Tier 1 E(50k) Dependant Refusal(Outside country) Need Help

[qkiyani]

Hi All,
I am in the Uk from last 9 years n on Tier 1 Entrepreneur(50k) from last two years.Recently i applied for my wife n child ( Total two dependants) from outside Uk . Total £2200 was held into my account for last 90 days for maintenance funds of both applicants.
According to guidance as the main applicant i am in the UK for more than 12 months so i need to show £630 for each dependants(£630 x 2=£1260) and i dont have to show maintenance for myself as i am already in the Uk and already got visa.
Refusal Grounds from Entry Clearance officer.

You have made an application to join your spouse MR ABC in the Uk. You are required to demonstrate that your spouse has sufficient funds to cover his own maintenance requirement of £680(as he has been in the UK for 12 months or more)and maintenance for both you and your child£1890 x 2=£3780(as you have never been present in the UK).Therefore you are required to show£4460 held for 90 days to meet the requirements.

Need your suggestions please

[Momi]

You haven't read or unterstood the policy guidance.
Your family wasn't present in uk so you need £1890 for each of you dependants.
See what they say.

Family members of Tier 1 (General), Tier 1 (Entrepreneur) and Tier 1 (Post Study Work) migrants

52. 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 £1890 to support you; this is in addition to any funds the Tier 1 Migrant needs to prove they have enough money to support themselves.

53. If the Tier 1 Migrant has been in the United Kingdom for 12 months or more, you must have £630 to support yourself.
54. 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 £1890 for their spouse and a further £1890 for each child, in addition to £945 required for their own support. In total the family will require evidence that they hold £6615 in available funds (£1890 x 3 = £5670+£945).


55. 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 £2835 (£630 x 3 = £1890 + £945) in available funds.
56. If you are applying as the family member of a Tier 1 (Entrepreneur) migrant you cannot use the same funds to meet the maintenance requirement that the Tier 1 (Entrepreneur) used to meet the attributes requirement (appendix A of the Immigration Rules).

[qkiyani]

See what Mr Zmba88 says in a reply of same question as of mine

uk-tier-1-entrepreneur-visas/tier-1-ent ... T#p1468339

[Camel555]

See what Mr Zmba88 says in a reply of same question as of mine

uk-tier-1-entrepreneur-visas/tier-1-ent ... T#p1468339

In your link, I see no comment by Zimba that yous should follow this requirement as you did in you case, told by you above,

its clearly mentioned in the guideline posted above and in zimba's posts that you are supposed to have
1890 each for dependant which in your case is 1890*2=3780+680 for your own I,e, 3780+680=4460

A simple mistake can cost a lot, and IMO, even if zimba or any other member would have unintentionally provided wrong info, still the responsibility is on the applicant, you just have to read and read a lot, you are lucky that you are applying for UK visa as I feel the way UKVI has put policy and guidelines available, I think no other country has gone to such details in providing so much information,

[zimba]

What the guide says matches with what the immigration rules cover. Unless I am missing something, the visa officer made a mistake !??

Immigration Rules Appendix E: maintenance (funds) for the family of Relevant Points Based System Migrants

If the dependant application is CONNECTED to a Tier 1E migrant who has been here more than 12 months, the maintenance fee is £630:

(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:

(i) £1,260 in funds, where the application is connected to a Tier 1 (Graduate Entrepreneur) Migrant;
(ii) £1,890 in funds in other cases.

(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 £630 in funds.

Also you do NOT need to show maintenance for yourself UNLESS you are applying at the same time as your dependants:

(e) Where the Relevant Points Based System Migrant is applying for entry clearance or leave to remain at the same time as the applicant, the amount of funds available to the applicant must be in addition to the level of funds required separately of the Relevant Points Based System Migrant.

[qkiyani]

Thanx I was waiting for your reply Mr zimba88 .
So you saying entry clearance officer made a wrong decision and if i go to review the decision can i win or not ?

[10020132]

I would say he made a mistake because i applied for my wife in exactly the same situation where I was in Uk for many years but she was coming for first time. I just maintained £900 approx and it went well

[zimba]

My knowledge comes from the rules as I shared above and this is what the rules say. So you need to state in your AR that the visa officer failed to follow theses rules for PBS dependant.

[sameerb]

I too got dependent visa outside UK on £630 maintenance fund in 2013