Maintenance funds waiver for dependant (PSW to Tier-2)

[dexterous]

Holla,

I am on the verge of applying for a Tier-2 (Skilled Workers) Visa through my company who happens to be a sponsor. I am yet not clear about the fate of my spouse who would be applying alongside as my dependant, she is presently on PSW-Dependant Visa.

This section http://www.ukba.homeoffice.gov.uk/worki ... intenance/ on the UK Border Agency states;

"You will automatically score 10 points for maintenance, without needing to give evidence, if you are scoring 30 points for switching into Tier 2 (General) from one of the following post-study categories:

Tier 1 (Post-study work)
Fresh Talent: Working in Scotland Scheme
International Graduate Scheme or Science and Engineering Graduate Scheme"

Would this also apply to my spouse or would I need to show funds in her account for the stipulated 90 days before applying? I would appreciate an informed response because this situation is not stated explicitly on the UK Border Agency website.

Many Thanks.

[dexterous]

For some strange reason the link does not work after I posted it yesterday so I am posting it again:

http://www.ukba.homeoffice.gov.uk/visas ... intenance/

Cheers.

[Lucapooka]

It does not include your wife.

[dexterous]

It does not include your wife.

How can you be so sure since it was not stated explicitly on the website? She is presently on a PSW (Dependant) Visa.

[Lucapooka]

The rules say what is permitted rather than what isn't. If the guidance had to state everything that was not included it would be the world's longest list!

Your guidance gives information about your application and the Depenant's guidance gives information about her application. They are separate applications (although bundled for consideration at the same time) that have separate rules and requirements. So you need to look at her guidance rather than yours. There is absolutely no mention of this in the dependant's guidance which merely cites the maintenance rules that apply in all situations.

[dexterous]

The rules say what is permitted rather than what isn't. If the guidance had to state everything that was not included it would be the world's longest list!

Your guidance gives information about your application and the Depenant's guidance gives information about her application. They are separate applications (although bundled for consideration at the same time) that have separate rules and requirements. So you need to look at her guidance rather than yours. There is absolutely no mention of this in the dependant's guidance which merely cites the maintenance rules that apply in all situations.

Thanks Lukapooka, I have however downloaded the latest PBS (Dependant) Policy Guidance Booklet and this is what it says in the 'Maintenance' section:


'50. When a family member of a Tier 2 Migrant applies at the same time as the main applicant they are only required to provide evidence that he/ she meets the maintenance requirement when the Tier 2 Migrant is also required to meet the maintenance requirement. When a family member of
a Tier 2 Migrant applies separately from the main applicant he/she will always need to have the necessary funds to meet the maintenance requirement or have a written undertaking from an A-rated Sponsor.


51. For example, where the Tier 2 Migrant is submitting an application because he/she is changing employment within Tier 2, neither the Tier 2 Migrant nor any family member is required to submit evidence that they meet the maintenance requirement.'

Now my question is that I am not required to show any proof of maintenance because I automatically get 10 points for that because I am switching from a PSW visa. Does this situation apply to the above stated situation @ section 51?

Section 51 states that, ...the main applicant they are only required to provide evidence that he/ she meets the maintenance requirement when the Tier 2 Migrant is also required to meet the maintenance requirement...

I would appreciate if you or any other person can shed some light on this.

[jjrajesh]

No need to show proof of maintenance for you and your dependants when switching from PSW to Tier 2 Gen.

[teenytempa]

I would suggest you call the home office and ensure you get proper clarification(u may not get this though due to the VOLUME of cases handled),if that doesnt help ask a lwayer. I made the same mistake in not adding my wife and son to my PSW switch to Tier 2 and trying to sort that out now. so thread this carefully. If u still have time left on your pSW to save the money for 3months then its better to do so or or alternatively have the sponsor say they can do that for your first one month...I hope this helps