SANDEEP

jack199 wrote:Q1. Can I send the scanned copy of the orginal statement or should I wait for the originals from the bank ?

Ans: Yes, to send your appeal documents to AIT you can send the photocopies but when you get the hearing date and you are infront of a judge then you will have to produce the orignal statements, so its better to request for orignals now for the hearing date, which you would get within a months time. Make sure that you submit you appeal papers within the 10 working days from the HO letter.

Q2. What documents should I send along with the appeal ? Do I need to send the Degree Certificate, College letter ? As I have scored points in all the other areas and just lack 10 points in fund maintenance.

Ans: No; You do not need to send the degree and other documents if you have already got points for them. Just write a separate letter or write on the appeal form why you should remain in this country and what mistake HO made in your case., I would advise you to write a separate letter and send it to them and ask for a Oral hearing, where you will have a better chnace to explain everything and the HO rep may not even turn up on the day!!!

Q3. Do I need to send my passport ?

Ans: NO keep your passport to yourself; If you win the appeal (which i am sure you would, as long as you have the money over 3 months) HO will send to a letter after 8 - 10 weeks of the determination letter and then you will have to send your passport to Leeds, where they will stamp your VISA.

DO NOT leave UK othervise your appeal would automatically be withdrawn so stay here until you get a decision.

Its a start of a long stressful time. I am gona have to be honest with you it is painful when you win the case and the waiting times kills you day after day. BUT in a nutshell its good for you.

I am sure as long as you can prove that you had the required funds ALL THE TIME in your bank accounts your appeal would be allowed.

Hope that helps.

Q4. Should I ask the home office about the original bank statements as they didn't receive them back ?

Hi,

I got the hearing date. I got the letter asking for 2 documents. I m writting below the exact lines below.

1. Witness statements of the evidence to be called at the hearing, such statements to stand as evidence in chief at the hearing.

2. A paginated and indexed bundle of all the documents to be relied on at the hearing with a schedule identifying the essential passages.

Please suggest what exactly they need as my case rejected on the basis of fund maintenance. I have already send them the copy of bank statements. Do I have to send them again with any other document.

look forward to listen from you soon.

Thanks and Regards
sandeep

sandeep123 wrote:Hi Jack,

Finally i took ur advice and decided to go for oral hearing. I am going to send my papers tommrow now. Just wanted to know which all papers i have to send. As per my knowledge I am sending 3 sets of document.

1. AIT Filled Form.
2. Visa refusal notice from HO.
3. Copy of Bank statement which i sent before at the time of applying.

Please let me know do we need to send anything more along with it.

THANKS & REGARDS
SANDEEP

jack199 wrote:Q1. Can I send the scanned copy of the orginal statement or should I wait for the originals from the bank ?

Ans: Yes, to send your appeal documents to AIT you can send the photocopies but when you get the hearing date and you are infront of a judge then you will have to produce the orignal statements, so its better to request for orignals now for the hearing date, which you would get within a months time. Make sure that you submit you appeal papers within the 10 working days from the HO letter.

Q2. What documents should I send along with the appeal ? Do I need to send the Degree Certificate, College letter ? As I have scored points in all the other areas and just lack 10 points in fund maintenance.

Ans: No; You do not need to send the degree and other documents if you have already got points for them. Just write a separate letter or write on the appeal form why you should remain in this country and what mistake HO made in your case., I would advise you to write a separate letter and send it to them and ask for a Oral hearing, where you will have a better chnace to explain everything and the HO rep may not even turn up on the day!!!

Q3. Do I need to send my passport ?

Ans: NO keep your passport to yourself; If you win the appeal (which i am sure you would, as long as you have the money over 3 months) HO will send to a letter after 8 - 10 weeks of the determination letter and then you will have to send your passport to Leeds, where they will stamp your VISA.

DO NOT leave UK othervise your appeal would automatically be withdrawn so stay here until you get a decision.

Its a start of a long stressful time. I am gona have to be honest with you it is painful when you win the case and the waiting times kills you day after day. BUT in a nutshell its good for you.

I am sure as long as you can prove that you had the required funds ALL THE TIME in your bank accounts your appeal would be allowed.

Hope that helps.

Q4. Should I ask the home office about the original bank statements as they didn't receive them back ?

JACK COULD YOU ALSO SHED SOME LIGHT ON THIS PLEASE!!!!
My house mate has been rejected for the same reason as yours

He has been refused because they mentioned one page was missing from the bank statements which he sent for maintanence funds

but my friend is not sure whether Ho lost it or he didnt check before posting the document.

He has got a letter from HSBC saying that for the last 3 months, his balance was always £800 and more, do you think he can appeal saying He kept all the pages of the statement but HO lost one page among them

2nd question:

what is oral hearing? what is the procedure to do this?
I am not an expert and i dont have experience but I advised my mate to write a letter quoting the HO missed his documents ( 1 page of statement). I have also asked him to enclose the letter he got from the bank which states he had more than £800 always for the past 3 months

what is the procedure to go for oral hearing?

3rd question:

Could you please give me the template of your covering letter which you sent with your appeal to AIT?

My mate is really stressed and helpless. I beleive you will share your experience and help us at the earliest, He has got only 2 days left to appeal

Waiting for your reply
If you could give me your number i can call you to get some advise from you

Many Thanks

regards

Your visa got rejected for not providing the statements.Can you answer the following,

1. When did you apply for u PSW (Date of u application).
2. What statements you provided (for 3 months plus what was the date of u last transaction on u last statement).
3. Was the last statement within 1 monthe before the date of application.

