My Brother had hearing date today!

[mmc]

Hello,
My brother visa was refused on the basis of not maintaining maintenance funds. He got all points except for maintenance.

Long story short!
48k held in personal account from 01/08/2012.
6k added on the 10th of Dec 2012 = £54k.
Application submitted on 10th Jan 2013 with total funds of £54k end balance and got refusal.

Today at his hearing the HO solicitor said, that he should have £50900 for 3 connectives months.

Guys is there any rule in Tier 1 ent, which says, that your business funds should be kept for 3 consecutive months like maintenance funds ?

My brother solicitor said to Judge that there is no rule in the guideline. Judge said, I will answer in three weeks time.


Please comment ???

Many thanks

[top]

if He said so for whole amount which is 50900 he does not know about their own policy..if he said 900 only to have held in an account for 3 months would have been right but you seem to have already had 10 points for the maintenance.

in some previous cases or the comments made by members within this forum I noted that Home office representatives the way they deal with a case their knowledge about their own policies is insufficient so are incompetent to do what they are actually doing.

following policy you had 50,000 available to use for your business as you provided evidence it seems hard for a judge to uphold a decision made by case worker only if 50,000 controversial however as you say a word maintenance was used which leads me to conclude that your brother did not provide a separate statement money 900 to have been available for a period as 90 days or provided an evidence with a combined amount of 50,000 in addition to 900 not showing 900(specifically) separately for a period as 90 days as policy demands. a word maintenance could not have otherwise been used.

thanks..

[Mr Legal]

Hello,
My brother visa was refused on the basis of not maintaining maintenance funds. He got all points except for maintenance.

Long story short!
48k held in personal account from 01/08/2012.
6k added on the 10th of Dec 2012 = £54k.
Application submitted on 10th Jan 2013 with total funds of £54k end balance and got refusal.

Today at his hearing the HO solicitor said, that he should have £50900 for 3 connectives months.

Guys is there any rule in Tier 1 ent, which says, that your business funds should be kept for 3 consecutive months like maintenance funds ?

My brother solicitor said to Judge that there is no rule in the guideline. Judge said, I will answer in three weeks time.


Please comment ???

Many thanks

The objection of presenting officer at hearing is wrong.You don't need to show investment funds for 90 consecutive days,however,you must provide that you have maintained your maintenance which is £900,for 90 consecutive days.If you had this maintenance amount for 90 days apart from your investment funds,you should be fine and you will get your appeal approved.

There is no rules at the moment which requires an applicant to show iinvestment funds for 90 consecutive days.

[KickAss]

I don't see any thing wrong in this
u had 900 GBP for more than 3 months and same account had 50K+ while you applied.
I dont remember any rule saying that you cannot have money in same account .......Only rule I know is that
maint. funds + investment funds must be >= 50900.

Hello,
My brother visa was refused on the basis of not maintaining maintenance funds. He got all points except for maintenance.

Long story short!
48k held in personal account from 01/08/2012.
6k added on the 10th of Dec 2012 = £54k.
Application submitted on 10th Jan 2013 with total funds of £54k end balance and got refusal.

Today at his hearing the HO solicitor said, that he should have £50900 for 3 connectives months.

Guys is there any rule in Tier 1 ent, which says, that your business funds should be kept for 3 consecutive months like maintenance funds ?

My brother solicitor said to Judge that there is no rule in the guideline. Judge said, I will answer in three weeks time.


Please comment ???

Many thanks

[rehan01]

Totally Agree with KickAssssss Explanation .... (As Always Kicked it Perfectly


regards

I don't see any thing wrong in this
u had 900 GBP for more than 3 months and same account had 50K+ while you applied.
I dont remember any rule saying that you cannot have money in same account .......Only rule I know is that
maint. funds + investment funds must be >= 50900.

Hello,
My brother visa was refused on the basis of not maintaining maintenance funds. He got all points except for maintenance.

Long story short!
48k held in personal account from 01/08/2012.
6k added on the 10th of Dec 2012 = £54k.
Application submitted on 10th Jan 2013 with total funds of £54k end balance and got refusal.

Today at his hearing the HO solicitor said, that he should have £50900 for 3 connectives months.

Guys is there any rule in Tier 1 ent, which says, that your business funds should be kept for 3 consecutive months like maintenance funds ?

My brother solicitor said to Judge that there is no rule in the guideline. Judge said, I will answer in three weeks time.


Please comment ???

Many thanks

[mmc]

if He said so for whole amount which is 50900 he does not know about their own policy..if he said 900 only to have held in an account for 3 months would have been right but you seem to have already had 10 points for the maintenance.

in some previous cases or the comments made by members within this forum I noted that Home office representatives the way they deal with a case their knowledge about their own policies is insufficient so are incompetent to do what they are actually doing.

following policy you had 50,000 available to use for your business as you provided evidence it seems hard for a judge to uphold a decision made by case worker only if 50,000 controversial however as you say a word maintenance was used which leads me to conclude that your brother did not provide a separate statement money 900 to have been available for a period as 90 days or provided an evidence with a combined amount of 50,000 in addition to 900 not showing 900(specifically) separately for a period as 90 days as policy demands. a word maintenance could not have otherwise been used.

thanks..

