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Short of maintenance fund in 3 out of 90 days

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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winwin95
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Short of maintenance fund in 3 out of 90 days

Post by winwin95 » Thu Aug 02, 2018 10:14 pm

Hi,

Currently I am holding a Tier 4 Visa and switching to Tier 2, sponsored by an 'A rated' sponsor. They are not willing to certify for my maintenance on my unrestricted CoS even after several attempts of persuasion. In my UK bank account I didn't have enough money to meet £945 requirement so I called Home Office to ask if I can combine the funds from my overseas bank. It turned out to be 'yes' and I then constructed a table to show the total available funds.

Out of 90 days, there is £7 short in 3 days in 6th, 7th and 8th July 2018.
Current Tier 4 visa expires on 9th October 2018
CoS expires on 4th October 2018
90 days after 9th July 2018 : 5th October 2018 (just 1 day after my CoS expires)

Home Office said I could write a cover letter explaining why it was £7 short in that 3 days. (The reason was because my family was travelling in UK and they took a lot of cash out from my account, at least £1000. The funds was deposited in again on the 9th October 2018.

My employer doesn't let me to start work if I don't apply the visa right now. I was supposed to start work on 1/8/2018, but due to this maintenance funds problem I couldn't submit the application.

Now I have few options:
1. Can employer extend the expiry date of CoS to maybe 7th October by writing a sponsor note? (Is this even possible?). This will be low risk if I apply on the 6th October.
2. Write the cover letter and explain why. This is quite risky and if the caseworker is really strict they will refuse my application.
3. Request my employer to get a new CoS without certifying for my maintenance. I can apply the visa on the 5th/6th October if I have a new CoS. (Would they get refund if I don't use the CoS reference number?

What options should I take and which one will have highest chance to success?
Thank you so much for your time to read this.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Short of maintenance fund in 3 out of 90 days

Post by cyclina1 » Fri Aug 03, 2018 12:16 pm

winwin95 wrote:
Thu Aug 02, 2018 10:14 pm
Hi,

Currently I am holding a Tier 4 Visa and switching to Tier 2, sponsored by an 'A rated' sponsor. They are not willing to certify for my maintenance on my unrestricted CoS even after several attempts of persuasion. In my UK bank account I didn't have enough money to meet £945 requirement so I called Home Office to ask if I can combine the funds from my overseas bank. It turned out to be 'yes' and I then constructed a table to show the total available funds.

Out of 90 days, there is £7 short in 3 days in 6th, 7th and 8th July 2018.
Current Tier 4 visa expires on 9th October 2018
CoS expires on 4th October 2018
90 days after 9th July 2018 : 5th October 2018 (just 1 day after my CoS expires)

Home Office said I could write a cover letter explaining why it was £7 short in that 3 days. (The reason was because my family was travelling in UK and they took a lot of cash out from my account, at least £1000. The funds was deposited in again on the 9th October 2018.

My employer doesn't let me to start work if I don't apply the visa right now. I was supposed to start work on 1/8/2018, but due to this maintenance funds problem I couldn't submit the application.

Now I have few options:
1. Can employer extend the expiry date of CoS to maybe 7th October by writing a sponsor note? (Is this even possible?). This will be low risk if I apply on the 6th October.

2. Write the cover letter and explain why. This is quite risky and if the caseworker is really strict they will refuse my application.
3. Request my employer to get a new CoS without certifying for my maintenance. I can apply the visa on the 5th/6th October if I have a new CoS. (Would they get refund if I don't use the CoS reference number?

What options should I take and which one will have highest chance to success?
Thank you so much for your time to read this.
As you are unrestricted CoS so you must earn 150000+ a year, thus you must be very senior level in the company. Just shocking that your employer refuse to guarantee your maintenance just for 1 month. Just issue a letter and say yes. And you even not really going to spend their money...... Maybe think twice to join the company like this......

Anyway, your employer needs new CoS, luckily you are unrestricted so no need to do nasty market test.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Re: Short of maintenance fund in 3 out of 90 days

Post by CR001 » Fri Aug 03, 2018 12:17 pm

cyclina1 wrote:
Fri Aug 03, 2018 12:16 pm
As you are unrestricted CoS so you must earn 150000+ a year, thus you must be very senior level in the company. Just shocking that your employer refuse to guarantee your maintenance just for 1 month. Just issue a letter and say yes. And you even not really going to spend their money...... Maybe think twice to join the company like this......

Anyway, your employer needs new CoS, luckily you are unrestricted so no need to do nasty market test.
Where does it state that this is the level of minimum salary required for an unrestricted CoS???
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Short of maintenance fund in 3 out of 90 days

Post by cyclina1 » Fri Aug 03, 2018 12:51 pm

CR001 wrote:
Fri Aug 03, 2018 12:17 pm
cyclina1 wrote:
Fri Aug 03, 2018 12:16 pm
As you are unrestricted CoS so you must earn 150000+ a year, thus you must be very senior level in the company. Just shocking that your employer refuse to guarantee your maintenance just for 1 month. Just issue a letter and say yes. And you even not really going to spend their money...... Maybe think twice to join the company like this......

Anyway, your employer needs new CoS, luckily you are unrestricted so no need to do nasty market test.
Where does it state that this is the level of minimum salary required for an unrestricted CoS???
Oh yes. In country switch is also unrestricted without salary requirement. Out of country is minimum 159600.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Posts: 88129
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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Re: Short of maintenance fund in 3 out of 90 days

Post by CR001 » Fri Aug 03, 2018 12:53 pm

cyclina1 wrote:
Fri Aug 03, 2018 12:51 pm
CR001 wrote:
Fri Aug 03, 2018 12:17 pm
cyclina1 wrote:
Fri Aug 03, 2018 12:16 pm
As you are unrestricted CoS so you must earn 150000+ a year, thus you must be very senior level in the company. Just shocking that your employer refuse to guarantee your maintenance just for 1 month. Just issue a letter and say yes. And you even not really going to spend their money...... Maybe think twice to join the company like this......

Anyway, your employer needs new CoS, luckily you are unrestricted so no need to do nasty market test.
Where does it state that this is the level of minimum salary required for an unrestricted CoS???
Oh yes. In country switch is also unrestricted without salary requirement. Out of country is minimum 159600.
You are mistaking the route the OP is applying under, which has clearly been stated, i.e. TIER 4 to Tier 2. The £159,600pa is ONLY applicable for Tier 2 ICT to Tier 2 Gen to avoid cooling off period!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

winwin95
Newly Registered
Posts: 2
Joined: Thu Aug 02, 2018 9:40 pm
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Malaysia

Re: Short of maintenance fund in 3 out of 90 days

Post by winwin95 » Sun Aug 05, 2018 10:36 pm

Hi cyclina1 and CR001,

Thank you for your reply. No my CoS is unrestricted because I'm switching from tier 4 to tier 2 visa. My annual salary is only 5 digits.
Anyway I just realised that I have another bank account in Malaysia so I guess I will be able to add the funds from that account to the other 2 accounts.

would they accept my account if it is idle for 2 years?

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