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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Dear Just Answer, I am a South Africa and my Tier 1 extension

Resolved Question:

Dear Just Answer,

I am a South Africa and my Tier 1 extension on a previous HSMP has been refused due to lack of maintenance. It was due to my own ignorance that I was not aware of the 3 month rule and 1/3 months does not comply. The HO said that they could not assess my Ltd Company bank statements (submitted to prove income) to know whether the funds (which exceeds £800) are available to me for maintenance. I think this is as my business statements are addressed to my company name.

I have now obtained a letter from my accountant stipulating that an excess of £800 of liquid assets have been available to me during this period to use as I see fit. Also that I am the sole director and beneficiary of the company. I have also obtained a letter from the bank stipulating the latter, addressed to me as person/company name.

I have not yet appointed a solicitor to assist me. Do you think I have a chance and should I seek legal support?

Thank you for your time.

Kind regards

Jacques
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.

Hi Jaques,

 

Thanks for yoru question.

 

From the information you have provided above, it would seem that you do have a valid argument and that you should submit the Appeal and supporting documemtation in ample time and before any deadline imposed by the Asylum & Immigration Tribunal.

 

It is always worth instructing a Solicitor, however, it is not necessary and you wil be able to submit the appeal yourself.

 

I hope this answers your question. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 4 years ago.
Perhaps I did not elaborate what advice I need from you as all I get from your answer is; ‘It would seem that you have a valid argument and that you should submit the Appeal’ and ‘always worth instructing a Solicitor but you will be able to submit the appeal yourself’. It is and has been my intention to appeal and it’s common knowledge that it is always worth instructing a Solicitor.

Do you have any AIT appeal experience? Any advice on witness statements? Also, the HO has sent me a refusal letter stating I do not have the right to appeal as I have leave to remain. But this is incorrect as my previous 5yr permit, which would have expired Dec 09, has been superseded by the HSMP. They have acknowledged their mistake and will be sending me a letter stating I do now have the right to appeal. The first letter was dated 16 Sept and I have not yet received a new one. What shall I do in that respect?

Apologies if I have misinterpreted the detail of this service.

Regards

Jacques
Expert:  INC replied 4 years ago.

Hi,

 

I do have experience oof Immigration Appeals and teh process invlved and indeed your question was not very clear.

 

With regard to Witness Statements, it is difficult to provide you with any advice without first seeing the Notice of refusal received from the Home Office.

 

If you could provide the exact wording of the appropriate section of teh Notice of refusal, I may be able to assist further.

 

The Just Answer Service is designed to provide general advice without having sight of documentation. If you can scan the appropriate document to:

 

info@justanswer.com

 

Marked for the attention of "Chatham-Chamber" I would be happy to help draft an appropriate statement.

 

Kind regards,

Customer: replied 4 years ago.

Thanks for your response.

 

The wording is as follows;

 

Maintenance Funds

 

"You have claimed 10 points for maintenance.

 

In order to score points in this section we require that you have held £800 continously in the 3 months prior to making your application. We have assessed the Advantage Gold Account and note that you fall below the required £800 from 09 April 2009 until 18 May 2009, 26 May 2009 to 29 May 2009 and also 03 June 2009.

 

We are unable to assess the business current account bank statements as evidence of maintenance as we are unable to determine if the amounts shown are available to you to maintain and accommodate yourself.

 

Consequently the evidence has been deemed insufficient to award points in this section."

 

As stated earlier I am still awaiting the new refusal letter stipulating that I do not have leave to remain and thus have the right to appeal. I suppose I should send a letter to the HO case officer to confirm this. Looking at other appeals I think my ground of appeal would be; "That the discretion under the Immigration Rules should have been exercised differently."

 

With this I will be submitting the letters from the bank and accountant to clarify funds available during the assessed period 9 April 2009 to 9 July 2009. I submitted on 7 August 2009 and visa expired on 8 August 2009.

 

I would appreciate any help with witness statements.

 

I have also added my name to my unmarried partner's account which complies to the £800 rule but the account was thus not shared during the period in question and suppose that would not be suitable.

 

Thanks again! Hopefully I can now click Accept after this!

Expert:  INC replied 4 years ago.

Hi,

 

Thanks for the additional information.

 

From the post above, it would seem you would need to provide evidence that the funds in the company account were and are available for your use. This can be evidenced by a letter from your accountant.

 

You are correct is stating that your witness statement should state that the IO should have exercised their discretion differently, however, you may also wish to introduce Article 8 of the European Conventioon of Human Rights that states that every person has the Right to a Private and family Life without interference from the state.

 

Any Statement that you draft must contain a Statement of Truth:

 

"I believe the facts contained within this statement to be true and to the best of my knowledge and belief" and the statement must be signed and dated.

 

In the statement, you should evidence any points you raise by providing supporting documents as Exhibits. The Exhibits should be marked as:

 

"Exhibit AB 1" and so on, where AB refers to your initials. Use your appropriate initials.

 

If you would like to draft something, I would be happy to look at it for you.

 

Also include the Appeal No and Court at the top of the Statement.

 

I hope this helps.

 

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 2 other UK Immigration Law Specialists are ready to help you

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