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New AIT decision on maintenance for Tier 1 PSW

07 July 2009

The new AIT Determintation, NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025, rules that an appellant will not be able to rely on section 85 (4) of the 2002 Act in appeals where the appellant didn't have adequate maintenance even if at the time of the appeal he/she were to meet this particular requirement.

The effect of para 245Z (e), read together with Appendix C of the Immigration Rules and closely related parts of the Policy Guidance dealing with Tier 1 (Post-Study) Work, is that, to qualify, an (in-country) applicant must show he or she held £800 or over for each and every day of the period of three months immediately preceding the date of application.

This requirement, however, was relaxed for those who applied before 1 November 2008. Under transitional provisions they were only required to provide a bank statement showing a closing balance of £800 or over bearing a date anywhere within the period of one month immediately preceding the date of application.

Thus, it's very important that if you wish to make an application under the Tier 1 Post Study Work you seek accurate legal advice to avoid any pitfalls and possible refusals.


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