Hope some of the legal minds in here can be of help.

my bf applied for PSW visa based on the new points based system. Initially he was refused due to a problem with fees. After the intervention of the MP, he was granted a second chance to enter a fresh application.
Which he did. He met all other criteria but for the maintenance funds. He had the maintenance funds on his accounts for 3month and 3days before the application, but on the 23rd of Feb thinking that the 3months was sufficient he withdrew the funds and used it for something else. Unfortunately his savings passbook does not end till the 23rd of Feb therefore showing this withdrawal and as he didnt make his application till 9/03 the decision came back last week rejected on grounds on insufficient maintenance funds with no right to appeal. he's been here 6yrs now.

Where to go from here, i don't know. Any ideas please?

thanks

Hi Luxoire!!

That's a very tight situation because unfortunately the people in the home office pay a lot of attention to details like that. But what I want to get clear is was it during the period of his appeal that this happened?

redredwyne:

Hi Luxoire!!

That's a very tight situation because unfortunately the people in the home office pay a lot of attention to details like that. But what I want to get clear is was it during the period of his appeal that this happened?

No, he was never granted an appeal, it has never been to appeal. Due to their error after the first place they granted him the chance to make a fresh application.
This new reply is as a result of the 'fresh application' but he does not have the right to appeal.

luxoire:

Hope some of the legal minds in here can be of help.

my bf applied for PSW visa based on the new points based system. Initially he was refused due to a problem with fees. After the intervention of the MP, he was granted a second chance to enter a fresh application.
Which he did. He met all other criteria but for the maintenance funds. He had the maintenance funds on his accounts for 3month and 3days before the application, but on the 23rd of Feb thinking that the 3months was sufficient he withdrew the funds and used it for something else. Unfortunately his savings passbook does not end till the 23rd of Feb therefore showing this withdrawal and as he didnt make his application till 9/03 the decision came back last week rejected on grounds on insufficient maintenance funds with no right to appeal. he's been here 6yrs now.

Where to go from here, i don't know. Any ideas please?

thanks

sorry to hear that.

l.l.l.l

One of the conditions of the PSW(in-country applications) is to have 'at least £800 in your account at all times over the three-month period'.

Unfortunately , he has been advised he has no right of appeal. I don't think there is much he can do.

I am sorry to say but he had months to plan his application. If you are applying for PSW from within the UK, your account balance must 'SHOW AT LEAST £800 FOR THE LAST 3 MONTHS PRIOR TO THE DATE OF YOUR APPLICATION'.

I know say money no easy but even if na to borrow put inside for the account for 3 months, I go do am! In order not to waste £500 and put your self through emotional and psychological torture, you need to meet all the requirements to the book!

LUXOIRE, depending on your own immigration status, your BF might be able to apply through another VISA category.

Poor bloke!

I recently got to know that my Visa expires on the 1st of Oct instead of Oct 30 like every other colleague of mine, I dont know why mine seems different. My course ought to be for 12 month but instead, I was issued 11 month visa. I graduated just last week and as a result wouldnt be able to meet the 3 month fund maintenance. And all of this was as a result of the 11 mont visa given to me instead of 12 month.

I really dont know what to do as I'm really confused, I dont want to go back to my home country to make the application because that seems to be on the high side.

Can anyone please suggest what I can possibly do?

I'll appreciate any advice, PLS HELP!

The bastard post study maintenance issue
Well does he still have a valid visa cos if he does then he doesn't get a write to appeal because he is expected to re apply
However if his visa has expired then he has no choice but to return to his country
Had he been he had option to appeal he could have taken it to apeal to stage 1 and the upper tribunal pending the appeal he cud make an out of time application that seems to be the only loophole at the moment
Well if his visa has expired its best he returns to his country keep funds for 3 mnths and make new application and he will eventually get his psw visa if not through the application then possibly through administrative review if it is rejected in his home country
If his visa has expired he should notify home office and have an voluntary depature interview he will be issued with removal notice documents note this is not a deportation
If he notifies the home office and leaves within 28 days he doesn't get any ban and he safeguards future trips to uk as he wnt be questioned by immigration as it will all be on record

Pls pardon my bad english I am using my mobile phone and there's very little room for editing

@joxiri

Thank you for such an informative contribution, My visa wouldnt expire unti the 1st of October. So I still have more than 2 month visa. So what would your suggestion be now that you know I have some time left,

U ve 2 mnths left
Have u had 800 pounds in ur acct
If not u re best returning keep 2800 pounds in acct and apply u will be bck in uk in no time
U cud always still wait with funds ve been in acct for 3 mnths but ur visa would expire so u run risk of being rejected
But there's some documentation that says if u apply within 28 days of expiry ur application will be treated as normal
But if u apply 28 days after ur visa expires good chance it will be rejected
Try this website immigrationboards.com or .uk sha
And go psw tier 1 session there are some well informed people there
My friend applied 28 days after visa expired and he got it

@joxiri

I do appreciate that, I'm aware of the website have been reading various posts and have learnt alot. I'm thinking of meeting the MP or Citizen Advice Bureau and ask them for a covering letter having explain my situation to them since I'm voluntaring as an administrator at my local council. I dont know if that wld help anyway just thinking it might.

Do you think I should shedule a premium application (in person) this might give me time to explain my situation to the officer with any covering letter I might receive from the MP or the CAB manager. Although, I have the 800 in my account now, but it wouldnt be up to 90 days rather just 70 days.

I hope I'm nt bothering your with my situation, thanks for your help my brother.

