Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.
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adam81
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by adam81 » Fri Feb 18, 2011 11:31 am
Hi guys,
i left to the UK in the end of January, and i will apply for PSW from home. however there was enough money in my account to apply for PSW , when i left the country. and i brought the same amount money to my home bank account. but it has not been 90 days yet. can i apply for a PSW at home by using my two bank account ?
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Greenie
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by Greenie » Fri Feb 18, 2011 11:34 am
yes you can show money across two accounts as long as across those two accounts you had the required funds for every day of the 90 day period.
Sometimes it helps to draw up a simple table showing the whreabouts of the funds and include that with your application.
Are you aware that the maintenance requirement for overseas is £2800 not £800
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adam81
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by adam81 » Fri Feb 18, 2011 11:58 am
yes, i have enough money for PSW but i did withdraw all the money from My british account and i put that in my home account there days later. does it make problem or can i apply for the visa?
Greenie wrote:yes you can show money across two accounts as long as across those two accounts you had the required funds for every day of the 90 day period.
Sometimes it helps to draw up a simple table showing the whreabouts of the funds and include that with your application.
Are you aware that the maintenance requirement for overseas is £2800 not £800
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Greenie
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by Greenie » Fri Feb 18, 2011 12:05 pm
No if you didn't have the money in either account for those 3 days then unfortunately you will not meet the requirements if you are relying on those two accounts only.
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adam81
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by adam81 » Fri Feb 18, 2011 12:08 pm
i transfered the amount to my brothers account , it was there for 3 days , when i returned home i transfered it to my account. if i write a cover letter and explain everything with details , there still no chance for me to apply for it?
Greenie wrote:No if you didn't have the money in either account for those 3 days then unfortunately you will not meet the requirements if you are relying on those two accounts only.
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Greenie
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by Greenie » Fri Feb 18, 2011 12:11 pm
why didn't you transfer the money directly into your account?
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adam81
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by adam81 » Fri Feb 18, 2011 12:12 pm
i didnt have account? it was expired , i had been in the UK for more 5 years.
Greenie wrote:why didn't you transfer the money directly into your account?
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adam81
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by adam81 » Fri Feb 18, 2011 12:13 pm
and also i was not thinking of going back to the UK , but not i have job offer and i want to get that job.
adam81 wrote:i didnt have account? it was expired , i had been in the UK for more 5 years.
Greenie wrote:why didn't you transfer the money directly into your account?
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adam81
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by adam81 » Fri Feb 18, 2011 12:24 pm
the problem makes mw worried, it is said that it can be possible to not apply for PSW after april , if there is nothing like that , i could wait until it covers to 90 days and then i would apply .
adam81 wrote:and also i was not thinking of going back to the UK , but not i have job offer and i want to get that job.
adam81 wrote:i didnt have account? it was expired , i had been in the UK for more 5 years.
Greenie wrote:why didn't you transfer the money directly into your account?
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Greenie
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by Greenie » Fri Feb 18, 2011 12:25 pm
OK...
The requirements of the rules are that the funds are 'available' to you for every day of the 90 day period.
But...
The policy guidance says that in the case of cash funds held in a bank account, that these need to held in an account in your name
However, as the case of Pankina has established, policy guidance is not law. If you can show therefore that the £2800 + in your brothers account was money available to you then you can argue that you meet the rules.
Some further Qs - I am not trying to interogate you just trying to establish what you need to show
- Is there a clear trail of the funds doing between yours and your brother's accounts?
- can you document this trail?
- Were the transfers immediate/same day or are there any gaps between the statements.
- Can you get your brother to write a letter to confirm that the funds were yours and there was always the intention that he would transfer them back to you?
- Do you have any written correspondence explaining that this was the case at the time (e.g. did you email each other).
can you also prove your relationship with your brother?
I think what you need to do is really frontload your application with all this documentation explaining your circumstances. If you dont have an email trail for example then you can do without that but you definitely need something from your brother.
The problem is that when applying from outside the UK you do not get a right of appeal if you are refused and a jobsworth ECO will probably want to refuse it given that the money has not been held in your name for the 90 days.
Of course your other option is to wait until you have had the funds for 90 days in your new account and hope that you don't miss out on the chance of PSW if they do decide to scap the scheme with little or no transitional arrangments.
Last edited by
Greenie on Fri Feb 18, 2011 12:26 pm, edited 1 time in total.
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jlewisunh
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by jlewisunh » Fri Feb 18, 2011 12:25 pm
is your name on your brother's account? if it isn't, then you cannot apply right now since your name has to be on the account(s) being used. you'll have to wait 90 days.
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adam81
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by adam81 » Sat Feb 19, 2011 10:59 pm
i went to the bank to ask my brother details and I was told that we could change his account as a joint account to use together, and when i will have statement from the bank our both names will be seen on the statement. and there is enough money to cover the required funds in the account. do you think that works?
Greenie wrote:OK...
The requirements of the rules are that the funds are 'available' to you for every day of the 90 day period.
But...
The policy guidance says that in the case of cash funds held in a bank account, that these need to held in an account in your name
However, as the case of Pankina has established, policy guidance is not law. If you can show therefore that the £2800 + in your brothers account was money available to you then you can argue that you meet the rules.
Some further Qs - I am not trying to interogate you just trying to establish what you need to show
- Is there a clear trail of the funds doing between yours and your brother's accounts?
- can you document this trail?
