Immigrationboards.com

[layman]

[Lucapooka]

I agree that it's clumsy prose. There must still be enough funds for each family member means they must be still be funds for each (any) family member who applies later. A family member can't apply without maintenance.

It will help your understanding if your read the rules rather than the guidance. There are no joint applications and therefore there is, effectively, no joint maintenance requirement. Each individual application carries its own individual maintenance whether the applications are made at the same time or not. Maintenance for the PBS migrant and maintenance for the PBS dependant. Where other family members are not making an appliction, only the family member who is making an application needs to show their individual maintenance for that individual application.

[layman]

LP,

I do not agree. We should have continued here;

I have copied the following from one of my responses here with some modifications/additions

Clause 46 of the guidance document says,

If the same Tier 1 Migrant and his family had been present in the UK for two years, they would
require evidence that they held £2700 (£600 x 3 = £1800 + £900) in available funds

This is straightforward since this is for dependant applications at the same time as main applicant

Clause 47 says

If a family member applies separately from the Tier 1 Migrant, there must still be enough funds
to support each member of the family. Therefore in the example above, if the family has a third
child, the main applicant has been in the United Kingdom for two years and the family applies
for leave to remain for the third child separately, they must provide evidence that they have an
additional £600 in available funds.

To me, it suggests that maintenance needs to be shown for the entire family staying in the UK and not only for the number of applicant(s), especially when applying for dependants separately.

If not so, people could potentially send separate applications for dependants(on different days within a week) with bank statements from the same bank account of the main applicant(one original, one print out + stamp, one duplicate, etc) and show that they satisfy maintenance requirements with just £900/£600 balance for 3 months. Just because members of the same family are applying separately within days(as opposed to same day applications together) how can the maintenance fund requirement change so drastically?

If that is the case, then I see it as a glaring loophole in the process.

Having said that, I do acknowledge that there have been many cases where application was successful with just the maintenance for the particular dependant(ie £533/£600 for > 12 month) and personally do not know any case where it was rejected. Whether that can be taken as a precedence or not is up to the individual applicant.

[layman]

Having read the Immigration Rules here ,


Appendix E - clause l says

(l) Where the application is one of a number of applications made at the same time as a partner or child of a Relevant Points Based System Migrant (as set out in paragraphs 319A and 319F) each applicant, including the Relevant Points Based System Migrant if applying at the same time, must have the total requisite funds specified in the relevant parts of appendices C and E. if each applicant does not individually meet the requirements of appendices C and / or E, as appropriate, all the applications (the application by the Relevant Points Based System Migrant and applications as the partner or child of that Relevant Points Based System Migrant) will be refused.

So the portion in bold could imply - excluding the Relevant Points Based System Migrant if not applying at the same time

That raises doubts on what exactly UKBA is trying to say regarding maintenance funds when dependants apply separately.

Hopefully by now people would have sufficient information to make their own decisions on this.

[Lucapooka]

Unfortunately you are wrong. An individual application made individually by a PBS dependent (where the other family members are not applying at the same time) does not need to be supported by maintenance for other dependants or the PBS migrant, in addition to the maintenance for the actual application that is under consideration. It's really as simple as that!

If I'm wrong about this you can expect (and I would hope) that moderators and others members with particular knowledge on these issues will quickly challenge my view. I don't expect that to be happening.

[ups]

[layman]

Thanks ups. I have read the sticky before.

The confusion is reading in conjunction with Clause 47 of the guidance and the way main applicant + dependants applications can be made to satisfy the criteria with just £900/£600(for > 12 months) or £1800 (for < 12 months) with the same set of statements.

[varghesejim]