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Denied entry or permission to stay due to funds requirement, seek review

You have time until 22 June to request a review.


 

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26th July 2010: If you have been refused permission to enter or stay in the UK just because you failed to meet the funds requirement of your points-based system application, you can ask for review of the original decision to refuse your plea.

 

For the UK Border Agency has issued new policy guidance following the judgments in the cases of Secretary of State for the Home Department versus Pankina.

 

The guidance affects migrants under all tiers of the points-based system whose applications were refused solely because they failed to meet the maintenance funds requirements, and who unsuccessfully applied from outside the UK between 23 June and 22 July 2010 inclusive; or from inside the UK at a time when they had lawful status in the UK on or before 22 July 2010

 

Elaborating, the UK Border Agency has asserted: `If you have been refused permission to enter or stay in the UK, known as entry clearance and leave to remain, solely because you failed to meet the maintenance (funds) requirement of your points-based system application, you may wish to request a review of your case.

 

`Following the judgments in the cases of Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719, we have put transitional arrangements and remedies in place for migrants who submitted applications abroad for entry clearance between 23 June and 22 July 2010 inclusive; or submitted applications for leave to remain on or before 22 July 2010, when they had lawful status in the UK’.

 

The UKBA has added: `If your application was unsuccessful and submitted within the timeframes, you can ask us to review the original decision to refuse your application’.

 

Giving details of the procedure, the UKBA has asserted: To request a review, you must write to the casework team or entry clearance post which issued the decision. Our policy guidance document out the review criteria and describes the information that you must include when requesting a review. This document will be updated in due course’.

 

Applicants have until 22 June 2011 to request a review.

 

If you currently have a live application with the UK Border Agency, it will be automatically considered in line with the revised policy.

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