Post
by Babadeel » Wed May 11, 2016 3:50 am
CR001, Thank you for your reply.
I have recently applied for a Tier 2 Admin Review with following details. Is there any chance you can tell me what you think about my chances? or if I even have a case?
On 6th April 2016, I received a Tier 2 visa refusal letter from the UKVI. On the letter, I was informed that I have been awarded 30 points for Sponsorship, 20 points for Appropriate Salary, 10 points for Language and 0 points for Maintenance (funds).
The reason for 0 points on Maintenance, as provided by my case worker, is that I attached
my Father’s bank statement (along with an affidavit) in the application and that I could have only used my
own personal bank statement for the Tier 2 application.
I believe that a case working error has been made here. My Tier 2 Sponsor (Sponsor Details) has certified in the CoS that they will sponsor my maintenance, which exempts me from submitting my bank statement, and I only submitted my father’s bank statement as a further proof of back up funds.
According to my research and the clauses (mentioned below), I believe that I should be awarded 10 point
for my Maintenance as my sponsor is an A rated sponsor and has certified to sponsor my maintenance in CoS (CoS number). Clauses are:
1. Immigration Rules Appendix C: maintenance (funds)
Paragraph 6 - (Tier 2 Migrants)
“(c) the Sponsor is an a rated Sponsor and has certified ON THE Certificate of Sponsorship that, should it
become necessary, it will maintain and accommodate the migrant up to the end of the first month of his employment. The Sponsor may limit the amount of the undertaking but any limit must be at least £945. Points will only be awarded if the applicant provides A VALID Certificate of Sponsorship reference number with his application.”
2. TIER 2 of the PBS – Policy Guidance (Page 40)
“your A-rated (Premium), A-rated Small or Medium-sized Enterprise (SME) or A-rated sponsor certifies on
the Certificate of Sponsorship that they will maintain and accommodate you up to the end of your first month of employment in the UK if required. Your sponsor may limit the amount of the undertaking, but any limit must be at least £945.”
3. TIER 2 of the PBS – Policy Guidance
“169.If your sponsor certifies maintenance, this must be confirmed on your Certificate of Sponsorship. 170.Only A-rated (Premium), A-rated (SME+) or A-rated sponsors can certify your maintenance.”
Few Important things to note here are:
1. My company has confirmed to me that they TICKED the box for sponsoring my maintenance funds.
2. I should have been awarded 10 points for Maintenance fund as I am exempted from showing personal
savings. (as mentioned in the clauses above)
3. I only attached my Dad's bank statement and an affidavit just as an extra proof of available funds for
maintenance.
4. I did not seek any legal assistance when applying for the Tier 2 visa.
5. In the application, I did NOT tick the box that my sponsor will cover my maintenance. This was a mistake on my part and I believe the main reason for the confusion.
I understand how the confusion may have occurred when assessing the application, however, I believe
that a case working error was made when the details of my CoS was not thoroughly checked. All the
clauses, I have read on the policy guidance and appendices, have emphasized on the importance of
confirmation ON THE valid CoS, that my sponsor certifies to cover my maintenance. Furthermore, I fulfill
all the requirements and criteria, as per the clauses mentioned, to be awarded 10 points for the Appendix
C: Maintenance.
