ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier-4 Student (General) Visa with Dependent

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
rajunaik
Newly Registered
Posts: 4
Joined: Mon Sep 28, 2020 3:07 pm
India

Tier-4 Student (General) Visa with Dependent

Post by rajunaik » Mon Sep 28, 2020 3:30 pm

Hi,
I am the main applicant applied Tier-4 Student (General) Visa along with my husband and 2 kids under Dependent Category. For myself, I have shown maintenance funds of Rs.17L on my name and Rs.28L on my husband's name who is sponsoring himself and both kids and both the Fixed Deposits (FDs) are maintained for more than 28days before dropping the visa.

Within 2 days from the date of visa drop, I got the below mentioned Refusal Letter.
Please give advice on why my visa got refused. Please don't give general answer; immigration related replies are appreciated. Also guide whether I should go for Administrative Review (AR).

Thanks a lot!!!
----------------------------------------------------------------------------------------------------------------
The decision

I have refused your application for entry clearance under Tier 4 (General) of the Points-Based System for the following reasons:

You have claimed 10 points for funds under Appendix C of the Immigration Rules. However, the documents you have provided do not demonstrate that you are in possession of the required level of funds. Your CAS states that your course fees for the first year are £9,700.00 and you have paid £3,514.00. Your remaining course fees are £6,186.00 and maintenance required for outside London is £9,135, plus £6120.00 per dependent, totalling £33,681.00. You are required to demonstrate that you hold the level of funds required for all of the applicants, including those required by your dependents and these funds are available to you for a minimum of 28 days in your account or parent’s account. I am not satisfied that you have shown these funds are available to you. You have submitted an XXX Bank fixed deposit letter and certificate in your own name for account 4xxxxx6. This statement shows that on 18-09-2020 it has a closing balance of INR1,700,000.00. (£17,815.00 at £1 = INR95.00 as per the submitted bank letter). The minimum balance held during the 28 day period was INR1,700,000.00. (£17,815.00) on which is below the required amount. I am therefore not satisfied that you have achieved 10 points under paragraph 10 to 14 of Appendix C and meet the requirements to be granted entry clearance under Tier 4 (General) Student). I therefore refuse your application under paragraph 245ZV (c) of the Immigration Rules.

You have claimed 10 points for funds under Appendix C of the Immigration Rules, however, the documents you have provided do not demonstrate that you are in possession of the required level of funds. Your husband has submitted a Fixed Deposit statement and certificate from XXX Bank in the name of Mr. XXXX. Paragraph 21 of Appendix C of the Immigration Rules states:

21. Funds will be available to the applicant (i.e. available to you) only where the specified documents show or, where permitted by these Rules, the applicant confirms that the funds are held or provided by:

(i) the applicant (whether as a sole or joint account holder); and/or
T4 (AR) Refusal v18-12-18
(ii) the applicant’s parent(s) or legal guardian(s), and the parent(s) or legal guardian(s) have provided written consent that their funds may be used by the applicant in order to study in the UK; and/or
(iii) the applicant’s foster carer or close relative, if a private foster care arrangement has been made and the requirements of paragraph 19 of this Appendix have been met; and/or
(iv) an official financial sponsor which must be Her Majesty’s Government, the applicant’s home government, the British Council or any international organisation, international company, University or Independent School.

Your husband’s financial documents do not meet the above criteria.

I am therefore not satisfied that you have achieved 10 points under paragraph 10 to 14 of Appendix C and meet the requirements to be granted entry clearance under Tier 4 (General) Student). I therefore refuse your application under paragraph 245ZV(c) of the Immigration Rules

-----------------------------------------------------------------------------------------------------------------


I am still not understanding, why I have been given the paragraph 21 (Plz google) of Appendix C of the Immigration Rules. :roll:

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: Tier-4 Student (General) Visa with Dependent

Post by srsw » Mon Sep 28, 2020 4:30 pm

It looks like the you haven't shown enough funds to cover the course fee and maintenance.

Did your husband give his written consent to use his funds for you to study in the UK? Also, as your husband's account is not a joint account with you, UKVI is not considering those funds as yours.

Generally, education loan from banks is another way to overcome your issue.

Tier 4 guide seems to cover only parents/legal guardian as someone whose funds can be used with their consent:

https://assets.publishing.service.gov.u ... r_2019.pdf
My advice is based on personal research/experience, so pls check relevant UKVI sources.

rajunaik
Newly Registered
Posts: 4
Joined: Mon Sep 28, 2020 3:07 pm
India

Re: Tier-4 Student (General) Visa with Dependent

Post by rajunaik » Tue Sep 29, 2020 4:27 am

Thanks a lot for the reply !!!

