Need help please

[muroora1]

In reference to the points based system maintanence funds policy document, I would like to understand the following in terms of having a review of my post study application.

1. "Are lawfully in the UK in time of requesting reconsideration"
Recently I was served with a notice of decision to be removed from the UK. I sought a solicitor who represented me and the home office have given me a duration of period (until December), to make a fresh application or leave the UK voluntarily. I have now realised this policy document, however I am wondering if I fall as lawfull in the UK in time of requesting consideration?

2. Applied between 22 June and 22 July 2010(inclusive). I wish to find out if these dates are 22 June 2009 and 22 July 2010 or 22 June 2010 and 22 July 2010.

I appreciate your replies. Thank you.

[geriatrix]

When did you apply for Tier 1 (PSW) and from where? Was the application refused only because of maintenance funds or for other reasons too?


regards

[muroora1]

hi,
I applied in the UK and the application was refused only due to maintanence funds - nothing else. I applied in October 2009.

[geriatrix]

Any applications submitted before 22-Jul-10 from within the UK and refused only because of maintenance funds benefit from the Pankina judgement.

Unfortunately, you do not have valid leave to enter / remain in the UK hence a request for review of earlier application may not be considered. Also, as per your own statement, UKBA has allowed you to make a fresh application within a stipulated time but review under Pankina judgement is a reconsideration of an earlier refusal and is not a fresh application.

See also Revised points-based system policy guidance: maintenance (funds)

Consider seeking professional legal advice on the matter.


regards