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Appeal the decision as you held the money for 90 dayshham1224 wrote:I Tier 1 psw is refused on the funds on 31/03/2011. It was due to my mistake as the original bank statement was fine 90 days from 12 Nov to 19 feb 2011 (statement ending date), but i sent the online printout ALONG with the original bank statement but that online printout was upto 21 feb 2011 and the ending balance on the printout was £19.
However up to 19 feb 2011 I have £1600. Somebody told me that FUNDS MUST BE HELD UP TO DATE OF APPLICATION which is 28/02/2011.
Please can someone help, as I dont have any other account nor any in my home country.
No by mistake I sent the online printout along with the original statement with out any stamp of the bank. My bank statement is fine 90 day period ending no more than one calender month from the date of application. the ending balance as per my original bank statement is £1690.20 as at 19/02/2011. the online printout which i sent was up to 21/02/2011, this is the date which home office took. The balance on 21/02/2011 was £19.31. I didnt know that i should have held the funds up to the date of application not to the date of bank statement. What can I do, my hearing is on 23/05/2011. Please help.terriblescream wrote:Appeal the decision as you held the money for 90 dayshham1224 wrote:I Tier 1 psw is refused on the funds on 31/03/2011. It was due to my mistake as the original bank statement was fine 90 days from 12 Nov to 19 feb 2011 (statement ending date), but i sent the online printout ALONG with the original bank statement but that online printout was upto 21 feb 2011 and the ending balance on the printout was £19.
However up to 19 feb 2011 I have £1600. Somebody told me that FUNDS MUST BE HELD UP TO DATE OF APPLICATION which is 28/02/2011.
Please can someone help, as I dont have any other account nor any in my home country.
The degree was awarded on 21/02/2011 ACCA, I have decided case in which ACCA was granted PSW on 24 Nov 2010. My solicitor told me that there will be no problems for your qualification, only your funds will have problem which i mention below.Greenie wrote:you should have the funds for a 90 day period ending no more than one month before the application. you also need the funds on the day of the application although in reality they don't check this as you are only required to send evidence of the funds for 90 days ending no more than a month before the application. If you send statements for a period of longer than 90 days they will look at the closing balance/latest date on the statement. In your case it therefore sounds like your application was refused correctly.
When does your visa expire? When were you awarded your degree?
I didnt know that the funds must be held to the date of application as i dont have up to date of application i.e. 28/02/2011. I have funds upto 13/11/2010 to 19/02/2011 which is no more than one calender month from the date of application. This is written in the policy guidance and I didnt find anything in the guidance which says to the date of application as i again read it. This is in the immigration rules. I didnt read the rules only i read the policy guidance before applying. Please help!!terriblescream wrote:Appeal the decision as you held the money for 90 dayshham1224 wrote:I Tier 1 psw is refused on the funds on 31/03/2011. It was due to my mistake as the original bank statement was fine 90 days from 12 Nov to 19 feb 2011 (statement ending date), but i sent the online printout ALONG with the original bank statement but that online printout was upto 21 feb 2011 and the ending balance on the printout was £19.
However up to 19 feb 2011 I have £1600. Somebody told me that FUNDS MUST BE HELD UP TO DATE OF APPLICATION which is 28/02/2011.
Please can someone help, as I dont have any other account nor any in my home country.
next step wrote:I had a similar situation when i applied for my PSW. It was refused because i submitted a bank statement with 'too much' information. Rule of thumb, if u dont need the HO to see it, then dont show it because they are looking for any reason to disqualify ur application. I had to get a solicitor, provide the 'relevant' bank statement (no more than a calendar month before the date of ur application) and illustrate that there was an err in the law based on the judge's decision. So if u have a solicitor and u have proof that u had sufficient funds for the relevant period, u have nothing to worry about. In my case, I had to make two appeals at the end of it all, but the HO finally realised that they had no case against me and hopefully this will be ur verdict too
p.s. ur account balance on the date of ur application is irrelevant as far the policy guidance states. All u need is the 90-period no more than one calender month prior to ur application. Good luck!
What you have done, was to prove to the Home Office that you are in breach of this requirement. Usually you don't have to prove this, but you have actually given them documentary evidence that proves that you don't have the funds!!!!Immigration Rules Appendix C 1A wrote:(g) Where the applicant is applying as a Tier 1 Migrant, a Tier 2 Migrant or a Tier 5 Migrant, the funds must have been under his own control on the date of the application and for the period specified in (b) above;
If i knew this I shouldn't giving the evidence. Please tell me what should I do. I have another account and have sufficient funds in it from sep 2010 to may 2011 more than £800. Can I use that evidence in the court.mulderpf wrote:What you have done, was to prove to the Home Office that you are in breach of this requirement. Usually you don't have to prove this, but you have actually given them documentary evidence that proves that you don't have the funds!!!!Immigration Rules Appendix C 1A wrote:(g) Where the applicant is applying as a Tier 1 Migrant, a Tier 2 Migrant or a Tier 5 Migrant, the funds must have been under his own control on the date of the application and for the period specified in (b) above;
Yes, as is indicated by the statement you quoted.hham1224 wrote:In addition to to this, Mr Green the immigration minister has given a ministerial statement that from 23/05/2011 tribunals will no longer accept the new evidence regardless when the appeal was made. Am I affected by this.
I have submitted my papers on 17/05/2011 and my hearing is on 23/05/2011, Mr Green gave statement on 19/05/2011 and is applicable from 23/05/2011, Can I still be affected?sushdmehta wrote:Yes, as is indicated by the statement you quoted.hham1224 wrote:In addition to to this, Mr Green the immigration minister has given a ministerial statement that from 23/05/2011 tribunals will no longer accept the new evidence regardless when the appeal was made. Am I affected by this.
My appeal was heard today and by the blessings of Allah it was Allowed. The judge only took 10 mins and gave the decision instantly.mulderpf wrote:In your own words: "regardless of when the appeal was made" - that means, whether you are making it now or in a week, that is the new rule. I don't think anyone can make it any clearer for you.
If you have funds you can show, then apply again showing the correct funds.