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Only 85 days on Fund Maintenance - Need your advice

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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amit23
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Posts: 13
Joined: Tue Jul 27, 2010 6:28 am

Only 85 days on Fund Maintenance - Need your advice

Post by amit23 » Thu Dec 28, 2017 9:11 pm

Hi,

My wife and both my kids are due for their visa renewal on 23rd Feb 2018 as PBS dependant. I hold an ILR visa. We have started to maintain the funds i.e. £630 x 3 starting from 28th November in dollars on my wife's name? which will not cover 90 days. I don't know on how to proceed? i have contacted a solicitor and he has advised that it shouldn't be an issue. Need expert advice from this group.

vinny
Moderator
Posts: 32803
Joined: Tue Sep 25, 2007 7:58 pm

Re: Only 85 days on Fund Maintenance - Need your advice

Post by vinny » Fri Dec 29, 2017 2:26 am

When will their leave expire?
Can they postpone their applications?
Do you have funds in other accounts?
Ask the solicitor why he thinks that this wouldn't be an issue, e.g. as highlighted in Chau Le (Immigration Rules - de minimis principle) Vietnam [2016] UKUT 186 (IAC) (8 April 2016)?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

amit23
Newly Registered
Posts: 13
Joined: Tue Jul 27, 2010 6:28 am

Re: Only 85 days on Fund Maintenance - Need your advice

Post by amit23 » Fri Dec 29, 2017 3:23 pm

Thanks for the response.

All my 3 dependent's visa expires on 23rd Feb 2018.

We have enough funds from two different accounts starting 17th Nov 2017,
From :17rd Nov 2017 To: 28th Nov 2017
I have about £1700 on my account and wife has about £1000 on her account.

Can we combine the two bank statements and show maintenance funds just for those remaining days?

And we can show the rest of 90 days period from 28th November 2017? which is in my wife's' name.

Will this work? please advice.

vinny
Moderator
Posts: 32803
Joined: Tue Sep 25, 2007 7:58 pm

Re: Only 85 days on Fund Maintenance - Need your advice

Post by vinny » Fri Dec 29, 2017 3:49 pm

You may use more than one account. Hence, I think that it should be possible to combine them.
Appendix E wrote:(m) The end date of the 90-day and 28-day periods referred to in (g) above will be taken as the date of the closing balance on the most recent of the specified documents (where specified documents from two or more accounts are submitted, this will be the end date for the account that most favours the applicant), as set out in paragraph 1B of Appendix C, and must be no earlier than 31 days before the date of application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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