Overdraft in my Savings Account????

[bbuster]

Hey

I have the maintanence funds in a separate savings account (£850, never gone below).

The latest stress I'm having is with my overdraft in my current account where my salary goes. For the past year I've basically been living in my overdraft - £800 - it gets repaid every month when I get paid but I always end up in the red. I'm a bit silly as I can actually get it repaid and cancelled, it just never occurred to me that it could affect my application.

Will the Home Office have an issue with my overdraft?

Am I better off cancelling it before submitting my application and writing an explanation in my cover letter and attaching a budget to show I can live within my means and I won't revert to public funds???

Senior help would be very much appreciated!

Thanks.

[montysingh]

Hey

I have the maintanence funds in a separate savings account (£850, never gone below).

The latest stress I'm having is with my overdraft in my current account where my salary goes. For the past year I've basically been living in my overdraft - £800 - it gets repaid every month when I get paid but I always end up in the red. I'm a bit silly as I can actually get it repaid and cancelled, it just never occurred to me that it could affect my application.

Will the Home Office have an issue with my overdraft?

Am I better off cancelling it before submitting my application and writing an explanation in my cover letter and attaching a budget to show I can live within my means and I won't revert to public funds???

Senior help would be very much appreciated!

Thanks.

Hey there

well i am not a senior member, but anyone who will answer this question need some other details as well....Why do you need to show your overdraft account anyway , if you are doing this to prove your salary for points, then its fine as i have asked this question before and answer was --that its fine to have overdraft account proving earnings...if there is any other reason...do give some other details as well

cheers

[bbuster]

Am sorry! More details are required (I wrote that post in a hurry, not thinking properly!).

I'm submitting my 'overdraft' bank statements as proof of my previous earnings over the 12 month period. I have no option but to submit them. I'm submitting letters from my employers stating my earnings and I need a second source - payslips are considered the same source as the letters.

My concern is that when the HO look at the maintenance fund issue (the purpose of which is to show that you will not revert to public funds and can afford to look after yourself) they will take the view that the overdraft basically cancels it out (£850 in savings and £800 in overdraft).....therefore not satisfying the fact that I have 'savings' for the maintenance requirement.....

Am I making any more sense? So sorry for being vague and cheers for your help.

[aspirant09]

are you using the same account for both "previous earnings" and "maintainance funds"?

[bbuster]

Nope. I have a separate account with my £850 savings to prove my maintenance funds.

Then my other account (my 'overdraft' account) is being used as proof of earnings.

Thanks for your help.

B

[confusedhsmp]

The logic here is more important.

The requirement here is whether you have access to cash. Which you clearly do. Whetehr its from a loan of saving. You are paying for the overdraft facility anyway (interest). So its not MINUS CASH.

NOT TO WORRY

[ChetanOjha]

You can provide documents in the following way:

Earnings:

1. Payslips (Source 1)
2. Employer Letter (If you can, it would support your application--Source 1).
3. Bank Statement - (Where your salary goes, irrespective of your overdrafts-- Source 2). You have to corroborate your payslips here.

Since you are worried here for your overdrafts, an additional proof would help to satisfy case worker(though you don't have to submit it).

Maintenance Funds

1. You can submit statement of your Saving Account where you have consistently maintained £850 pounds for last 3 months.
2. If possible,(if not madatory) you can also get a letter from bank stating that funds in your saving account(and not salary account) have never went below required maintenance funds.

This should be fine.

[confusedhsmp]

Guys!

If i had a loan for 10000 pounds and saving of 5000 pounds, what would my savings be?

Yes, 5000 pounds.

You dont add subtract they way you are trying to!

[bbuster]

Thanks guys for your help. I watch this forum a lot (I'm actually an Aussie solicitor living in London - obviously not with immigration experience!) and it has definitely calmed my nerves!!

Will be posting my application today - yay!

Cheers again. Good luck everybody!

B

[drjabberwocky23]

I was in a similar situation and my application was approved.

You need to be clear in your covering letter which statements are being used for maintence funds and which are being used as evidence of earnings. It will not influence your application if it's clear so don't worry.

[bbuster]

Phew!!!!!

Thanks!! It's good to hear from someone in a similar situation.

I HATE visa renewal time......lack of sleep kills me!

B

[push]

The logic here is more important.

The requirement here is whether you have access to cash. Which you clearly do. Whetehr its from a loan of saving. You are paying for the overdraft facility anyway (interest). So its not MINUS CASH.

NOT TO WORRY

Unfortunately that does not apply to the maintenance funds. The monthly statements will show debit balance if the account is overdrawn. The guy here is in safe zone because he is using a separate account for showing maintenance funds.

[ashok_pandey]

Hello,
I had made my application on 9 Fe 2009 under tier1 general

I was awarded all the points except the 10 points for maintainence funds.

I had submitted 2 types of statements for the same bank
1. Current account for salary (01-Feb-2008 to 02-Feb-2009).
2.Savings account for maintainence funds (period 26th July 2008 to 26 an 2009)

For the maintainence funds the case worker was supposed to refer only to the savings account statement.

But the case worker was not able to establish that there are 2 different types of statements and came to an incorrect conclusion that the balance has fell below the required level and hence my visa was rejected.

Now I have not been given a right of appeal or administrative review as I already have permission to say.

Can any of you advise what can I do now as it is the negligience of the case worker.

Thanks

[push]

Hello,
I had made my application on 9 Fe 2009 under tier1 general

I was awarded all the points except the 10 points for maintainence funds.

