Got my refusal on 28th june but no passport ???

[djarian]

hi guys

got my refusal on 29th june 2012 on the basis of maintenance ground but they haven't send my my passport or any other original documents, I have been recommended by my lawyer and UKBA staff that I can make fresh application but what about my papers they still with UKBA how can I pull my papers from them and then submit fresh application??? or I just send them my fresh application without any documents as assuming they already got my documents whats going to happen please kindly can someone please reply to my post as I have got only 3 days left

Thanks

[noorali26]

hi could you send the refusal about maintenence and dont wori about your documents ukba saved your documents and second thing is do you have a right of appeal or not ?

[djarian]

Yes I got right to appeal but I know it won't get it on appeal

[noorali26]

can you tel me what the refusal is ?

[djarian]

can you tel me what the refusal is ?

its refusal stating i didn't score any points for maintenance grounds. i sent additional documents but they didn't consider them as they were sent later after date of submission.

[Deviser]

They should send all documents and passport with refusal. Call them on the number given in refusal letter and ask them to send you documents.

[geriatrix]

Hi Tuliprose

I read your post on forum which you made on 28th march 2012, your story has really inspired me as you never accepted defeat and won at the end.
I am in a dilema at the moment and here in UK since 2003 been to a really good university to do my BSC(Hon) and a placement in italy.

In 2009 I applied for my PSW but my application was refused on maintenance grounds as I was short of few days. I kept maintaining the money throughout the period while my application with home office and further on. I was given a Right to appeal so I went to the tribunal with my appeal ( I also need to mention that my wife was in the last trimester of her pregnancy ) we were expecting our first baby at that time.Judge had sympathies with our situation but said he can't do any thing about the rule. At the same time UKBA solicitor talked to us after the appeal and said just make a fresh application. We did the same and got our visa.

Now its ironical but I am in a similar situation again. While I was on my PSW visa I was looking for jobs and eventually found one. Company was absolutely fine to sponsor me and did apply for sponsorship licence which they got but when it came to increase my salary (slightly) I was told off last minute. from there on I only had 18days to make a decision I was maintaining my funds as per the requirements of Tier2 visa which was £1866 for the last 3 months.

What I did next got admission in MSC in very good university publicly funded and paid 50% of my fee and arranged another 20K by 5th of March 2012. and submit my application to UKbA in time on the 16th March before expiry of my current leave to remain which was 18th March 2012. In the meanwhile I sent them my current bank statements twice which they have acknowledged but didn't took them into consideration even it was their before they made the decision and have stated that in covering letter of my refusal.

I am going for a fresh application as there is no chance of appeal to be allowed. Most awful thing is UKBA hasn't returned my passport and they are still holding it. I spoke to different ppl in home office and they all have given me different answers. Some said u can appeal OR go back to your country as your last two options. Some have said you can make a new application without your documents using home office reference no. Can you guide me what you did last time when you put your fresh application in. Did u had your passport with you or you just used HO reference no. I m thinking of asking university to make an application on my behalf to the university. do u think thats a good option. Also did u send any covering letter explaining you situation when u made a fresh application?

I really need sum guidance at this crucial time and i think u can be one of the best ppl to advise as u have been there .


Kindest Regards


djarian

[djarian]

They should send all documents and passport with refusal. Call them on the number given in refusal letter and ask them to send you documents.

Thank you Deviser, I called UKBA today and spoke to 3 different people all gave me different answers now first one said " you can do fresh application and add your current Ref number as UKBA still got your papers"

second one said " you can not make fresh application and if you voluntarily leaving the country then they will send my papers to Airport"

Third one said " you can make fresh application but you need to have all your papers with your before you make one and gave me reference numbers as home office send me those documents Via second class but later they pulled my decision papers back and send me replacement cover note and stuff but they are still keeping my papers. she gave me a fax number and royal mail Reference of the post which was called back by UKBA.
She said I can ask UKBA by sending a fax and quoting the reference number that where are my papers but you can imagine UKBA replying to my fax quickest will take at least 2 weeks but I need to make decision in this week.

I am going to see my university tomorrow to get my new CAS and any supporting letter I can get from my department about my attendance and current grades.

I need some guidance here please can someone please help me with their detail answer as I have send one earlier.

" Sorry sushdmehta I am a bit desperate and due to all the stress I ended up sending multiple posts, will be careful in future". can you please give me your useful advice on my situation as well.

Ta

[Deviser]

I think, generally, all three guys are saying the right things. This is always happened when anybody contact UKBA about any visa matter. The reason behind this, in last 2-3 years immigration laws changed so frequently and caused confusions for everyone.

I will strongly recommend you to consultant a good immigration lawyer at this stage. However, your case is not very complicated but you are near to complete your ILR period, so UKBA guys will try their best put you in difficulties or to through you outside UK by 'anyway' as seen in many other cases like yours. So the best thing is hire a good immigration lawyer to tackle all this matter with peace of mind.

[vinny]

can you tel me what the refusal is ?

its refusal stating i didn't score any points for maintenance grounds. i sent additional documents but they didn't consider them as they were sent later after date of submission.

See also 21.

[djarian]

Hi Vinny

Thanks for your reply, Yes I can try my luck with an Appeal but if that get rejected then I need to make a fresh application which means all new rules going to apply as well. I can meet all the criteria now apart from this 5year rule for Student on a degree level course.

My question is, will that rule apply on me as I finished my bachelor degree in oct 2009 and tier 4 point based system came after that. now i am already studying Masters degree course in University. ???



thanks