- Were the transfers immediate/same day or are there any gaps between the statements.
- Can you get your brother to write a letter to confirm that the funds were yours and there was always the intention that he would transfer them back to you?
- Do you have any written correspondence explaining that this was the case at the time (e.g. did you email each other).
can you also prove your relationship with your brother?
I think what you need to do is really frontload your application with all this documentation explaining your circumstances. If you dont have an email trail for example then you can do without that but you definitely need something from your brother.
The problem is that when applying from outside the UK you do not get a right of appeal if you are refused and a jobsworth ECO will probably want to refuse it given that the money has not been held in your name for the 90 days.
Of course your other option is to wait until you have had the funds for 90 days in your new account and hope that you don't miss out on the chance of PSW if they do decide to scap the scheme with little or no transitional arrangments.
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adam81
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by adam81 » Sat Feb 19, 2011 11:06 pm
it is our joint account . what happens then ? can i apply for the visa?
jlewisunh wrote:is your name on your brother's account? if it isn't, then you cannot apply right now since your name has to be on the account(s) being used. you'll have to wait 90 days.
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arsenal49
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by arsenal49 » Sat Feb 19, 2011 11:41 pm
if you can show that the x amount was in one of the account(with your name on it) at ALL times for last 90 days... then you satisfy the requirement.... else you dont
cheers
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adam81
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by adam81 » Sun Feb 20, 2011 7:46 am
the money was my British account then I transfered it to my home account, which is joint account with my brother. can i show both statement and apply for the visa?
arsenal49 wrote:if you can show that the x amount was in one of the account(with your name on it) at ALL times for last 90 days... then you satisfy the requirement.... else you dont
cheers
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taha81
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by taha81 » Sun Feb 20, 2011 12:45 pm
adam81
the money was my British account then I transferred it to my home account, which is joint account with my brother. can i show both statement and apply for the visa?
Yes, You can.
Do provide UK bank account Statement and Letter confirming the level of funds of £800
+ Your Home country Joint Bank Account statement (with your Name mentioned in it) and Letter confirming the level of funds of £2800.
Combination of Both, MUST cover the above mentioned Level of Funds for consecutive 90 Days period.
and do include a separate cover letter, which explains How you fulfilling the 'Maintenance Funds' requirement.
Hope this Helps.
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arsenal49
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by arsenal49 » Sun Feb 20, 2011 12:49 pm
was there a gap of even 1 day when the transfer took place.
also, if the date that you transferred your money in joint account is, lets say, 15th July... were you officially joint account holder on 15th july? or you changed that account retrospectively to jont account afterwards?
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adam81
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by adam81 » Sun Feb 20, 2011 4:00 pm
there is a gap I think for 2 days,.
but it is not gonna be seen when i joined to account in the statement ,also i joined account in the same day money arrived .
arsenal49 wrote:was there a gap of even 1 day when the transfer took place.
also, if the date that you transferred your money in joint account is, lets say, 15th July... were you officially joint account holder on 15th july? or you changed that account retrospectively to jont account afterwards?
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Greenie
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by Greenie » Sun Feb 20, 2011 4:07 pm
If there is a gap of two days then you don't meet the requirements.
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arsenal49
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by arsenal49 » Sun Feb 20, 2011 4:28 pm
ok first impressions...
gap is not a good sign....
however, if it is not obvious from the statements.. then you still might get it.. provided caseworker don't go for extra checks...
help us out here... why do you say that there will not be any gap when you join two statements... give us facts here i.e. specific dates as shown on your statements... which 2 days are the problematic days and why you think it wont show up???
cheers
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adam81
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by adam81 » Sun Feb 20, 2011 4:37 pm
because I did withdraw and transfered my all money from British account on 28 january and it arrived to my home account on 1 february. this two days of gap makes me worried , if the regulation says , money must be able to me for 90 days.
arsenal49 wrote:ok first impressions...
gap is not a good sign....
however, if it is not obvious from the statements.. then you still might get it.. provided caseworker don't go for extra checks...
help us out here... why do you say that there will not be any gap when you join two statements... give us facts here i.e. specific dates as shown on your statements... which 2 days are the problematic days and why you think it wont show up???
cheers
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arsenal49
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by arsenal49 » Sun Feb 20, 2011 5:28 pm
so....
what amount is shown on the dates between 29th, 30th and 31st jan on your statement??
if it is NOT super obvious... then you got a chance.....
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adam81
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by adam81 » Sun Feb 20, 2011 5:48 pm
there is no enough money in my both account during
those days , however i have a confirm letter showing the transfer between accounts.
arsenal49 wrote:so....
what amount is shown on the dates between 29th, 30th and 31st jan on your statement??
if it is NOT super obvious... then you got a chance.....
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adam81
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by adam81 » Mon Feb 21, 2011 1:28 pm
so what happens after that?
adam81 wrote:there is no enough money in my both account during
those days , however i have a confirm letter showing the transfer between accounts.
arsenal49 wrote:so....
what amount is shown on the dates between 29th, 30th and 31st jan on your statement??
if it is NOT super obvious... then you got a chance.....
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arsenal49
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by arsenal49 » Mon Feb 21, 2011 4:45 pm
your case is unique and i cant say for sure what will happen....
in general, if amount is less than the required amount on any day between 90-day period... the caseworker is supposed to refuse app..
maybe its time to contact a solicitor regarding your unique situation???
regards