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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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i made an application for Tier 1 - Post-Study Work visa but

Resolved Question:

i made an application for Tier 1 - Post-Study Work visa
but i made a miscalculation and instead of dating my application for 30th of may i dated it 26th so i have been refused on the ground that i dont have the finance for the 90 days period required (am 2 days) i have been given a right of appeal but i dont know where to start can you please advice on what to do next?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 3 years ago.

Awan-Legal : Hi
Awan-Legal : Do you mean you had the 90 day funds prior to 30 May but not prior to 26 May? What date did you post the application to the Home Office and did you retain proof of postage?
Awan-Legal : The rules state as follows:
Awan-Legal : (i) the end date of the 90-day period will be taken as the date of the closing balance on the most recent of the specified documents, and must be no earlier than 31 days before the date of application.
Awan-Legal : The Home Office will therefore count backwards from the 90 day period from the last date on your bank balance provided. If you made an error in dating the application, then this should not be a problem so long as you have proof of postage on the actual date it was sent (you should send a copy of the proof with the appeal). If the balance from the date on the bank statements was less over the 90 day period then you may rely on the date of postage and explain the circumstances in your appeal. This should be accepted as the bank statement showing he 90 days from the date of application is a specified document which the Home Office had knowledge of and so you should be able to rely on this.
Awan-Legal : You can obtain assistance with the appeal through the Office of Immigration Services Commissioner (Find an Adviser in your local area) or SRA Find a Solicitor.
Awan-Legal : Please let me know if you require any further clarification of the above. In the meantime, please click accept on my answer. Thanks and kind regards, XXXXX XXXXX
Awan-Legal : Ps it is your choice whether to lodge the Appeal yourself or find a lawyer to help but you may wish to instruct a lawyer who will be able to apply the law to your appeal and advise you fully through the process.
Customer:

no the application was made on the 26th of august but fund was in the account from the 31st of may now the home office says i should have had fund in the account on the 28 and 29th of may

Awan-Legal : The 90 day period would have in fact started from 29 May 2011 in that case. When did your visa expire?
Awan-Legal : If you fall short of the 90 day period, then you will need to make a fresh application showing the 90 day requirement is met as well as the other requirements. If your visa has expired, then you are still entitled to make a fresh application so long as you last held leave as a Tier 4 student and have not previously held a Post Study visa. If your visa has expired, then you will not get a right of appeal if the fresh application is refused. It is important that you check the 90 day requirement is met as well as the other requirements as follows:
Awan-Legal : http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/poststudy/
Awan-Legal : I hope that answers your query. Please let me know if you require any further clarification. Please click accept on my answer. Thank you.
Customer:

what is the best option for me a fresh application or an appeal and yes my visa has expired i sent it out early anyway i need to know if it best to appeal or better to reapply since it an error of miscalculation i still have the fund in the account up till now havent touched it yet

Customer:

thanks

Awan-Legal : I think you should make a fresh application as you are short of the funds. You will not be successful in an appeal if you do not meet the funds. You should put the fresh application in soon. You can appeal but this will only be on discretion and the court are likely tosay that you should make a fresh application. You may be able to argue on discretion that a minor difference of two days should not affect your visa but strictly speaking you do not meet the law. If you do wish to pursue an appeal, you should perhaps instruct a lawyer as this will be based on discretion outside the law. I hope that helps with your questions.
Customer:

finally do i have to have to appeal before make new application?, and since the 31sth of may 2011

Customer:

i have kept my bank balance upto more than required till now i.e i have maintained more than 800£ in my account till now and it still remains , i really need to know if i should appeal first then make the application or apply not appeal but my visa has expired since the 31st of august this year and i only have couple of days more to appeal dont mean to be a pain but am sure u understand my situation thanks

Awan-Legal : That's ok, I am here to help. If you appeal, your expired visa continues until a final decision is made on that appeal (the judge's decision) or until you withdraw your appeal. You can submit an appeal in the meantime to continue your visa and this will give you more time to consider your options. Once you put in a fresh application, your appeal is automatically withdrawn. I would suggest this route as the best option for you, namely to put in an appeal and then submit the fresh application once you are able to do so. You could even wait for the outcome of the hearing (the whole appeal process will take one to two months) and then submit your fresh application if that is dismissed. The only issue with that is that your last course must have been issued within one year and the longer it takes with the appeal and waiting for a decision on your fresh application, this may reduce your time scale of your last course degree/certificate.
Customer: Thanks I will fill in the appeal form and have it fax to them do I need to include my current bank statement do i also need to explain that I miss calculated the date or just leave them to use their discretion?
Customer: I want to accept but it seem that will end the chat so I will wait for ur response before ending the chat thnks
Customer: Am Thinking of faxing so it get there faster
Awan-Legal : You can fax it and that should be fine. Unfortunately, they will not consider your current bank statement as the rules only consider the balance at the date of application and 90 days before that. You can explain about the miscalculation and can even put in your current bank statement just to show that you would have held the money if you had not miscalculated, although they will not take it into account as it post dates the application. Thanking you in advance for the accept and please come back to me in the future if you have any more questions. Thanks.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 3 other UK Immigration Law Specialists are ready to help you

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Awan-Legal
Awan-Legal
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Specialist in immigration law with the highest level of accreditation in this area and with many years experience.