Application refused due to insufficient maintenance

[sadhukar]

Hi Immigration Board,

I made an application for extending my Tier 4 visa as I've enrolled in a master's course back in September. Today (yes, almost 6 months later...) I find out that I got rejected because the bank statements I sent showed I have the minimum funds (a whopping 21,100) for only 19 out of the 28 days. This is because I asked my parents for another 10k to bring my total above the minimum, but alas I sent the application too early when I should've waited another 9 days before asking for my bank statements and sending off the application.

What are my options? I went to a private solicitor and was advised to appeal. My case would be under the judge's discretion but provided that I provide documents which show I'm doing well in my course (I am on track to receive a Merit) and that I've paid the uni fees (I have receipts) then the judge would be likely to rule in my favour.

Another option is to leave the country and re-apply from home, however I've read that I will be banned for 1 year as my old student visa expired on the 10th of October, 2012 and thus I will be treated as an overstayer. However, I have a pending application for this entire time and I have only just learnt about my rejection (its effective date is 8th March, and I have 10 working days to decide before being deported). The 1 year ban will obviously be very problematic for me as I haven't finished my Masters course yet. Is this true?

Lastly, my friend (who did law at LSE) told me that I should send in another in-country application, but I don't know if this is possible since a) I've already made an application(can you do another if the first has been refused?) b) the letter said if I don't appeal I will be removed from the country and c) my leave to remain has expired since my student visa has expired since October.

Can you please help? I will gladly pay for any face-to-face consultation if need be.

Thanks in advance!

[bruteforce]

When is your course ending? The reason I am asking this is if you only have 2-3 months left in the course then you should lodge an appeal as it will take some time to decide and in the mean time you can finish your course. The chances on your appeal are very slim as you did not meet the requirement on the date of application. I dont expect the judges to be that lenient to be honest.

If you decide to leave the country and re-apply from home country, the only thing that you should be considering is, will your university allow you the break to go back and re-apply? As long as you leave the country within the time period given to lodge an appeal, you will be fine. While your application was being decided, your existing leave was already extended under the rules. You are still legally in the country until the date written on your refusal notice or if you lodge an appeal then until you get the decision.

You can always mention the date of refusal and the date you left the country if you decide to apply from home country. Hope this helps.

Regards

[sadhukar]

hi bruteforce, thank you for your reply!

My course finishes in September, however I have exams in May, after which I will need to complete a Master's thesis before 30th August 2013. I just really do not like the timing of things!

If I appeal, then I absolutely must hope that it lasts past my exams, otherwise I will have to abandon them mid-way. I'm 99% sure that this counts as an extenuating circumstance (what can you do if you can't be there legally to take the exam?) so I will have the option of resitting the exam, however it's not an outcome I would like since I have a job offer starting in september.

Another point - the firm I have a job offer with is currently doing background checks on me to see if I am legible for a work permit. Will this adversely affect it?

[bruteforce]

No one can predict the time of appeal process.if you cannot take a break and apply from your home country then I think you should avail. Even if your appeal is dismissed, you could go furthur and contest that in the proper forum only to finish your studies etc.

If your potential employer is using the 'ukba employer checking service' then I guess they will come to know that your leave has been expired and you do not have permission to work in the UK.

Regards