The only thing which made the case worker confused is that my brother has only one account and he held maintenance and business funds in the same account, which is also joint with his partner.

But you can have only one account to show both Business & maintenance funds. My brother clearly explained in a separate cover letter with two copies of bank statements, one for maintenance and one for business funds. I don't know why these case workers are incompetent.

Again my brother had 54k by the time he was submitting his application.

His partner maintained his maintenance funds in his separate account. He got full points, but he has been refused because of (My brother) has been refused.



One more point, that all bank statements have been presented to the Judge showing the dates, total amount, final balance etc.

Thanks Guys for your comments, Lets see the outcome of an appeal. I will post the result once we get the appeal decision.

Rgds
MMC

[top]

so it was or is an entrepreneurial team application.

If you get asked to provide a clear evidence which should show money 900 specifically yours in that said joint account before actual 50,000 what would it be?

the presented statements showing the money 900 on top of 50,000 available for 3 months in joint account stating money to have been available for 3 months but if 900 specifically belong to one of team members for a seek of strengthening your argument in appeal how would one know the 900 in combined account are yours when all funds held in joint account?

[mmc]

so it was or is an entrepreneurial team application.

If you get asked to provide a clear evidence which should show money 900 specifically yours in that said joint account before actual 50,000 what would it be?

the presented statements showing the money 900 on top of 50,000 available for 3 months in joint account stating money to have been available for 3 months but if 900 specifically belong to one of team members for a seek of strengthening your argument in appeal how would one know the 900 in combined account are yours when all funds held in joint account?

Total amount before 50k was 48k held from 01 Aug 2012 till 30th of Dec 2012. Then 6k added to 48k on the 30th of Dec to make it 54k and application submitted 10 days later ie on the 10th of Jan 2013.

Hope the above answer is clear.

[top]

Please give it a re-read as your answer is far off from what is actually being asked you can choose not to reply but for a seek of those who in same or similar situation betterment please re-read it and then make an answer.

thanks

[mmc]

Please give it a re-read as your answer is far off from what is actually being asked you can choose not to reply but for a seek of those who in same or similar situation betterment please re-read it and then make an answer.

thanks

It was an ent team application.

48k in joint account from 4 months should cover 900 maintenance and 6k added later on.

It is due to having a one bank account, though it would have been very nice to have a separate bank account for maintenance, there wouldn't have been any issue then. Confusion part is that Case worker didn't understand that you can have maintenance funds and business funds together in the same account.

Thats what the HO presenting Officer said in the court that you should have 50900 all together from consecutive 3 months.


Hope the above answer is clear to you. Let me know if you need more details.



Thanks

[top]

I understand and respect all that you wrote but talking realistically you still have not come up with an evidence or firm argument that money(900) to be yours in a joint account, you keep saying money being there for required time as 90 days... totally acceptable and understood but you claimed money to be yours in a joint entrepreneur team account is what you need to prove is a question I repeatedly asked.

I hope you you get it done in your favor but before that you need to understand what the problem and solution for it is..

Kind Regards,


Can I ask other readers to have their say on it please

[Olasunkanmi]

I understand and respect all that you wrote but talking realistically you still have not come up with an evidence or firm argument that money(900) to be yours in a joint account, you keep saying money being there for required time as 90 days... totally acceptable and understood but you claimed money to be yours in a joint entrepreneur team account is what you need to prove is a question I repeatedly asked.

I hope you you get it done in your favor but before that you need to understand what the problem and solution for it is..

Kind Regards,


Can I ask other readers to have their say on it please

@ Top, u seem to be getting d whole argument in a different direction, as long as he has more than £900 in the account for more than 90days before application and then £50000 + £900 before application, then he has meet the requirement and the decision of the caseworker shows how incompetent most caseworkers are.

The appeal should be positive except if the judge shows similar incompetency as the caseworker.

[mmc]

I understand and respect all that you wrote but talking realistically you still have not come up with an evidence or firm argument that money(900) to be yours in a joint account, you keep saying money being there for required time as 90 days... totally acceptable and understood but you claimed money to be yours in a joint entrepreneur team account is what you need to prove is a question I repeatedly asked.

I hope you you get it done in your favor but before that you need to understand what the problem and solution for it is..

Kind Regards,


Can I ask other readers to have their say on it please

well, as for as the evidence and show the maintenance funds, then I believe you can show maintenance funds from your joint account as well. If you see the guide line. So he mentioned in a covering letter all this.