1. When did you apply for u PSW (Date of u application).

Answer: 22nd May 2009


2. What statements you provided (for 3 months plus what was the date of u last transaction on u last statement).

Answer: 20th Feb to 22nd May ( both inclusive) and the last transaction was on 22nd May 2009

3. Was the last statement within 1 monthe before the date of application.

Answer: Yes

Please help me in solving this issue

Many Thanks

Regards
Jafar

Let me ask you one more question, u said that in you first post that u supplied the 6 months bank statements. When i asked you that whcih statements u supplied then u said that 3 months. U also said that HO did not send you the rest of the statements. Let me tell u how HO works out the three months funds requirements. Whatever i said in my previous psot is correct plus the following,

The HO will look at your last statement and the last transaction on it and then they will go back by that date. In your case you did the following.

You supplied (20th Feb to 22nd May)
What you shoud have supplied (22th Feb to 22nd May)

Now the question is that if you had a tranasction on the 22nd Feb (the bank statement page) then you have supplied the 3 months statements. Have a look on your copies and see if you hav transaction on the Feb 20th/21st and the 22nd. As long as you hav a transaction on the 22nd Feb you have supplied the three months statements. If you did not have a transaction on the 22nd then HO can not see the balance on that day.

I am sorry my friend but they are stupid idiots and they play by their rules. U shud go with the appeal and i am sure you will win it. The reason i explained that in detail is just i wanted to give u an idea how they work out the three months stupid rule. I wud recommend you to order the original statemenst and take them with u for the appeal. Gud Luk

I'm really sorry but i think you have mistaken

When you asked me teh questions i thought you were asking me, I didnt realise you were asking the previous person

Your question was to another person and i replied your question thinking you were trying to help you

anyways many thanks
sorry for the inconvenience

I am sorry as well i shud hav mentioned it.

[quote="sandeep123"]Hi,

I got the hearing date. I got the letter asking for 2 documents. I m writting below the exact lines below.

1. Witness statements of the evidence to be called at the hearing, such statements to stand as evidence in chief at the hearing.

2. A paginated and indexed bundle of all the documents to be relied on at the hearing with a schedule identifying the essential passages.

Please suggest what exactly they need as my case rejected on the basis of fund maintenance. I have already send them the copy of bank statements. Do I have to send them again with any other document.

look forward to listen from you soon.

Thanks and Regards
sandeep

Hi Sandeep,
I am really sorry to hear about your case and I would also like to mention that I am sailing in the same boat. Refused on the grounds of maintenance funds. IN brief, I have appealed and I got my hearing date and I am stuck exactly in the same question as you quoted above... Quoting again:

I got the hearing date. I got the letter asking for 2 documents. I m writting below the exact lines below.

1. Witness statements of the evidence to be called at the hearing, such statements to stand as evidence in chief at the hearing.

2. A paginated and indexed bundle of all the documents to be relied on at the hearing with a schedule identifying the essential passages.

Below it is also stated that these above documents should be sent to AIT and to the respondent(????). Respondent which from the letter I assume is the Secretary of State(as unclear as was before).

Would anyone throw some light in this area please.

1) I would like to know what this witness statement is all about?
2) It asks me to send the relevant docs(bank statements) 5 days prior to the hearing date to both AIT and Respondent(Secretary of State). Any info on this please. Who is this respondent and how should I send my docs to him?

Any of you guys who have been through this or know about the proceedings (Jack, Vinata, Sandeep, staffordjafar, ash)???? Any of you guys if let me know about this even in few words, I would be very thankful to all of you,
Most of you added so much of info into this page and I really did not want to start another topic as this page covers most of the questions.

Thanks again
Guru

Hi Guru,

Please have a look at the following link. Hope you will get an idea about what the witness statement shoud be like.

http://www.immigrationboards.com/viewtopic.php?t=39201

My own statement looks pretty much the same, but the details on it are different to suit my own circumstances. Anyway, it is an explanation of what your were doing in the UK, why you were refused your visa and why you should remain in the UK.

If you don't feel comfortable with the legal issues, then you'd be much better off getting a lawer. I know it could be very expensive, but there are so many little things, that it may be very hard for you to do everything on your own. I got one, paid £1,700 and do not regret. Money is not everything, but I feel protected and well looked after. This is a very good relief as well. But the choice is yours.

[quote="vinata"]Hi Guru,

Please have a look at the following link. Hope you will get an idea about what the witness statement shoud be like.

http://www.immigrationboards.com/viewtopic.php?t=39201

My own statement looks pretty much the same, but the details on it are different to suit my own circumstances. Anyway, it is an explanation of what your were doing in the UK, why you were refused your visa and why you should remain in the UK.

If you don't feel comfortable with the legal issues, then you'd be much better off getting a lawer. I know it could be very expensive, but there are so many little things, that it may be very hard for you to do everything on your own. I got one, paid £1,700 and do not regret. Money is not everything, but I feel protected and well looked after. This is a very good relief as well. But the choice is yours.[/quote]


Hi Vinata,
Thanks a lot for your reply. What you said is absolutely true, hard to take this stress and as the time goes the burden increases. It is always good to have someone taking care of the situation. The link you've sent is extremely helpful. His story is definitely inspiring and lots of others who have been through similar circumstances and have come out successfully.
Thanks again Vinata. Appreciate your help

Regards
Guru