Need Help Urgently, PSW rejected due to NON mintance of fund

[Riffat]

Dear all,

Need Help. I come on student visa and finished masters Degree this March 2009. My leave to remain Expired on 31 of May 2009. I applied PSW on 29th of May as my initial application however, in my bank statement, I had 800 pound on 12 of March means I was short of Statment for 15 days already. On 19 March due to direct debit my balance got lower to 797. I found out on 3rd of April and deposited 200 pound more. When I applied i didnt know that sum of 800 should be in account for period of 90 days so i didn't write to UKBA again. I got my rejection letter on 1st July and given right to appeal till 16 of July 2009.

however My account is maintained form 3rd April 2009 till today with 800 pound.

So far I spoken to 3 different solicitor and all are given me different advices and charging with kind of money i cant offered.

i want to find out.

1, If i appeal what would be the ground as the appeal letter which HO provide i dont fall in to any criteria so should I just make it up and appeal for sympathy as solicitor suggestion.

2, After appeal can i apply for again as fresh application (as per one solicitor i should appeal and fresh apply on same day, if they will reject the appeal they will issue me visa on fresh application. Also Can i apply walk in?

3, I dont have any other account here or back home to support that i ever had money. however I have one joint account which has become joint in month of May 2009 and have sufficient balance.

4, If I dont appeal and go back home, and re apply form there for PSW and show i have maintained 2800 in my uk account for last 3 months is it possible and how much are chance of rejection ... (one solicitor said immediate rejection if you don't appeal and freshly apply orm home country.

Kindly any one help me with it since I cant offered to pay to solicitor and they making me confuse.

also provide me with draft what should i write down in apeal form in G section.

[ash786]

Can you explain that which statement you provided with the application.

Statements from :
Statemenst to:

If you supplied the statements which were short in the 1st palce then u will be able to say that u did not have that statement at the time of the application cuz bank did not issue the statement. So y can submit the statement now as u have received it to cover the 90 days. U can not introduce new evidence outside that period unless judge show som sympathy. U can always go bak and apply from home within 12 months of obtaining the qualification and show a balance of £2800. I wud say go for the appeal and just write that u did not have that statement at the time and now u can provide it but u will have to make sure that those statements have £800 and if its short u appeal wil be rerfused.

[ash786]

Dear all,

Need Help. I come on student visa and finished masters Degree this March 2009. My leave to remain Expired on 31 of May 2009. I applied PSW on 29th of May as my initial application however, in my bank statement, I had 800 pound on 12 of March means I was short of Statment for 15 days already. On 19 March due to direct debit my balance got lower to 797. I found out on 3rd of April and deposited 200 pound more. When I applied i didnt know that sum of 800 should be in account for period of 90 days so i didn't write to UKBA again. I got my rejection letter on 1st July and given right to appeal till 16 of July 2009.

however My account is maintained form 3rd April 2009 till today with 800 pound.

So far I spoken to 3 different solicitor and all are given me different advices and charging with kind of money i cant offered.

i want to find out.

1, If i appeal what would be the ground as the appeal letter which HO provide i dont fall in to any criteria so should I just make it up and appeal for sympathy as solicitor suggestion.

2, After appeal can i apply for again as fresh application (as per one solicitor i should appeal and fresh apply on same day, if they will reject the appeal they will issue me visa on fresh application. Also Can i apply walk in?

3, I dont have any other account here or back home to support that i ever had money. however I have one joint account which has become joint in month of May 2009 and have sufficient balance.

4, If I dont appeal and go back home, and re apply form there for PSW and show i have maintained 2800 in my uk account for last 3 months is it possible and how much are chance of rejection ... (one solicitor said immediate rejection if you don't appeal and freshly apply orm home country.

Kindly any one help me with it since I cant offered to pay to solicitor and they making me confuse.

also provide me with draft what should i write down in apeal form in G section.

