Would appreciate your assistance with a query around an onerous application form through the UKBA.
Background: My wife, who is currently on Tier 5 Youth Mobility Scheme is applying for a Tier 2 dependent visa and I am a Tier 2 general visa holder. I have been in the United Kingdom on this visa for almost the last 4 years. I was issued an initial 3-year work permit before coming to the UK and then renewed this in August of 2017, extending its validity until November of 2020.
Relating to maintenance - My employer did certify me for maintenance on the initial Certificate of Sponsorship but did not when they issued a CoS for me to renew my visa. On my visa renewal application, it also notes that I did not need to provide proof of maintenance because I “had current leave in Tier 2 general leave to remain.” (quoting the visa application form).
The reason this background is relevant is because this exempts my wife from providing proof of maintenance, as noted in the PBS guidance Points Based System (Dependant) - Policy Guidance, section 83 it notes (quoted directly, my underline added):
“If you apply separately from the main applicant you will need to have the necessary funds to meet the maintenance requirement or have a written undertaking from an A-rated Sponsor, unless the main applicant already had leave in a Tier 2 category and when applying for their most recent period of Tier 2 leave was not required to show evidence of satisfying maintenance requirements.”
The problem: The problem is that, when we go to fill out the online application form, it requires my wife to confirm which documents she will provide to show that has the funds required for maintenance. This is not an optional field, and the form requires users to select one of the options (bank statements, building pass, letter from financial institution) before they are allowed to proceed.
However, as noted above, she does not need to provide any kind of maintenance at all, so it seems odd to require this. She also does not have bank statements showing savings of GBP 630 for the past three months (we only became aware of the requirement last week and were not managing the bank account to cover this).
The other problem occurs when one clicks through the form and is then required to certify that they will provide proof of maintenance in the form of bank statements and proof that she has had the amount on her bank account. Again, this is required by the form and it is not possible to click through without certifying this, but my wife is not able to provide this information.
Could anyone please help? Possible options we see around this are:
- Should we click through the form certifying that we will provide the documents and then not provide them? We could then maybe include an explanation on a cover letter with the accompanying documents sent via post?
- Can I provide my bank statements showing the required level of savings?
- Would it be possible for me to change my account with the required maintenance to become a joint account, or would this look suspicious?
Many thanks for your help!
