PSW Dependant Refused.

[InfoR]

Hello,

I applied as a dependant of a PSW visa holder on the 7th of February 2013. Unfortunately it was rejected on the following reason.

“You have indicated that you and your husband were married on 14th January 2013. You now wish to join your husband in the UK. It is indicated that your husband was granted leave to remain as a tier 1 post study migrant in the UK on 16th August 2012. However there is no information to confirm he has been lawfully present in the UK for a period of 12 months and therefore as an established UK presence. On this basis you therefore require 1800 for your maintenance, to have been available to you for a 90 day period before your application was made. Your own account shows a maximum balance of GBP 1243 during required period. In view of this I am not satisfied that there is sufficient level of funds available to you as specified by Appendix E of the immigration rules 319.C(g)”

I submitted my husband’s Master’s Degree Certificate from the UK institution and other information including passports and biometric card copy. He finished his studies in March 2012 and was granted PSW in August 2012. I was myself on a PSW permit and was working for a bank. I also included my employment letter (which confirmed my position and that the bank wants to hire me again as soon as I return) and six months’ payslips. More so I had been residing and studying in the UK since 2006 and my husband since 2003.

The maintenance money £1243 is currently still held in a UK ISA account. It is an e-account and therefore I had to get the printed statement stamped. The branch manager was hesitant to stamp it initially but eventually after persuasion he stamped it. It was dated 25th January 2013. I just received my decision yesterday and now it’s been more than 31 days. According to UKBA the validity is up to 31 days for statements. And now I’m in Pakistan so I’m not sure how/if they will stamp it again.

My Husband finished his course in December 2011 and Graduated ceremony was held in March 2012. Then he applied for PSW in the UK which was granted in August 2012. Then on 13th September 2012 he left for Pakistan and came back to the UK on the 2nd of November 2012.

Documents I submitted,

1. Passport
2. Our Degrees
3. Marriage Certificate and Photos
4. Husband Passport Copy (Entry Exit Dates not submitted)
5. TB certificate and X-ray from Hospital. (It is not approved by UKBA. There was an oversight on my part and surprisingly there is no mention of it in the rejection letter. )
6. Husbands Bank statements 6 months showing transactions to my account.
7. My own bank statement showing £1243
8. Employment Letter
9. Payslips


I hope you all understand my problem by now and I don’t know what to do next. I’ll break down the problem in questions below.

1. Should I appeal (through ECM) or do a fresh application?
2. How can I prove my husbands had been settled in the UK for the past 12 months (he is not employed but setting up a business)
3. Is there any legal procedure of getting a bank to stamp a statement? For example through a solicitor?
4. If I appeal can the application be rejected on any other ground once the issues have been addressed in the rejection letter? Should I get TB test done from approved IOM Pakistan Office and attach that too with the appeal?

I know it sounds really complicated but ill be very grateful for the help.
Thanks

[bruteforce]

Well, I think they shouldn't have refused you on the basis of reduced maintenance. Even though the PSW was awarded in August 2012, they should have been aware of the fact that PSW is only granted after completing the degree in the UK. In this instance, you also provided the copies of degree certificate. IMO that is what you could do to prove that the main applicant (your husband) had an established presence in the UK apart from stating it down on a covering letter.

Now I don't know how you would change the mind of the ECO if you re-apply and this time mentioning the fact that he has been studying in the UK for 12 months (or more)? If you opt to appeal against the decision, that would surely take few months.

Now about the statement, if you choose to re-apply, you would need a fresh bank statement issued in the last 31 days. You could authorize your husband to get it from the bank and have it stamped, mentioning the previous statements that were stamped.

While you have time now, you should get the TB test done from the required establishment.

If you can show that either you or your husband have £1800 in more than 1 bank accounts then you could re apply straight away.

[InfoR]

@ bruteforce Thanks for your reply.

I know this is very confusing.

I just found out they have not returned my employment letter and some of my statements. Ill try to chase that up for now. Thankfully I took a copy of everything.

Now I am trying to find information regarding "Established Presence" for Tier 1 Permit Holders.

This tag mainly comes up with Tier 4 Visas. I cant seem to find any for Tier 1 Post Study Work.

Could someone please explain this term.

Thanks

[bruteforce]

They will not return your original statements. That is the the policy of UKBA i IMO.

You have established presence if you have been in the UK for 12 months. In your case the main applicant was in full time study.

[InfoR]

They will not return your original statements. That is the the policy of UKBA i IMO.

You have established presence if you have been in the UK for 12 months. In your case the main applicant was in full time study.

Looks like they dont care at the UKBA. We are now using a solicitor to clear things up.

I think we have two options now. We appeal with further evidence and apply all over again after gathering all the required documents.

So there is no one else here who used the lower Maintanance as evidence?

[Momi]

I have no idea why you people apply for visa without fulfilling the requirements. UKBA always stick on their policies. One of my friend PSW was refused last year due to low maintainence fund. He had £798 in his account for 2 days and they didn't even give him the right of appeal.
Hope you will sort this out. You need £1800 next time you re-apply.
Safe