Urgent.... Ground for Appeal!!!

[Grazer1]

Hi

I need some advise on making an appeal against a refusal of Tier1 General visa application (in country)

I was working on a work permit expiring 24th August 09. Unfortunately in June 09 I was made redundant, leaving me 1 month short of qualifying for ILR. I applied to switch from work permit to Tier 1 General, and my visa is refused on the grounds that am not able to show £800 in maintenance funds.

However my redundancy package is more than what is required as maintenance funds, and is more than sufficient to cover my expenses for an year without any recourse to public funds.

The Tier 1 guidance notes state the below WRT Maintenance Funds

Maintenance requirement – all applications

197 One of the requirements of Tier 1 is that an applicant coming to the United Kingdom must be able to support himself/herself for the entire duration of his/her stay in the United Kingdom without use of public funds (benefits provided by the state). An applicant who is unable to support himself/herself could face financial hardship because he/she will not have access to most state benefits.

198 In order to qualify for entry clearance, or leave to remain under Tier 1 an applicant must show that he/she has enough money to support himself/herself. The maintenance requirements are detailed below:

Applicants outside the United Kingdom seeking entry clearance must have at least £2,800 of personal savings which must have been held for at least three months prior to the date of application.

Applicants in the United Kingdom seeking further leave to remain must have at least £800 of personal savings which must have been held for at least three months prior to the date of application

The exchange rate of overseas currency will be made using the OANDA rate conversion on the date of application. www.oanda.com

199 Applicants may want to check the potential costs of living in the United Kingdom. If an applicant does not expect to get any income from his/her work in the United Kingdom after the first month, he/she may want to check that he/she has enough money to support himself/herself and any dependants.

I don't satisfy the £800 requirement but I do have enough money to support myself and I can demonstrate that.

My question is can this be considered as ground for appeal to exercise discretion because the rationale of the logic is to demonstrate an applicant has sufficient funds to cover himself/herself, and maintaining £800 is just one way of demonstrating that ability.

My deadline to appeal is 10th Sept 09, so any advice on this would be really helpful.

Regards

[push]

Hi

I need some advise on making an appeal against a refusal of Tier1 General visa application (in country)

I was working on a work permit expiring 24th August 09. Unfortunately in June 09 I was made redundant, leaving me 1 month short of qualifying for ILR. I applied to switch from work permit to Tier 1 General, and my visa is refused on the grounds that am not able to show £800 in maintenance funds.

However my redundancy package is more than what is required as maintenance funds, and is more than sufficient to cover my expenses for an year without any recourse to public funds.

The Tier 1 guidance notes state the below WRT Maintenance Funds

Maintenance requirement – all applications

197 One of the requirements of Tier 1 is that an applicant coming to the United Kingdom must be able to support himself/herself for the entire duration of his/her stay in the United Kingdom without use of public funds (benefits provided by the state). An applicant who is unable to support himself/herself could face financial hardship because he/she will not have access to most state benefits.

198 In order to qualify for entry clearance, or leave to remain under Tier 1 an applicant must show that he/she has enough money to support himself/herself. The maintenance requirements are detailed below:

Applicants outside the United Kingdom seeking entry clearance must have at least £2,800 of personal savings which must have been held for at least three months prior to the date of application.

Applicants in the United Kingdom seeking further leave to remain must have at least £800 of personal savings which must have been held for at least three months prior to the date of application

The exchange rate of overseas currency will be made using the OANDA rate conversion on the date of application. www.oanda.com

199 Applicants may want to check the potential costs of living in the United Kingdom. If an applicant does not expect to get any income from his/her work in the United Kingdom after the first month, he/she may want to check that he/she has enough money to support himself/herself and any dependants.

I don't satisfy the £800 requirement but I do have enough money to support myself and I can demonstrate that.

My question is can this be considered as ground for appeal to exercise discretion because the rationale of the logic is to demonstrate an applicant has sufficient funds to cover himself/herself, and maintaining £800 is just one way of demonstrating that ability.

My deadline to appeal is 10th Sept 09, so any advice on this would be really helpful.

Regards

You can not appeal against the decision as such, as your application did not comply with the rules. What you are challenging is the rule itself. I would advise seeking legal advice in this case.

[confusedhsmp]

I remeber there was a concession out early this year for work permit holders where if you are are short of your ILR by max 4~6 months and have been made redundant, your application would be considered. Now this is something I was told by someone. You might still need to confirm. I will do aswell and post here if i find anything relevant. My only fear is you might be out of rules by now.

[push]

I remeber there was a concession out early this year for work permit holders where if you are are short of your ILR by max 4~6 months and have been made redundant, your application would be considered. Now this is something I was told by someone. You might still need to confirm. I will do aswell and post here if i find anything relevant. My only fear is you might be out of rules by now.

Are we discussing ILR here. Perhaps I missed something?