Hav a look at this case which is similiar to yours but he had £800 all time.



http://www.immigrationboards.com/viewtopic.php?t=40966

[wait]

IF U CAN SHOW THAT U HAD £800 IN UR ACCOUNT 4 LAST 3 MONTH PRIOR TO APPLICATION THEN IT WUD BE OK OTHERWISE I DONT THINK THEIR R MUCH CHANCES IN MAINTAINES ALSO U CAN SHOW ANY JOINT ACCOUNT IF THERE WAS £800 IN EITHER OR BOTH ACCOUNTS.ALSO IF U GO BACK U CAN USE HOME COUNTRY BANK STATEMENT THERE IS NOT ANY REQUIREMENT THAT U NEED 2 SHOW UK BANK STATEMENT AS LONG AS U GOT £2800 FOR 3 MONTHS IN UR BANK ACCOUNT,THEY CANT REFUSE WHATSOEVER AND THE SOLICITOR WHO TOLD U THIS THING I CAN ONLY SAY HE EVEN WAS NOT SURE ABOUT THE IMMIGRATION RULES. GOOD LUCK

[Riffat]

Statement Form: 12 March to 29 May (Persoanl Account)

I had not provided joint account statement since it show that account was only being joint in month of April.

so in this case can i show old statement of joint account but it would show the date of joining the account ????

Can you explain that which statement you provided with the application.

Statements from :
Statemenst to:

If you supplied the statements which were short in the 1st palce then u will be able to say that u did not have that statement at the time of the application cuz bank did not issue the statement. So y can submit the statement now as u have received it to cover the 90 days. U can not introduce new evidence outside that period unless judge show som sympathy. U can always go bak and apply from home within 12 months of obtaining the qualification and show a balance of £2800. I wud say go for the appeal and just write that u did not have that statement at the time and now u can provide it but u will have to make sure that those statements have £800 and if its short u appeal wil be rerfused.

[wait]

u can show that but it shud be between 12 march to 11 may or 4 safe ide if u had £800 in ur account since march 1 u can show that or in appeal u can send them statement from 12 march to 11 may and hope 4 best and depends on judge wheather u ll allowed this or not

[wait]

also dont forget to include covering letter when make new application or even in appeal u can make ur grounds on these basis that u did not have bank statement which cud show that u had £800 in ur account for the required period b/coz i received it after applied visa and in the confirmation letter from ho they mentioned that i shud not provide any documents other than ask by the case worker i think if u r able to show that u had £800 for 3 months u wud have good chance to wn ur appeal

[vinata]

I would recomend you to go to the appeal first. However, since you were short by £3 between 19 March and 01 April, your chances to win the appeal are pretty small.

The rules say you are only alowed to introduce new evidence to the judge which covers the period in question (ie. 19 Mar - 01 Apr). You can try to percuide the judge that you have maintained the required level of funds once you have found out about this rule, but it is unlikely, this argument would be accepted.

However, it is almost necessary for you to appeal, as in this way you could show to the HO that you did made an attempt, but unfortunatelly failed. Therefore, you went backhome and reapplied from there. This would look more credible in the eyes of the HO, and provided you maintained £2,800 for the three month prior to your new application, you should get your PSW visa in the end.

[Riffat]

also dont forget to include covering letter when make new application or even in appeal u can make ur grounds on these basis that u did not have bank statement which cud show that u had £800 in ur account for the required period b/coz i received it after applied visa and in the confirmation letter from ho they mentioned that i shud not provide any documents other than ask by the case worker i think if u r able to show that u had £800 for 3 months u wud have good chance to wn ur appeal

I only had money after 12 March before this no money in any account back or forth.... What I m getting from all the responces that i should apeal so atleast i gain time. if get to hearing (which i dont have any idea how long it would be). fight my case and if got reject go home. putting a fresh application in my case is a big question.

[wait]

ya thats better choice 4 u but in the meantime just open up an account back home in case and try 2 maintain £2800 balance in that account

[Riffat]

I would recomend you to go to the appeal first. However, since you were short by £3 between 19 March and 01 April, your chances to win the appeal are pretty small.

The rules say you are only alowed to introduce new evidence to the judge which covers the period in question (ie. 19 Mar - 01 Apr). You can try to percuide the judge that you have maintained the required level of funds once you have found out about this rule, but it is unlikely, this argument would be accepted.

However, it is almost necessary for you to appeal, as in this way you could show to the HO that you did made an attempt, but unfortunatelly failed. Therefore, you went backhome and reapplied from there. This would look more credible in the eyes of the HO, and provided you maintained £2,800 for the three month prior to your new application, you should get your PSW visa in the end.

Thanks Vanita: Now one more thing, I want to appeal but cant find any solicitor who i feel confidant about and they are quite expencive as well... any recommendation plz

[vinata]

I have sent you a private message. Have a look at your email.