Tier 1 Refusal,Switching from student to work permit,Help PL

[didy]

Hi all,

I applied for Tier 1 on 23rd of Dec 08(switching from student to work permit),i put my baby as my Dependant, and i put my partner's bank statement to show for my baby s maintainance.

I got all the points needed(100 points)except for maintenance=0.i have more than £800 for 3months.

They said they cannot asses my partners bank statement because he is not a dependent of my application,so they refused my application.

But in the guidance and policy, they said if the other parent is legally living in Uk, he can provide his or her child provided he/she can show evidence.

As a student, i still have leave to remain in uk which means no appeal,and i am in country which means no review.

Can someone give advice please.

[yasa]

Hi all,

I applied for Tier 1 on 23rd of Dec 08(switching from student to work permit),i put my baby as my Dependant, and i put my partner's bank statement to show for my baby s maintainance.

I got all the points needed(100 points)except for maintenance=0.i have more than £800 for 3months.

They said they cannot asses my partners bank statement because he is not a dependent of my application,so they refused my application.

But in the guidance and policy, they said if the other parent is legally living in Uk, he can provide his or her child provided he/she can show evidence.

As a student, i still have leave to remain in uk which means no appeal,and i am in country which means no review.

Can someone give advice please.

can u quote the original words from guidance with page no etc

[yasa]

If your partner is not your dependent then how come it is possible ? What about your own maintenance.. is it done by u or your partner?

[didy]

I have my own maintenance for 3months,the application is made me not my partner.
I do not think my partner must be my Dependent,or do you think so?
i only used his bank statements for his baby which is in the guidience and policy for Dependants

[didy]

I have copied and pasted the section on page 11 in the Dependant policy below,it clearly showed that for a Child ,the other can provide evidence to cover the child's maintenance


Evidence for applications made under Tiers 1, 2 and 5
The documents required by appendix E 75. of the immigration rules are specified below.

Personal bank or building society i) statements covering the three-month period immediately before the application. The personal bank or building society statements should clearly show:

the name of the main applicant and/or the • family member making the application, or (for children only) the name of the other parent who is also legally present in the United Kingdom; [/u]

[umeshsethi]

I have copied and pasted the section on page 11 in the Dependant policy below,it clearly showed that for a Child ,the other can provide evidence to cover the child's maintenance


Evidence for applications made under Tiers 1, 2 and 5
The documents required by appendix E 75. of the immigration rules are specified below.

Personal bank or building society i) statements covering the three-month period immediately before the application. The personal bank or building society statements should clearly show:

the name of the main applicant and/or the • family member making the application, or (for children only) the name of the other parent who is also legally present in the United Kingdom; [/u]

HI , note that this is the dependent guidance - and you say you are applying for tier 1 general ? So you can show baby's fund using your spouse (and that too if you are able to prove you are married or in a civil relationship) and that the child is his and your son. But , AS A MAIN APPLICANT - you cannot use dependent funds to show as your maintenance funds.

A dependent may show main applicants funds for showing his maintenance funds but not vica versa.

Regards
Umesh Sethi