[Olasunkanmi]

I understand and respect all that you wrote but talking realistically you still have not come up with an evidence or firm argument that money(900) to be yours in a joint account, you keep saying money being there for required time as 90 days... totally acceptable and understood but you claimed money to be yours in a joint entrepreneur team account is what you need to prove is a question I repeatedly asked.

I hope you you get it done in your favor but before that you need to understand what the problem and solution for it is..

Kind Regards,


Can I ask other readers to have their say on it please

well, as for as the evidence and show the maintenance funds, then I believe you can show maintenance funds from your joint account as well. If you see the guide line. So he mentioned in a covering letter all this.

@ mmc, are u saying that your brother submitted the evidence of maintenance funds with an account which is joint with his entrepreneurial team member?

[desibabu]

Hopefully this should be a positive reply...as the funds have been maintained.....High hopes mate...just ask ur brother to relax for few more months...as HO is lazy in doing their work

[mmc]

I understand and respect all that you wrote but talking realistically you still have not come up with an evidence or firm argument that money(900) to be yours in a joint account, you keep saying money being there for required time as 90 days... totally acceptable and understood but you claimed money to be yours in a joint entrepreneur team account is what you need to prove is a question I repeatedly asked.

I hope you you get it done in your favor but before that you need to understand what the problem and solution for it is..

Kind Regards,


Can I ask other readers to have their say on it please

well, as for as the evidence and show the maintenance funds, then I believe you can show maintenance funds from your joint account as well. If you see the guide line. So he mentioned in a covering letter all this.

@ mmc, are u saying that your brother submitted the evidence of maintenance funds with an account which is joint with his entrepreneurial team member?

Correct.

Primarily this account belongs to my brother and his partner joined later on. I know it still be considered as a 50/50 ie joined account.
But my brother does not have 2nd bank account.

[Olasunkanmi]

I understand and respect all that you wrote but talking realistically you still have not come up with an evidence or firm argument that money(900) to be yours in a joint account, you keep saying money being there for required time as 90 days... totally acceptable and understood but you claimed money to be yours in a joint entrepreneur team account is what you need to prove is a question I repeatedly asked.

I hope you you get it done in your favor but before that you need to understand what the problem and solution for it is..

Kind Regards,


Can I ask other readers to have their say on it please

well, as for as the evidence and show the maintenance funds, then I believe you can show maintenance funds from your joint account as well. If you see the guide line. So he mentioned in a covering letter all this.

@ mmc, are u saying that your brother submitted the evidence of maintenance funds with an account which is joint with his entrepreneurial team member?

Correct.

Primarily this account belongs to my brother and his partner joined later on. I know it still be considered as a 50/50 ie joined account.
But my brother does not have 2nd bank account.

@ mmc, your brothers case is a very tricky one as he should have opened a separate joint account with the entrepreneurial team member for the 50k investment funds rather than putting his own personal maintenance funds in the same joint account with his entrepreneurial team member.

If he can prove that his maintenance funds was in his account for 90days before his entrepreneurial team member joined his account and the bank statement not more than 3months old before the submission of his application, then he might be able to defend it, but its still tricky in my opinion.

[rehan01]

As per my understanding ...... and as explain by kickassss earlier .....


there is nothing wrong in this at all as long as you have maintained 900 for maintenance for the required time period (90 days) and at the time of submission of application and if the balance is 50900 then there is nothing wrong at all even if its joint account.

Also check Application form

Section 5 - Consent for the Home Office to Request Verification Checks

there is a reason why this section is there in application form.


regards

[Lola22]

I agree with Top.

Let's try and be logical here.


The whole funds (54k) are in a joint account.

The joint account belongs to a team of two individuals.

The team of two individuals have equals access to the account (54k).

So, the whole funds (54k) equally belongs to the two individuals without any reservation.

If all these statement is true, then it is true that you both pass the test of investment funds only. If all or some of the statement is not true then, you have not satisfied the requirement for investment funds and not likely going to satisfy maintenance funds.

What your brother needs now is favour and a good solicitor.

In a logical sense, your brother has only proved to have investment funds but there is always a way round it. He has got 50/50 chance to win and I wish him good luck.

If he does not get a favourable outcome, he should appeal if he has the right to appeal and if possible open a personal account now while waiting. He has done a mistake but there is still possibility of winning if favour turns him.

Please, keep us informed of the outcome.

Good luck.

[top]

thanks Lola22

I think you the only who read it all through before making a comment.

his brother is waiting for the determination as hearing has a week ago been had.

he the one who posted did not ask for the solution to deal with the problem he rather kept saying the same thing over and over again.

If I were him I would have provided a declaration from other team member stating funds I fed into this account are not a penny over than 25,000. everything which included 900 after 25,000 belong to my team member and I have provided these funds to our joint account on this date and that is it.

