visa reject of teir1 general dependent

[never]

hi can some one help me please my wife visa is reject due to maintenance funds i am living in uk more then two year and i am on tier1 general migrant
she applied from the home country and the case worker has reject and mention that maintenance funds are not sufficient the reason they said ( i have to show 900 for my self and 600 for my wife = 1500 in my account) but i have only 600 from last five months in my saving accounts and my business account is also overdrawn but money in and out in my business account so please how much i have to show for my maintenance funds i have applied before 4 April 2013

[Lucapooka]

If the refusal was because the PBS migrant did not show maintenance for himself (as well as the PBS dependant), that would be an incorrect refusal and you should appeal. But it's not clear from your post if that was the actual reason or because the money was not in a personal account.

[never]

dear thanks for reply

i have used two accounts one is saving account in which her maintenance funds and the other account for bushiness purpose but the same bank .
my businesses account is over drawn

[uzairharoon]

please see below, found from PBS Dependant Policy Guidance

"Family members of Tier 1 (General), Tier 1 (Entrepreneur) and Tier 1 (Post
Study Work) migrants
44. If the Tier 1 Migrant is outside the United Kingdom or has been present in the United Kingdom
for less than 12 months, you must show that you, the Tier 1 Migrant, or (for children) your other
parent who is also legally present in the United Kingdom have at least £1800 to support you; this
is in addition to any funds the Tier 1 Migrant needs to prove they have enough money to support
themselves.
45. If the Tier 1 Migrant has been in the United Kingdom for 12 months or more, you must have
£600 to support yourself.
46. For example, the Tier 1 Migrant has been in the UK for 6 months and is making an application
at the same time as their spouse and two children. They must show that they have £1800 for
their spouse and a further £1800 for each child, in addition to £900 required for their own support.
In total the family will require evidence that they hold £6300 in available funds (£1800 x 3 =
£5400+£900).
47. If the same Tier 1 Migrant and their family had been present in the UK for two years, they
would require evidence that they held £2700 (£600 x 3 = £1800 + £900) in available funds."

[Lucapooka]

We are all well aware of the guidance. What is your point with regard to the discussion?

[uzairharoon]

i might be wrong, but i think he has to show £1500 for maintenance (£600+£900), and he had shown only £600. Casewroker was right.

[Lucapooka]

Yes, you are wrong. The guidance is citing examples where the main applicant and dependants are applying together. It would be better for your understanding if you referred to the immigration rules (Appendix C & E). There are no joint applications in the PBS; only bundled applications made at the same time. Each individual application requires its own individual maintenance. In this case (the topic under discussion) there is only one application being made and so only one amount of maintenance is necessary.

But's is still not clear from the OP as to the precise nature of the refusal. It would be better if they linked to a scan of the refusal notice.

[uzairharoon]

if you see VAF10 guidance Maintenace Section it says

"You should consult the Dependant Policy Guidance on the UK Border
Agency website for details of the level of funds required for the dependants of Points Based System applicants"

Thanks

[Lucapooka]

The guidance is not different to the rules; it does not ask for maintenance from the migrant when only the dependant is applying. The guidance is simply less clear on the conditions when applications are not being made at the same time. Para 44 and 45 are the conditions for the dependant application, but the examples shown in 46 and 47 are limited with regard to bundled applications at the same time rather than individual applications from dependants. Note the use of the phrase 'at the same time'. Simple as that!

If the refusal was because the PBS migrant did not show maintenance for himself (as well as the PBS dependant), that would be an incorrect refusal and you should appeal. But it's not clear from your post if that was the actual reason or because the money was not in a personal account.

[never]

[/img]



the buisness account is overdrwan but i put cash in it next day 2k and the endind balance is 4 k when i send the doc


and the first resver account is the mantance funds account in which i have only 600 pounds from last five moneths and the case worker also said thas its 700 pounds strange i just put 100 pounsds cash so i can take the statement
so please thanks for answer my question awiating ur reply
i have use two different accounts with the same bank means one is current and another is saving account



i have also read one more thread on this form

http://www.immigrationboards.com/viewtopic.php?t=133406

please reply

[Lucapooka]

Without commenting on the suitability of your accounts, if there was 600 held for 3 months, you can appeal this decision. You were not required to maintain 1500.

[never]

and one more thing i went for holidays last jan 2013 ,and applied her visa on 03/04/2013 but i am living in uk on tier1 general more then two years its will affect that should i have to complete after jan 2013 12 months or not ? please reply

[mulderpf]

The issue here I believe is that the dependant was using a joint account with the main applicant to prove maintenance, in which case, it would be that the dependant's maintenance would have to be over and above the maintenance funds of the "main applicant".

Whilst neither the rules, nor the guidance specifically address situations where the dependant and the main applicant applied separately, this has been argued before in an appeal as to what constitutes funds being "available" and specifically if I remember the wording that the funds shouldn't be for any reason "unavailable". By using a joint account, these funds would be unavailable as it should technically be maintained for the main applicant's maintenance.

Otherwise, what you are saying here is that for applications where there is not enough funds available for maintenance for all of the applicants to apply together, they could simply just separate out there applications and apply separately, but show the same maintenance fund account statements (hence double counting the same money).

I believe that the right decision was made, but with the law and the guidance being so vague on the actual issue, you may win an appeal on this.

[Lucapooka]

PBS dependants can show maintenance in their own account or an account of the PBS migrant, of joint accounts of either. They have to be personal accounts rather than business accounts.

[never]

Dear maintenance funds are in my saving account not in the business account