my dependants visa rejected and I'm in UK, showed 800 for me

[reddybbn]

Hi All,

I've applied for dependants visa for my wife and daughter and I'm staying for less than one year in UK.

Funds I've showed.

1600+1600+800 (main applicant) =4000 GBP

I got a letter saying that for main applicant it should be 2800, so total should be 6000 GBP

Can somebody please help me in this situaiton.

Application date:08-Aug-2011
Received date:18-Aug0-2011

Regards,
Narayana.

[reddybbn]

sushdmehta,

Can you please help me?

Please let me know if somebody can help me in this situaiton??

[Lucapooka]

This is for Tier 1, yes? If you have your visa and are applying only for the dependants then you need to show only money for them and not include yourself. If you are in the UK for less than 12 months that would be 3200 for two dependants. Unless there is something about your circumstances that you have not revealed?

[reddybbn]

I'm on Tier 1 Visa.

My wife has submitted a covering letter which says that I'm in UK.

other than 3 months bank statment which shows 4000GBP, she submitted following documents.

1) Phone bills from Jan-11 to Aug-11
2) My pay slips for last 4 months and corresponding bank statments
3) My flight tickets also.

the reason they gave is:

The Decision:

HSBC bank statement acct XXX0555 up to 23/6/11 and ICICI Bank balance confirmation letter; The minimum balance in your sponsor's HSBC bank account was 189.96 pounds on 20/6/11 and the minumum balance in your ICICI bank account was 4,192 pounds. Funds required are 2800 + 1600 *2 = 6,000 pounds. You have therefore not submitted satisfactory evidence of maintenance as described in published guidance.

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the above paragraph(s) of the Immigration Rules.

Regards,
Narayana.

[Lucapooka]

That's a wrong decision. Appendix E of the rules makes no mention that the PBS migrant in the UK has to show maintenance for him/herself in addition to the amounts required for the dependants who are now applying. That situation would only be necessary if the PBS migrant is applying at the same time as the dependant (which, in any case, is impossible now that the category is closed).

(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

You should seek an appeal on this and hopefully the ECM review will see it overturned sooner rather than it going to the FTT in the UK.

http://www.ukba.homeoffice.gov.uk/polic ... appendixe/

[singham]

I just contacted VFS customer care today and they confirmed that maintenance for main applicant will be 1600 and not 2800 or 800.

Now i am confused, which one to follow...

Seniors,please help how much mainteance fund needs to be maintained for thw main application(in uk for less than 6 months)

thnks

[Lucapooka]

You've hijacked someone's thread to ask a question that has already been answered.

[reddybbn]

sushdmehta/others,

Can you please suggest me, my next step?

Regards,
Narayana.

[Lucapooka]

It's been suggested that you appeal.

[mulderpf]

This has been discussed many times in the past, however, it is suggest that you appeal as the rules are not very clear.

From: Dependant's maintenance:

If the main Tier 1 (General) applicant or migrant has been in the UK for less than 12 months, you must show that you or they have at least £1,600 to support you, in addition to the funds needed to support them.
If the main applicant or migrant has been in the UK for 12 months or more, you or they must have at least £533 to support you.

The "funds needed to support them" would be the funds that you needed when you applied for your last visa. So if you recently applied for a Tier 1 from abroad that is £2800. However, this is causing a ton of confusion and I would suggest appealing. Otherwise, what is the point of applying for a visa together with your dependants - everyone would just wait until they arrive in the UK because you can then show a part of your own maintenance as your dependants maintenance.

On the contact centre page for VFS, it clearly states that VFS cannot provide immigration advice. So don't phone them for immigration advice, because more often than not, it seems like they get it wrong (even the UKBA's own staff cannot get it right all the time).

Bottom line: You need to show the same amount as you did for your own application in addition to what you are showing for your dependants. You do not automatically qualify to show less simply because you just arrived in the UK.

[Lucapooka]

I don´t agree with the above comment. The text he is quoting is in exclusive reference to situations when the PBS migrant is applying at the same time as the dependants. It´s the vague language taken from the application pre-ample on the website; not even from the official guidance document. However, Annex E of the rules (previously cited by myself), is perfectly clear on when the main applicant (the PBS migrant) needs to show maintenance and that does not include applications that are being made by dependants when the PBA migrant already has leave and is not applying at the same time. Your maintenance was covered in your application and your dependant´s maintenance will be covered in their application (made after yours). That´s all there is to it.

[reddybbn]

Also main confusion is

no 42 & no 44 from policy documnet.

44.For example, the Tier 1 Migrant has been in the UK for 6 months and is making an application 44. at the same time as his/her spouse and two children. He/she must show that he/she has £1600 for his spouse and a further £1600 for each child, in addition to £800 required for his/her own support. In total the family will require evidence that they hold £5600 in available funds (£1600 x 3 = £4800 + £800).

It shows clearly 800 but where as 42 says, this is in addition to any funds the Tier 1 Migrant needs to prove he/she has enough money to support himself/herself.

so as per this example it should be 800 but they are expecting 2800.

This is where we require more clarity.

Any suggestions !

[Lucapooka]

In the guidance, paragraphs 42 thru 45 refer to situations where the PBS migrant and the dependants are all applying at the same time. 46, however, (which you have not bothered to cite for us and perhaps overlooked), refers to situations where the dependant applies separately and clearly indicates that only their maintenance alone is necessary.