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PSW in Court-overseas Back-up!

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Angelica
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Posts: 122
Joined: Mon Sep 07, 2009 10:30 am

PSW in Court-overseas Back-up!

Post by Angelica » Thu Jun 03, 2010 2:54 am

Hi guys,


I hope few guys remember my case. My daily balance was always 800 pound but i use abbey national account who may have several balances within one day(Unlike Barclays). I was refused on maintenance.

My matter is in court NOW. I have heared few people winning it by backing it up with their overseas account.

How do Judge accept this?

Any link to any case in that regard?

Cheers.

potterbond007
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Joined: Fri May 29, 2009 3:37 am
Location: Somewhere.....
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Post by potterbond007 » Thu Jun 03, 2010 5:18 am

The judge would view your overseas bank account as new evidence and chances are that you will be refused again.. It used to happen where students used to back up their drop in funds with overseas bank accounts. However, I believe that this practice has been abolished by the Tribunal. It depends on the judge mostly, so there is no harm in trying to show your overseas account as evidence..
during those daily withdrawals, did your balance at any time drop below 800? Even if that is the case, you could argue that at he end of the day, your balance stayed above 800. All the best.

Angelica
Member
Posts: 122
Joined: Mon Sep 07, 2009 10:30 am

Post by Angelica » Thu Jun 03, 2010 12:39 pm

Thanks Potter.

My daily balance is at least #800 throughout. When i was refused, they never mention "day" but on several occasions. If i had used barclays, i wont be in the mess for barclays have just one balance in a day which is the closing balance.

Abbey had several balances. I later understand that the money MUST not dipped for a minute. Well i have few overseas account which i believe can make up for it.

i think S85(4)of nationality and immigration act 2002 supported this.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Jun 03, 2010 12:50 pm

NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025 wrote: vi. However, until s.85A of the 2002 Act is brought into force (subsection 85(4)(a) of which stipulates that in respect of appeals in Points Based System cases the Tribunal may consider evidence adduced by the appellant only if it was submitted at the time of applying), it remains possible for appellants to satisfy the requirements of para 245Z(e) by providing on appeal evidence in specified form showing that they had £800 or over in personal savings for the period of three months immediately prior to the date of application.
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