I think he should be able to use it if 1st tribunal lets him down it is, provided a good lawyer arguing, a case of evidence flexibility because he could have been asked to provide more supporting documents to prove money 900 as his in a joint account when he claimed to be his.

on top of all this is a genuine case..

thanks..

[mmc]

well, as for as the evidence and show the maintenance funds, then I believe you can show maintenance funds from your joint account as well. If you see the guide line. So he mentioned in a covering letter all this.

@ mmc, are u saying that your brother submitted the evidence of maintenance funds with an account which is joint with his entrepreneurial team member?

Correct.

Primarily this account belongs to my brother and his partner joined later on. I know it still be considered as a 50/50 ie joined account.
But my brother does not have 2nd bank account.

@ mmc, your brothers case is a very tricky one as he should have opened a separate joint account with the entrepreneurial team member for the 50k investment funds rather than putting his own personal maintenance funds in the same joint account with his entrepreneurial team member.

If he can prove that his maintenance funds was in his account for 90days before his entrepreneurial team member joined his account and the bank statement not more than 3months old before the submission of his application, then he might be able to defend it, but its still tricky in my opinion.

His team member joined his account in the month of dec 2012, and before that time, he had a sole account ie personal account.

[mmc]

As per my understanding ...... and as explain by kickassss earlier .....


there is nothing wrong in this at all as long as you have maintained 900 for maintenance for the required time period (90 days) and at the time of submission of application and if the balance is 50900 then there is nothing wrong at all even if its joint account.

Also check Application form

Section 5 - Consent for the Home Office to Request Verification Checks

there is a reason why this section is there in application form.


regards

At submission time total balance was 54k in total.

[mmc]

I agree with Top.

Let's try and be logical here.


The whole funds (54k) are in a joint account.

The joint account belongs to a team of two individuals.

The team of two individuals have equals access to the account (54k).

So, the whole funds (54k) equally belongs to the two individuals without any reservation.

If all these statement is true, then it is true that you both pass the test of investment funds only. If all or some of the statement is not true then, you have not satisfied the requirement for investment funds and not likely going to satisfy maintenance funds.

What your brother needs now is favour and a good solicitor.

In a logical sense, your brother has only proved to have investment funds but there is always a way round it. He has got 50/50 chance to win and I wish him good luck.

If he does not get a favourable outcome, he should appeal if he has the right to appeal and if possible open a personal account now while waiting. He has done a mistake but there is still possibility of winning if favour turns him.

Please, keep us informed of the outcome.

Good luck.

You can show your maintenance funds from your sole as well as your joint account, see in Guide lines. So he showed both maintenance and business funds in one joint account. which is fine and more than the required funds.

[mmc]

thanks Lola22

I think you the only who read it all through before making a comment.

his brother is waiting for the determination as hearing has a week ago been had.

he the one who posted did not ask for the solution to deal with the problem he rather kept saying the same thing over and over again.

If I were him I would have provided a declaration from other team member stating funds I fed into this account are not a penny over than 25,000. everything which included 900 after 25,000 belong to my team member and I have provided these funds to our joint account on this date and that is it.

I think he should be able to use it if 1st tribunal lets him down it is, provided a good lawyer arguing, a case of evidence flexibility because he could have been asked to provide more supporting documents to prove money 900 as his in a joint account when he claimed to be his.

on top of all this is a genuine case..

thanks..

My brother team partner joined his account in Dec 2012, before that time, account was sole and only show my brother name on it with 48k funds in.

I don't know, why don't you get my point!

[Olasunkanmi]

@ mmc, these are your points if am not wrong,


---- 48k held in your brother's sole personal account from 01/08/2012 - Dec 2012,
---- Team partner joined his account in Dec 2012,
---- 6k added on the 10th of Dec 2012 = £54k
---- Application submitted on 10th Jan 2013 with total funds of £54k in joint account.

If all the above are correct then your brother has a good chance of winning his appeal on the condition that his lawyer was able to explain clearly to the judge the ffg facts;

(1) Your brother maintenance fund need to be shown for 90 consecutive days, then prior to team member joining account, your brother's 90days maintenance with his sole name showing on the statement can be between 10/09/12 - 10/12/12 because application was submitted on 10/01/13 and statement should not be more than 1month old. So he should get a bank statement that show only his name for this period only.

(2) As team member joined account in December 2012, and application was submitted on 10/01/13 with joint account which has 50k required funds for both team members. Also let your brother get another bank statement with date 08/01/13 showing the full 50k funds before application was submitted and also both names as joint holder on the account. This should cover them as there is no law that state investment funds should be in account for 3months.

Their case would have been easy if they haven't mixed up both team member's account to show both investment funds and maintenance at the same time because some caseworkers are very incompetent and are always looking for silly mistakes on the application. Hopefully, the judge wont be as silly as the caseworker.

I hope this analysis help.