Maintenance requirement

[nahtehcerehs]

Hi,
I am in my final year of PhD in London, and my visa expires on the 31st of January 2018. My husband is currently a dependent on my visa. My course has been extended until the 16th of July (for 6 months). We intend to extend our visa for this duration and for this purpose, have held (1265X6 + 845x6) pounds in our account for 28 days. But we have just been adviced by my university that my husband should have held 845X9 pounds as mainatance funds. But when we contacted home office on two different occassion, they maintained that maintance funds for 6 months is sufficient for my husband as well. Please could you advice which of this is true.

Also, in the event of us making our application together, if the 9 months condition is true, would both of us be refused visa? If that's the case, can he leave the country and can I appeal against my decision independently? Is there any likeihood of me being granted leave and him being refused? Kindly advice. Thank you!

[sah10406]

We intend to extend our visa for this duration and for this purpose, have held (1265X6 + 845x6) pounds in our account for 28 days. But we have just been adviced by my university that my husband should have held 845X9 pounds as mainatance funds. But when we contacted home office on two different occassion, they maintained that maintance funds for 6 months is sufficient for my husband as well. Please could you advice which of this is true.

As always, the Home Office is wrong. I feel bad for international student advisers. They are trained and regulated professional immigration advisers, yet their clients (students) trust untrained, unregulated and uncaring Home Office staff more than the adviser. Home Office staff are notorious for giving out wrong information off the top of their head. If you really must seek advice from the Home Office, and then act on it, always ask for the name of the person you are speaking to, and the reference to the immigration rule or guidance they are looking at. They might then go away and get the right answer.

Given your confusion, I am surprised your adviser did not explain why there is a difference. Or perhaps they did. It's because a student's number of months is pegged to the length of their course (in this case 6 months), while a dependant's number of months is pegged to the length of the visa they are applying for (in this case 10 months). In both cases it is a maximum of 9 months.

See paragraph 85 of the policy guidance for PBS dependants:
https://www.gov.uk/government/publicati ... rs-1-2-4-5

Also, in the event of us making our application together, if the 9 months condition is true, would both of us be refused visa?

If that's the case, can he leave the country and can I appeal against my decision independently?

Is there any likeihood of me being granted leave and him being refused?

If your dependant doesn't show enough money, both your applications would be refused under Appendix E, paragraph (l). I assume your international adviser explained this. It would be a correct refusal, so you would not have any grounds for an administrative review of the decision.

See https://www.gov.uk/guidance/immigration ... m-migrants

[nahtehcerehs]

Thank you very much for your reply. So my husband will leave the country immediately, hold sufficient funds in his account, wait for my visa to come through and then apply from India. I hope this is a possible option? Kindly let us know. Thank you!

[sah10406]

So my husband will leave the country immediately, hold sufficient funds in his account, wait for my visa to come through and then apply from India. I hope this is a possible option? Kindly let us know. Thank you!

Strongly advise you speak to the international student adviser again to decide your plan.

[nahtehcerehs]

Hi,
My current Tier 4 Visa expires on the 30th of January and I am applying for an exension for 6 more months. My new CAS states the start date as 31st of January. If I apply for an extension before the 30th using this CAS, will my application be rejected? If so, will I be able to leave the country before the 30th and apply from my home country to come back? Kindly help. Thank you.

[sah10406]

If I apply for an extension before the 30th using this CAS, will my application be rejected?

No, but if you have any questions about your upcoming application best speak to your Tier 4 sponsor direct.

[CR001]

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[nahtehcerehs]

Given your confusion, I am surprised your adviser did not explain why there is a difference. Or perhaps they did. It's because a student's number of months is pegged to the length of their course (in this case 6 months), while a dependant's number of months is pegged to the length of the visa they are applying for (in this case 10 months). In both cases it is a maximum of 9 months.

Thank you very much once again. Please may I request a clarification? Clause 85 of the guidance says "for the period you would be granted leave if your application were to be successful", does this mean that I'm given an extra month or 4 months (as mine is a PhD course), the dependent would need up to 9 months of maintenance funds? Since my course is extended or 6 months only, wouldn't it imply that we need maintenance for only 6 months? Sorry for going on bout it, there is a time constraint and my university is not available at the moment. Thank you.

[nahtehcerehs]

Hello,
My husband is applying as a Tier 4 dependent to join me. He is currently in India and is making an application separately from me (I already have entry clearance and am currently in the UK). I have been holding 9x 845 GBP in MY ACCOUNT (not his) for 28 days. Can I use this as evidence to support his appliction? Will he need money in his own name? Kindly advice.

Thank you!

[sah10406]

The requirement for the person in whose name the money must be held is in the Immigration Rules, Appendix E, paragraph (f)(ii):

(f) In all cases, the funds in question must be available to:
(i) the applicant, or
(ii) where he is applying as the partner of a Relevant Points Based System Migrant, either to him or to that Relevant Points Based System Migrant, or
(iii) where he is applying as the child of a Relevant Points Based System Migrant, either to him, to the Relevant Points Based System Migrant or to the child’s other parent who is lawfully present in the UK or being granted entry clearance, or leave to enter or remain, at the same time;

https://www.gov.uk/guidance/immigration ... m-migrants

It is also explained in the PBS Dependant Policy Guidance, paragraph 105:
https://www.gov.uk/government/publicati ... rs-1-2-4-5

[CR001]

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Topics merged again!!