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Tier 1 Maintenance Funds Discussion

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

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mmmsa5
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Tier 1 Maintenance Funds Discussion

Post by mmmsa5 » Mon Mar 10, 2008 12:23 pm

I am making an in-country application to switch into Tier 1. My wife and children are applying at the same time as me to switch into Tier 1 as my dependants.

I am sending my personal bank statement to prove that I have access to 800 pounds and the funds were in my account throughout the last three months.

Can I use my wife's bank statement (overseas account) to satisfy the maintenance requirement for my wife AND children?

Does the HO accepts the joint account (my wife and her father) statements, provided bank confirming my wife has instant access to all the funds available in that account.

OR (Worst Case Scenario) does the HO require that I have to show all the funds (for the main applicant as well as dependants) in my account if my dependants are making applicantion at the same time as I am.

Any help from you guys is highly appreciated.
UKbound wrote
based upon what I've read, I'm fairly certain that your wife's account will work for the funds for her.. The big question is for any additional dependents

Honestly, if the funds are there together, and you're already showing you're married (which you have to do), then I think you'll be okay. The important thing will be that the funds were there for the entire 3 months, and that you still have them.


Sorry for such a long post. Any help is highly appreciated and hopefuly this discussion will show light to many affected by insane changes imposed by HO.

Delaying my application is not an option as my birthday is looming.

According to the BIA guidance "If the main applicant has been present in the UK for 12 months or over the Tier 1 (General) Migrant must have evidence of £533 minimum for each dependent for the three months prior to the application to support themselves".

In my case, I am sending my personal statement to provide evidence that I have access to £800.

Can I send my wife's bank statement (she has a joint account with her father in Pakistan, the account is a foreign currency (Euro) savings account) as evidence of dependants maintenance (i.e. funds for my wife and children)?


If not, why paragraph 34 of the Dependant Policy Guidance state the following

"For the purposes of paragraph 319C and 319H of the immigration rules, the documents specified are as follows:

1. Personal bank or building society statements covering the previous 3 month period:

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 their other parent who is also legally present in the UK;

    the account number; ....
In addition, on BIA website in the supporting evidence (Dependants) section for Tier 1, it is stated that

The evidence provided can relate specifically to the dependant or it can also include evidence for the main applicant which has not been used as evidence of funds on their own application or that of other dependants.

The personal bank or building society statements should clearly show:
  • the name of the main applicant and/or the family member making the application (does that mean making a dependant application to switch to Tier 1 along with the main applicant?), or (for children only) the name of their other parent who is also legally present in the United Kingdom;


Furthermore, BIA Immigration rules Appendix E - Maintenance (funds) for the family of Tier 1 (General) Migrants state

(c) Where the applicant is applying as the Partner of a Tier 1 (General) Migrant, the relevant amount of funds must be available to either the applicant or the Tier 1 (General) Migrant.
(Is Tier 1 (General) Migrant means Main Applicant? OR this provision refers to dependants applications which are made once main applicant has got the approval as Tier 1)

(d) Where the applicant is applying as the Child of a Tier 1 (General) Migrant, the relevant amount of funds must be available to the applicant, the Tier 1 (General) Migrant, or the applicant's other parent (Does that mean mother?) who is Lawfully present in the UK or being granted entry clearance, or leave to enter or remain, at the same time

(e) Where the Tier 1 (General) Migrant is applying for entry clearance or leave to remain at the same time as the applicant, the amount of funds available to the applicant must be in addition to the level of funds required separately of the Tier 1 (General) Migrant.
(Here it is not mentioning who should own the funds, I mean main applicant or dependant)

Senior forum members please.....

mmmsa5
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Post by mmmsa5 » Mon Mar 10, 2008 4:11 pm

:(

UKbound
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Post by UKbound » Mon Mar 10, 2008 11:27 pm

You've answered your own question.

(c) Where the applicant is applying as the Partner of a Tier 1 (General) Migrant, the relevant amount of funds must be available to either the applicant or the Tier 1 (General) Migrant.
(Is Tier 1 (General) Migrant means Main Applicant? OR this provision refers to dependants applications which are made once main applicant has got the approval as Tier 1)

This means that the funds can be in either the main applicant, or their partner's accounts.

(d) Where the applicant is applying as the Child of a Tier 1 (General) Migrant, the relevant amount of funds must be available to the applicant, the Tier 1 (General) Migrant, or the applicant's other parent (Does that mean mother?) who is Lawfully present in the UK or being granted entry clearance, or leave to enter or remain, at the same time

this means that the funds can be in either the mother or father's accounts.

(e) Where the Tier 1 (General) Migrant is applying for entry clearance or leave to remain at the same time as the applicant, the amount of funds available to the applicant must be in addition to the level of funds required separately of the Tier 1 (General) Migrant.
(Here it is not mentioning who should own the funds, I mean main applicant or dependant)

what they're saying is that as long as the prior points are followed, the money needs to equal the total required amount. you can't use the same amount for multiple purposes.

seems like you already have the answer.

mmmsa5
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Post by mmmsa5 » Tue Mar 11, 2008 11:55 am

I spoke to HO yesterday.
The following things are accepted as proof
1. multiple overseas bank accounts ( there was no mention of easy accessibilty / debit cards etc)
2. Fixed deposits ( which can be withdrawn at any time)
3. Spouse bank account ( to show 533 GBP for spouse as dependant )
4. For children the money should either be held in the main applicants name or a joint account ( but should have the main applicants name on it )

Hope this helps
Rajkumar Chandran Swansea UK
WHY MAIN APPLICANT FOR CHILDREN,

WHAT ABOUT APPENDIX E AND DEPENDANT POLICY GUIDANCE (SEE POSTS ABOVE)

Are they giving mixed messages here???

SYH
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Post by SYH » Tue Mar 11, 2008 12:00 pm

what is the deal with threads where the OP, talks to himself to keep the issue in the spotlight.
Stop that nonsense, no one is buying it.

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