Tier 1 (general) dependant refusal 2 times,need advices!

[mayprivate]

My previous visa was PSW and my husband is holding Tier 1 (General). My husband applied me as his dependant last year end inside UK, unfortunately, my application was rejected. It is because the UK immigration rule doesn’t allow me to make an in-country application for an initial leave to remain as a PBS dependant. I totally understand we made the mistake so I came back to my hometown to make a new application, however, my second time PBS dependant application was rejected again..

My husband has just renewed his Tier1 General he has worked in UK more than 12 months. He was applying me as his dependant outside UK but my application was rejected because the border agency said that we didn’t show enough funds. My UK bank account show more than GBP600 last half year and my husband’s account shows more than GBP900 last half year as well. However, finally they said that we should show more than GBP1800. We are just unluckily and we are just GBP50 less than they requested. (consider we have already spent a lot on the application fees..)

Before submitting my second PSB dependant application, we have already read the T1 dependant guidance and it shows "45. If the Tier 1 Migrant has been in the United Kingdom for 12 months or more, you must have £600 to support yourself."--->>However this is not the updated one! It was totally misleading! Also they don’t consider we have a housing property in UK, they only consider the cash in banks!

The updated version about the maintenance is: http://www.ukba.homeoffice.gov.uk/sitec ... ce-changes which means u should have more than GBP1800 for the dependant wife.

I am waiting for 3 months bank statements now...I keep more than GBP3000 in my account and my husband keep more than GBP10000 into his account now!

Basically, I failed the dependant visa application for 2 times. I have completely lost my confidence! Should I hire a solicitor for doing the coming visa application? It is quite expensive honestly, we don’t want to spend on the solicitor fees…Suppose my coming application should be alright because we have already kept more than they request for the maintenance funds. One of my friends said,: “There may be some other reasons behind (not only the money matter) and they didn’t show on the previous refusal letter, they may use other reasons to reject you for the third time application…”

Also will the border agency ask us why we have suddenly got the money? Do we need to explain where the money coming from?

[Lucapooka]

Can you post the exact text of the refusal notice.

[mayprivate]

The letter is at my UK home, I will ask it from my husband at nite.

[rdamsel]

I think caseworker make a mistake here,

If main applicant is in UK less than 12 months then he needs to show £900 for himself and £900 for his dependent total £1800


If main applicant is in UK for more than 12 months then its £900 for himself and £600 his dependent total £1500.

By the statement you provided you mentioned your husband is in UK for more than 12 months on Tier 1 and then he filled application for you as an dependent so it should be £1500 in total you guys have to show which you had.

[uday2509]

If the main applicant is in UK for more than 12 months, then you need only 600£ not 1500£.

Thanks,
Uday

[mayprivate]

Yes, we have already got the funds!

Thanks you guys for advice! I am so frustrated these days and I can't stop the tears how painful when I received the decision.

Yes, we should ask advices from solicitor. Thanks for the advices!

[uday2509]

rdamsel,

If somebody already has valid Tier 1 and if he is making application only for his dependant then the funds required is only 600£, I have just confirmed with one of my friend who recently applied and got the visa.

Thanks,
Uday

[rdamsel]

uday2009


So it means Main applicant dont have to show his maintenance £900 ?

Only £600 need to show ?

Please clarify

regards

[uday2509]

rdamsel,

Yes that is true, its only 600£.

Thanks,
Uday

[paba89]

rdamsel,

Yes that is true, its only 600£.

Thanks,
Uday

I think Uday you are mistaken. Main applicant has to show his maintenance funds plus the dependents.....

[mayprivate]

I also think the main applicant has to show his maintenance funds plus the dependants.

In my case, my bank account shows more than GBP600 for the last half year and my husband account shows more than GBP900 for the last half year, so our total sum of the money always more than GBP1700. We just don’t understand why my application was rejected!

[mayprivate]

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!

[Lucapooka]

It's a wrong decision. They have not considered the fact that your partner had extended his leave in the UK rather than been a new entrant. You aare only required to show 600 on that basis. You should appeal.

[mayprivate]

Appeal may take 4-6months, even we are 100%win, after won the case, I still need to wait for the visa(maybe take another several months..)
I am so unlucky this time..

[Lucapooka]

It seems like a very obvious mistake and one must assume the ECM review will correct this in a relatively shorter period.

[mayprivate]

Guys,

We check this link again http://www.ukba.homeoffice.gov.uk/sitec ... ce-changes
It shows Dependents of Tier 1 applicants who have been in the UK for less than 12 months should show GBP1800 (For applications received on or after 14 June 2012).
However, on the PBS (Dependant) Policy guidance, 45. If the Tier 1 Migrant has been in the United Kingdom for 12 months or more, you must have £600 to support yourself.

We are so confused now, which one is correct? Also if I appeal the case, do you think the border agency will use the above new rules(T1 dependant who have been in the UK for less than 12 months should show gbp1800) to reject my appeal?

I have been UK more than 3 years, but I was holding PSW before, I dont think they will count I have been UK for 12 months.

[mayprivate]

In appendix E,

(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.

(b) Where:


(i) paragraph (a) does not apply, and

(ii) the application is connected to a Relevant Points Based System Migrant who is not a Tier 1 (Investor) Migrant a Tier 1 (Exceptional Talent) Migrant or a Tier 4 (General) Student there must be £600 in funds.


We are correct as well!
However just http://www.ukba.homeoffice.gov.uk/sitec ... ce-changes
make use confused!

Can we appeal? What do u guys think??

[mayprivate]

We have also found these two links related to the dependant maintenance funds:

Latest rules;

http://www.ukba.homeoffice.gov.uk/sitec ... d/working/

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I still think GBP600 for dependant (husband works in UK more than 12 months) is correct!

[mayprivate]

It is because it says: "This page shows the modernised guidance for UK Border Agency staff who consider applications from migrants to work in the UK. Last Updated: 07 March 2013 " according to http://www.ukba.homeoffice.gov.uk/sitec ... d/working/

So the border agency doesn't have any excase to say GBP1800 for dependant if Tier 1 general main applicant works in UK more than 12 months...
In this case I will go for appeal!

[kainat_ch]

i am so worried now coz i had to put same case in and statement issue is confusing me

[gurrano2]

You can save yourself a lot of stress and money by getting a good immigration lawyer for advice. If they feel you have a case then you will save money on new application fee. The only thing might be the turnaround time. Nothing to lose checking with an immigration lawyer.