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Maintenance Fund __ Urgent Reply

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Rainbowsky
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Posts: 3
Joined: Thu Jun 03, 2010 1:00 am

Maintenance Fund __ Urgent Reply

Post by Rainbowsky » Thu Jun 03, 2010 1:20 am

Hi
I applied for Leave to remain and I got refused on the basis of maintenance fund. My personal saving in the past 90 day shows balance less than 800 pound. So I used my Business account to show the maintenance fund requirment. The HO refused my application that the business acccount is not one of the document in the policy guidance and it is not held in my name.
So I am going to appeal against the decision. Could you please share me anyone with the same experiece? How long the process could take and what could be the basis of my arguement.
Please note
_ my visa has already expired
_ I own the Company 100%

I visited two solicitors who gave me contrasting ideas. One say the money is not yours it is the Company money and the other say we can say it is your money.
Considering the short period of time I have got please help me out

txs

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Jun 03, 2010 9:47 am

Business is a separate entity and the money in the business account belongs to the business, not you - even if you may be the 100% owner of that business.

For any money, that you claim, to be yours has to be in your (personal) account.



regards

Rainbowsky
Newly Registered
Posts: 3
Joined: Thu Jun 03, 2010 1:00 am

Maintenance Fund

Post by Rainbowsky » Thu Jun 03, 2010 12:17 pm

Hi
I thank you for your reply.
On my personal saving account £800 is not there for 90 days.
On June 25 it will be 90 days on my saving account. But I cant wait till then because my visa has already expired.
So this is the reality I am in now. Can you advise on my option hereforth?
Have I got any chance left for me? I will definately appeal but what could be the basis of my arguement?
Anyone who has gone through same experience, please help.

Txs

kmore97
Member
Posts: 156
Joined: Sun Oct 07, 2007 1:38 am

Re: Maintenance Fund __ Urgent Reply

Post by kmore97 » Wed Jun 09, 2010 3:11 pm

I'm scared after hearing it.

I have just applied for the dependent visa for my new born and shown my business account for maintenance fund.

Before doing this, I called customer service. Her answer was - a clear yes, I can show business account for maintenance.

Then I wrote an email for confirmation to customer service and got an an ambiguous answer -

"Please be advised if the limited company bank account is in your name, then you may use the bank statements to show your maintenance funds. However, if the limited company bank account is not in your name then you will be unable to use this account."

Then I called customer service and told her about this email. I explained her - that I have got a letter from my bank that states, the account is held my me and my wife in the name of business <xyz> and we together have full access to the account. I asked the customer service person if this letter is enough to establish that the account is in my name.

She said again - yes.

With this interaction with customer service (I have quoted this in covering letter), I have sent my application of my baby and now I'm keeping my finger crossed.


Regards,
Kiran
Rainbowsky wrote:Hi
I applied for Leave to remain and I got refused on the basis of maintenance fund. My personal saving in the past 90 day shows balance less than 800 pound. So I used my Business account to show the maintenance fund requirment. The HO refused my application that the business acccount is not one of the document in the policy guidance and it is not held in my name.
So I am going to appeal against the decision. Could you please share me anyone with the same experiece? How long the process could take and what could be the basis of my arguement.
Please note
_ my visa has already expired
_ I own the Company 100%

I visited two solicitors who gave me contrasting ideas. One say the money is not yours it is the Company money and the other say we can say it is your money.
Considering the short period of time I have got please help me out

txs

Rainbowsky
Newly Registered
Posts: 3
Joined: Thu Jun 03, 2010 1:00 am

Post by Rainbowsky » Wed Jun 16, 2010 10:57 am

Dear Kiran,

Thank you for sharing me your experience.
The reason the HO gave on the refusal letter is that the business account is not in your name and it is not listed on the guidance as one of acceptable documents for maintenance fund.
In fact the account is not in my name but fully owened by me.
I lodged appeal and I'll see what will happen.
Please let me know HO response for your application. If it is positive that will help me to show to the judge.
From what i learnt in your case is that you have got contradictory response. So you might have the luck and get a positive response.
I wish you all the best!
Please let me know the out come of your application.

Thank you

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