To be precise, I have my own funds on my name to cover both the remaining fees + living expenses
&
my husband has more than enough funds set by UKVI on his name to cover his and kids living expenses and he also presented an "Affidavit of Support" to the kids.

So, nowhere the point comes like, my husband should sponsor/support me and vice-versa.

And, yes, bank loan is very easy but, we had enough funds so we haven't approached any bank !!!

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: Tier-4 Student (General) Visa with Dependent

Post by srsw » Tue Sep 29, 2020 7:38 am

Yeah, I understand your problem. The case workers go by the rules or the interpretation of the rules. They could be wrong, so wait for more senior members to clarify.

It may be worth going though the maintenance funds & tier 4 section of this guide and see if the case worker applied the right criteria or not.

https://www.gov.uk/guidance/immigration ... ance-funds

This point caught my eye and kind of fits your situation/refusal?

(g) Where the application is made at the same time as applications by the partner or child of the applicant (such that the applicant is a Relevant Points Based System Migrant for the purposes of paragraph 319AA), each applicant 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.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

rajunaik
Newly Registered
Posts: 4
Joined: Mon Sep 28, 2020 3:07 pm
India

Re: Tier-4 Student (General) Visa with Dependent

Post by rajunaik » Tue Sep 29, 2020 2:46 pm

Once again appreciations for the reply !!!

Yes, the case worker might overlook my application and decision was made basing on the points mentioned by you considering appendices C & E.
Further to my research, I found that my husband's funds are NOT considered basing on Paragraph 21 of appendix C, which on further search, I found that Para 21 is only applicable to Child (Student) Visa, wherein I applied Child(Dependent) Visa for my kids. :roll: :roll:

As the time is ticking down, I am still confused whether to go a fresh application or administrative review???
Note# 18th Oct 2020, is the last date to enroll in the University :oops: :oops:

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: Tier-4 Student (General) Visa with Dependent

Post by srsw » Tue Sep 29, 2020 4:45 pm

If your research suggests (or if moderators/other senior members on this forum too can confirm) that the case worker applied the rules right, then there's no point in administrative review. It will only delay the process.

Reapplying is the quickest option, but if you want to play it safe, then just apply for yourself first and once it's approved it's much easier to get dependents visa sorted (though it means you may not be able to travel together). It saves you lot of money if it gets rejected again for whatever reason.

The other option is to defer your place to January 2021 or Sep 2021 intake... if that's something you want to consider you need to talk to your University for that. Good luck!
My advice is based on personal research/experience, so pls check relevant UKVI sources.

rajunaik
Newly Registered
Posts: 4
Joined: Mon Sep 28, 2020 3:07 pm
India

Re: Tier-4 Student (General) Visa with Dependent

Post by rajunaik » Wed Sep 30, 2020 4:37 am

Well said !!!
Yes, considering the facts and talking to the ppl who are in the line of the immigration, the details matches to the points you mentioned.
Better I talk to the Uni and get a new CAS for Jan 2021 intake. And yes, will apply alone first and later will file the dependents !!!
Good advise though, thanks once again Mr. srsw :)

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: Tier-4 Student (General) Visa with Dependent

Post by srsw » Wed Sep 30, 2020 12:59 pm

You're welcome. I know how time sensitive it was when I applied for my Tier 4 visa a few years ago. There was hardly any extra time to sort such issues unless you start the whole process months and months ago.

Keep us posted how it goes with your deferral and subsequent visa application.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

rham
Newly Registered
Posts: 18
Joined: Fri Sep 18, 2020 8:05 am
Mood:
Pakistan

Re: Tier-4 Student (General) Visa with Dependent

Post by rham » Thu Oct 15, 2020 3:30 pm

rajunaik wrote:
Tue Sep 29, 2020 4:27 am
Thanks a lot for the reply !!!

To be precise, I have my own funds on my name to cover both the remaining fees + living expenses
&
my husband has more than enough funds set by UKVI on his name to cover his and kids living expenses and he also presented an "Affidavit of Support" to the kids.

So, nowhere the point comes like, my husband should sponsor/support me and vice-versa.

And, yes, bank loan is very easy but, we had enough funds so we haven't approached any bank !!!
hi.
As mentioned in the rejection Letter the applicant (you) must hold all funds in his/her account or if this is not the case and the funds are in someone's elses account, you need to attach a letter of consent by the person holding additional funds (in your case, your husband) stating that he gives you permission or authority to use funds available in his account. I hope it was helpful.

Locked