Question on new application after refusal

[TheSpread]

Hello,

So here's my story. I applied for a PSW on January the 8th after the completion of my MSc having also done a BSc in the UK. I then received a letter 2 days ago stating that my application had been refused on the grounds that I had failed to provide the sufficient documents (my fault really after sending bank statements missing the 1st 5 days...hsbc had sent me my statements separately and by the time the rest had arrived I had already sent my application) and my funds had also dipped below the 800 required amount at a point. I have read quite a lot about this happening on this very helpful forum and the difficulties that arise. I will not be able to show that I had sufficent funds in any other accounts unfortunately so I am already accepting that the appeal will show the same outcome.

What I would like to know is during the appeal procedure, if I am able to come up with new evidence showing a completely new 3 month period of sufficient funds during the period of waiting. If the appeal is refused (most likely) and I am given the 28 days to leave the country...am I able to lodge a new application for the PSW during this period in order to stay in the country and not have to apply from the homeland? Would I be legally entitled to or after a refusal and being aksed to leave can I only then apply for an entry-clearance from the homeland?

[arsenal49]

once your app is refused, you can ONLY appeal the decision. if you dont appeal then you HAVE to go home.

It is a tricky situation because there was another thread here where poster said that judge , during appeal, refused to accept new documents so the original refusal by HO stood firm.

I am afraid you wont have any luck there. You should have waited or did something to have 800 pounds for 3 months before sending your application.

By the way can you provide evidence from your parents' account overseas or something like that covering the days when your amount dipped.. Chances are still low to get accepted but worth a shot since you have nothing to lose. (I am assuming you dont have 2800 pounds in your account, hence cant make an application out of country)

Good day

[arsenal49]

If you have absolutely no other option, then what you can do is appeal...If that appeal is rejected, then appeal again and i think this new appeal will be in high court. Once your app is in high court i think you can make a new psw application. Hopefully you will have enough money by that time in your account and thus you dont have to leave country.

Ofcourse mention it in your application in relevant section.

This is based on me reading posts here so cant confirm this route but maybe other members will be able to tell you if thats indeed possible.

[TheSpread]

If you have absolutely no other option, then what you can do is appeal...If that appeal is rejected, then appeal again and i think this new appeal will be in high court. Once your app is in high court i think you can make a new psw application. Hopefully you will have enough money by that time in your account and thus you dont have to leave country.

Ofcourse mention it in your application in relevant section.

This is based on me reading posts here so cant confirm this route but maybe other members will be able to tell you if thats indeed possible.

Thanks for the advice. So in general does one get a chance to appeal the second time, i.e. in high court or this opportunity is only given case by case. I have also been reading another thread by potterbond007:

http://www.immigrationboards.com/viewtopic.php?t=52220

It seems they had been counting this 28 days to leave from the first day of refusal. I can see if that is the case then I would have to leave the country asap.