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Maintenace Funds for Dependent outside the UK - Very Urgent

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

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Perdesi007
Member
Posts: 138
Joined: Thu Feb 18, 2010 9:26 am
Location: Edinburgh

Post by Perdesi007 » Thu Mar 07, 2013 11:29 am

Well guys there is no clause in UKBA guidance notes which indicates that main Applicant does not have to show the maintenance funds.

Whether you are applying along with you dependents or dependents only you have to show maintenance funds of £900 for yourself.

mayprivate
Newly Registered
Posts: 28
Joined: Tue Jan 15, 2013 10:16 pm

Post by mayprivate » Thu Mar 07, 2013 11:47 am

In my case,
My husband has more than GBP900 and my account shows more than GBP600. We dont have any child!

mayprivate
Newly Registered
Posts: 28
Joined: Tue Jan 15, 2013 10:16 pm

Post by mayprivate » Thu Mar 07, 2013 11:48 am

The texts on the refusal letter as follow:

“You have applied for Entry Clearance to the UK as the Partner of a Relevant Points Based System Migrant. I have therefore assessed your application against Paragraph 319C of the UK Immigration Rules (as amended). You can read these Rules at : http://www.ukba.homeoffice.gov.uk/polic ... tionrules/

“The Decision
As evidence to meet the maintenance requirement of Appendix E of the UK immigration Rules (as amended) you have provided your UK bank statement together with your husband’s (your sponsor) UK bank statement. I note that your sponsor was granted his Leave to Remain under Tier1 General of the PBS in order to meet the maintenance on xx xxx 2013. Under the requirements of Appendix E you are therefore required to evidence funds of GBP1800 for a period of 90 consecutive days ending no more than one month prior to your application submission. I note from you and your sponsor’s bank statements that these show that GBP1800 was not held either jointly or individually for the required period. For example on XX Dec 2012 the balance of your sponsor’s account stood at GBP1106.16 while the balance of your account was GBP605.87. This gives a joint figure of GBP1712.03, which is less than the required amount. I am therefore not satisfied that you meet the requirements of Paragraph 319C(g) of the UK immigration Rules (as amended).”


We checked the Appendix E and UK immigration rules Para 319C(g),
“a) Where the application is connected to a Tier 1 Migrant (other than a Tier 1 (Investor) Migrant or a Tier 1 (Exceptional Talent) Migrant) who is outside the UK or who has been in the UK for a period of less than 12 months, there must be £1800 in funds.” And “(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant or a Tier 1 (Exceptional Talent) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.”

Please notice they didn’t show very clear how much the maintenance funds should we provide if the Tier1 general main applicant has worked in UK more than 12 months. In this case I believe they can say any number as they want!

Perdesi007
Member
Posts: 138
Joined: Thu Feb 18, 2010 9:26 am
Location: Edinburgh

Post by Perdesi007 » Thu Mar 07, 2013 12:01 pm

mayprivate wrote:In my case,
My husband has more than GBP900 and my account shows more than GBP600. We dont have any child!
In my opinion unfortunately you were unlucky. But if you launch the fresh application, please attach the Covering letters as well explaining the details of all the supplied documents including your bank statements and maintenance funds.

mayprivate
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Posts: 28
Joined: Tue Jan 15, 2013 10:16 pm

Post by mayprivate » Thu Mar 07, 2013 1:05 pm

I am so sure the case worker didn't check my application carefully and they assumed my husband works in UK less than 12 months. However, the truth is, my husband has worked in UK more than 3 years!

Honestly, I am so disappointed and angry about their decision. However, we are afraid making appeal takes a longer time. So we prossibly make a new application again. I will definitely write a letter to explain we were correct, we have already got enough funds in our accounts!

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