U ve 2 mnths left and u ve not had d funds in ur account am I right
Then ur best option is go bck to your country you could send the money now and open the account in advance so you don't wait too long
Because the whole appeal process is very stressful and u wnt be able to get a job if u are out of work it could last from anywhere between 12 to 18 mnths so I strongly advice u to return to ur country to apply

Luxoire, I dont know if this helps your boyfriends situation. Read through it, there might be a glimmer of hope?

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/july/49-new-policy-guidance-pankina

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/pbs-pol-guid-maintenance.pdf

These came out recently from the home office.

Hi All,

Is it necessary to show source of fund i put in my personal acct to meet the 2,800 pounds requirements (for 3 months) for my Tier 1 application?

*Note: I have a steady flow of transaction in the acount I only want to add more to meet the requirement.

Thanks y'all.

U only need to have the funds in your account for the 3 mnth period you don't need to show source of income

joxiri:

U only need to have the funds in your account for the 3 mnth period you don't need to show source of income

Thanks Joxiri, dont want any ECO poking holes in my application.

Hi all,
I ve been reading you comments here so im hoping someone could help with my situation. My visa application has been refused on the ground that the documents i submitted as evidence of mentainance fund was older than 28days ( i did include internet print out with my details and bank logo on it which was not considered at all) and that the fact that I have not attended university in the last six month meant i did not qualify for reduced mentainance fund on which i based my application. I must admit i got that section wrong cos i thought i was established after 6yrs. I am on post work visa and trying to switch to tier 4. I have been in the country for 6years and i completed my undergraduate studies in the UK without recourse to public fund. I have been given 10days to appeal from the date of my refusal notice which was dated 11dec 2010 and i only received the letter on the 15th of Dec. After reading alot of comments here I am considering reapply instead with fresh evidence but my visa as expired already. I have paid half of my tuition fee (£5,500)and i do not want to lose that and i have a 9month pregnant girlfriend who is British and willing to help, otherwise i would happily pack my stuffs in January and head back home. what should i do.
Is it possible to start the appeal process and then make a fresh application even though my Visa as expired and if so how do i go about it?? Your help will be highly appreciated.
Looking forward to your comments.
Kind regards
Lekside

Right 1st and foremost lakeside its 10 working days from the day you received the letter which would be signposted on the envenlope top right hand corner, and this does not include bank holidays and as we have a few, you still have a while yet
Am I right in assuming you want to switch from psw to student visa

@miz2leke

Joxiri is right, you still have time to appeal, if you have new evidence then go ahead to appeal, though that will take nothing less than 3months to be sorted out or you can send a fresh application.

thanks guys. Yea im trying to switch fro pws to student visa. I have paid for my first semester and I have enough money to pay the balance. I need to drag this as long as i can so i can complete my masters degree in August 2011. Can i claim that i have a sponsor which was not included in my previous app cos my brother as agreed to provide me his company statement of account and a sponsorship letter??

Kind regards
Lekside

oh also, should i go for paper or oral?? I need to drag until at least June 2011.

@ miz2leke

Your deadline to respond starts from the date the letter was written by the Immigration Officer, and surely not the day the envelope was franked by the mailroom staff Shuo

And it will be better you appeal as well as reapply in order not to severe the old ties you currently have. I will advise you quickly get in touch with an OISC registered Legal Adviser who could provide you with half an hour free legal advise or work pro bono. And even if you have to pay the £100 odd consultation fee, it would be money well spent, as you have new information to include such as your pregnant partner's precarious condition, they would also be able to explore the "5 years legal residence" angle with you  


The success rate of oral appeal is always higher as well so you might as well plump for that. If  you intend using your Brother as a co-sponsor, let them know you are financially capable in your own stance but is just adding your Brother as a guarantor.

thank you busy body. I really appreciate ur advice.

Hello,

I am about to submit my PSW application and considering the new issues with immigration law in the UK, can anyone tell me if the degree grade can affect the application. My degree certificate is not ready yet but i have a letter from my institution that meets the requirements set out in the guidance policy. Also, are there any pointers i should take note of, i am applying from within the UK.

Thanks.

Vie:

Hello,

I am about to submit my PSW application and considering the new issues with immigration law in the UK,[b] can anyone tell me if the degree grade can affect the application. [/b]My degree certificate is not ready yet but i have a letter from my institution that meets the requirements set out in the guidance policy. Also, are there any pointers i should take note of, i am applying from within the UK.

Thanks.

As long as you passed your course then u got nothing to worry about, they don't judge you by your degree grade.

@ Justwise.

Thanks. What about visa processing time in view of payment, i want to pay by card so i can tell the date of processing once the money leaves my account, besides the paying by postal order incurs more cost, because of the charges. Secondly, i am including e-statement of my acount which has been stamped by the bank, as the delivered statements do not date up to exactly 90 days. Whats your view?

as long as the estatements have been stamped by the bank then thats fine

Vie:

@ Justwise.

Thanks. What about visa processing time in view of payment, i want to pay by card so i can tell the date of processing once the money leaves my account, besides the paying by postal order incurs more cost, because of the charges. Secondly, i am including e-statement of my acount which has been stamped by the bank, as the delivered statements do not date up to exactly 90 days. Whats your view?

The processing time is 3-4wks, when ur application is received and payment processed u will receive a letter from UKBA then 2-3wks after that your passport will be sent to you.

As long as the e-statement contains all the info. . . name, full address, account details and signed by ur bank then you will be fine OR go to ur bank and request for ur 3months bank statement.