The maintenance saga continues

[Angelica]

I hope people remember my case.

For reference : http://www.immigrationboards.com/viewtopic.php?t=44209

My question is Must the £800 be the daily balance or per minute balance?

Its funny but true!

I maintained a daily balance throughout albeit abbey national statement.

Please run away from abbey statement

Few times, i withdrew monies but make up for it before the end of the day.

Abbey national has various balances in each day but Baclays have just one balance.

Please note!

I dont mind any advise though!

Cheers

[vinata]

Your story sounds really horrible. I cannot believe the HO could have treated you like that.

In relation to your queiry i can only say that there is no proper definition of a term 'balance'. We all understand that a balance could be annual, monthly, daily, openig, closing, current, provisional and so on. However, in the immigration rules it only says that 'persoanl savings must always be of over £800 at all times'. So, it is difficult to understand how to interpret this requirement.

I have been a victim of the same rule and had no choice but to appeal (was givent this right) and to prove i had money for those couple of hours. I know, it sounds silly, but the HO nowdays uses all possible loopholes in order to refuse. This is because 'all the time' literaturely means every single second.

I personally believe that the only reason why your initial application was refused was because of ILR, as they simply didn't want to give you one. Now you have only two options : either go back home and reaply from there for psw (I am sure you will be given one very quickly since there would not be any threat of you applying for an ILR in the nearest future), or apply for a JR through a good solicitor. However, bear in mind, if you decide to pursue a second option, you will still need to leave the country within the 28 days after your psw refusal and your solicitor will have to do all the work for you while you are away. Otherwise you could be treated as an overstayer with all the consequences derived from that.

And another thing. A JR will cost you at least £400 in application fees and at least £2000 in solicitor fees (however, it could be much more than that as well). All you can argue at the JR is that you should have been given the right of appeal when you submitted an in-time application and that you wouldn't have commited all the consequent actions had the right of appeal been given to you in the first place. If, however, JR declines such a claim, I believe, you won't be able to win it on mainteinance grounds because you literaturely didn't have the money on your account every singe second. But contact a GOOD solicitor, sometimes they can do miracles.

[Angelica]

Thanks. It was funny

I checked one of my barclays account, even if you have 5 transactions in a day, there can only be one balance(at the right corner) but abbey is not like that.

Do you know what? My Tier 4 application is still pending which normally should have trigger S3c.

I have been advice by a very prominent member here to do either JR or persuade the appellate authority by appealing.

Cheers

[Angelica]

1) Is anybody here appeal while HO gave "no right of appeal"

I heared its possible but how.

Recall that i have an intime student application which is NEVER treated. So i believe i should have a "right of appeal"

2) Do anyone has a case reference of somebody who has to add other accounts during appeal?

Cheers

[ajmal]

Thanks. It was funny

I checked one of my barclays account, even if you have 5 transactions in a day, there can only be one balance(at the right corner) but abbey is not like that.

Do you know what? My Tier 4 application is still pending which normally should have trigger S3c.

I have been advice by a very prominent member here to do either JR or persuade the appellate authority by appealing.

Cheers

[ash786]

I hope people remember my case.

For reference : http://www.immigrationboards.com/viewtopic.php?t=44209

My question is Must the £800 be the daily balance or per minute balance?

Its funny but true!

I maintained a daily balance throughout albeit abbey national statement.

Please run away from abbey statement

Few times, i withdrew monies but make up for it before the end of the day.

Abbey national has various balances in each day but Baclays have just one balance.

Please note!

I dont mind any advise though!

Cheers

1. It means the required amount at all time.
2. U can also say (seconds, minutes, hours, daily or monthly).
3. The balance shud not drop as above at anytime for 3 months.