change in rule details, after submission of application

[horizons]

I have applied for Tier 1 on May 22nd, 2008.
For maintanance requirements I have submitted the bank account statements for 3 calender months immediately prior to that (ie Feb, March, April).

This was because the guidance at available at the time of application states proof needed for 3 months immdiately prior to that and the max gap of 7 days was not mentioned in the guidance.

But my EC rejected because the gap is more than 7 days. I applied for admin review mentioning the above fact. But that was also rejected.

Does complaining to High commision helps?
The vfs site says we can complain - please see the last section of http://www.vfs-uk-in.com/appeals.aspx

Thanks

[vinny]

The Immigration Rules applicable to an immigration decision are, in the absence of transitional provisions or any contrary legitimate expectation, the rules in force at the date of the decision. Nathwani [1979-80] Imm AR 9 remains good law.

MO (Nigeria) v Secretary of State for Home Office; [2008] WLR (D) 107

[horizons]

Hi Vinny,

But the verdict by UK court w.r.t hsmp migrants (sorry i dont have reference numbers, but some what in april 2008) says the clauses at the time of application is to be considered and not the modification done afterwards. A google search gives lots of links.. one quoted here
http://www.etribes.com/node/70183

As per my understanding the essence of the above quoted(by me) verdict is that the rule at time of application is significant and not the updated rule.

[geriatrix]

Three calendar months prior to submission of application (on 22nd May) covers a period from 21-Feb to 21-May and not 01-Feb to 31-Apr!
Taking a 5-7 days leeway, you could have submitted statements covering the period from 15-Feb to 15-May.

I believe the policy guidance mentioned that calendar months were calculated based on actual dates rather than start to end of a given month.

regards