I had submitted 2 types of statements for the same bank
1. Current account for salary (01-Feb-2008 to 02-Feb-2009).
2.Savings account for maintainence funds (period 26th July 2008 to 26 an 2009)

For the maintainence funds the case worker was supposed to refer only to the savings account statement.

But the case worker was not able to establish that there are 2 different types of statements and came to an incorrect conclusion that the balance has fell below the required level and hence my visa was rejected.

Now I have not been given a right of appeal or administrative review as I already have permission to say.

Can any of you advise what can I do now as it is the negligience of the case worker.

Thanks

Make a complaint.

[drjabberwocky23]

Hello,
I had made my application on 9 Fe 2009 under tier1 general

I was awarded all the points except the 10 points for maintainence funds.

I had submitted 2 types of statements for the same bank
1. Current account for salary (01-Feb-2008 to 02-Feb-2009).
2.Savings account for maintainence funds (period 26th July 2008 to 26 an 2009)

For the maintainence funds the case worker was supposed to refer only to the savings account statement.

But the case worker was not able to establish that there are 2 different types of statements and came to an incorrect conclusion that the balance has fell below the required level and hence my visa was rejected.

Now I have not been given a right of appeal or administrative review as I already have permission to say.

Can any of you advise what can I do now as it is the negligience of the case worker.

Thanks

Did you make it very clear which statements were being submitted for which purpose? i.e. by covering letter and/or filing the various statements separately?

[ashok_pandey]

Thanks for replying.
I did that in the covering letter.
I wrote a letter to the order agency about the negligience but they replied to me saying that they are satisfied with the decision.

Can you advise me how do I take it from here?

Thanks

[push]

Thanks for replying.
I did that in the covering letter.
I wrote a letter to the order agency about the negligience but they replied to me saying that they are satisfied with the decision.

Can you advise me how do I take it from here?

Thanks

Write back to them that you are not satisfied with the original decision nor with the latest response and that you would like to escalate it. Ask them to suggest how can you do that. If nothing happens, some solicitor has one more client coming his way.

[tk79]

I am in the same situation, not sure what to do as we have one person who got rejected and one person who got approved....??????....i wish the HO was consistent, they are so useless

[Edo]

I am in almost the same situation and I had doubts about it so after a little thought I have decided to make use of that 12 out of 15 months principle for previous income. This is what I am going to do:

Since I do have £800 in a Savings account, but my Current account (where my salary goes into) is always overdrawn, it can be risky to produce the Current account statement. So what I am going to do is that I will produce statements from both of the accounts with my application. The Savings statement will be most up to date and will prove that I have maintenance funds available.

Then I'll also provide them with the (wage slips and) Current account statement but that statement will be just to prove salary transactions over 12 months (I have been working in the same job for more than a year on IGS/PSW).

I'll be making an in-person in June so I will use income earned between April 08 - March 09, so my Current account statement will be just until March 09. For an application made in June, the above period does fall within previous 15 months so I'm safe. The caseworker cannot just 'presume' that my Current account is still overdrawn without seeing my Current account statements after March 09. And if s/he asks me about the current status of my account then you know what I am going to say

[tk79]

I am in almost the same situation and I had doubts about it so after a little thought I have decided to make use of that 12 out of 15 months principle for previous income. This is what I am going to do:

Since I do have £800 in a Savings account, but my Current account (where my salary goes into) is always overdrawn, it can be risky to produce the Current account statement. So what I am going to do is that I will produce statements from both of the accounts with my application. The Savings statement will be most up to date and will prove that I have maintenance funds available.

Then I'll also provide them with the (wage slips and) Current account statement but that statement will be just to prove salary transactions over 12 months (I have been working in the same job for more than a year on IGS/PSW).

I'll be making an in-person in June so I will use income earned between April 08 - March 09, so my Current account statement will be just until March 09. For an application made in June, the above period does fall within previous 15 months so I'm safe. The caseworker cannot just 'presume' that my Current account is still overdrawn without seeing my Current account statements after March 09. And if s/he asks me about the current status of my account then you know what I am going to say

thats a great idea, i think i will do the same

[tk79]

Thanks for replying.
I did that in the covering letter.
I wrote a letter to the order agency about the negligience but they replied to me saying that they are satisfied with the decision.

Can you advise me how do I take it from here?

Thanks

Ashok how much into overdraft did you go? was it a few days here and there or was it constant overdraft for a few months?

[tk79]

Ok guys here is the latest about this what should be straight forward situation:

- Rang the "(@^& idiots at HO to be told if one account goes into overdraft then they will deduct it from the savings showing maintenance funds and get rejected.

- Rang a lawyer (a very good one that has helped another friend) and he informed me that the HO were wrong. However a lot of people were getting visa rejected for the same reason. ALL the rejected people have then had the judge overturn the HO decision and grant them the visa. He said that judges were so fedup in these cases that they were granting them before it goes to tribunal.

So what we essentially have is the morons at the HO are in some cases approving people and in other cases incorrectly denying people. Even though i have met all the criteria now its likely i will have to get a lawyer to organise a one on one appointment and sort this out. This is probably going to cost me an extra £500. All because the incompetence of the HO which results in total inconsistencies in their decisions.

[bbuster]

And in true HO style, I rang them as well before I submitted my application and they said they will purely look at the account that I submit for my maintenance funds, the other account in overdraft won't be considered.

I honestly think it depends on who you get at the HO which sucks. I just made it really clear in my cover letter what account goes with what section, put the docs in separate plastic sleeves and had a cover page stating which section it was relevant to. Couldn't do much more than that!!

And the lawyers right, it's not a proper grounds of refusal. I just don't want to have the hassle of having to get the decision corrected.

Fingers crossed - submitted my application last week - will let you know how I go.