Technical questions regarding investment & maintenance funds

[enzo]

Hello everyone,

I would like to ask your opinions on a very technical argument regarding maintenance funds. I do apologise that it might be a quite long post as it is a complicated matter. Thank you if you read till the end.

When my PSW was expired in February 2013, I made an initial application under Tier 1 (Entrepreneur). My spouse and child, who was born in the UK, applied as my dependants at the same time. At that time, I had the investment fund of £50K and the required maintenance funds not less than £2,100, which were held in our UK bank accounts for 90 consecutive days, for three of us.

Unfortunately our applications were refused in April. We had appealed against the Home Office decision in the First Tribunal and the appeal was unsuccessful. We went to the Upper Tribinal, which also was unsuccessful. Even though our appeal was an extremely technical and arguable matter and we still could go the Court of Appeal, we have decided not to go because it would be a lengthy and costly court battle, the result of which is uncertain. I received the Upper Tribunal decision on 28 January 2014.

So, instead of going to the Court of Appeal, I have decided to make a fresh application for Tier 1 (Entrepreneur) with new evidences together with my dependants, using Sections 3C and 3D of the Immigration Act 1971. But I have only 12 days to do so under Sections 3C and 3D.

But, if I make a fresh application, I will face a new problem regarding maintenance funds. Since when the Home Office decision was made in April until now, we have used some of our maintenance funds, meaning that it has fallen below £2,100. Now maintenance funds for only two of us (£900 for main applicant + £600 for one dependant) fulfill the 90 consecutive days requirement if we use the same bank accounts that we used with our first applications in February 2013.

Before I ask my question, I need to explain few more things. In February 2013, our bank accounts were like this:

- My sole current account "A" had £50,000 for investment fund
- Our joint current account "B" had £2,200 for the maintenance funds of me and my daughter (£900+£600)
- Our joint account "C" had £700 for my spouse's maintenance fund

But NOW our bank accounts are like this:

- The account "A" has £49,000 for investment. It is less than £50k because I have spent around £1000 towards my business in the last 4 months. I will deposit back £1000, using our personal savings from back home to fulfill the 50k investment requirement. Actually, it has had minimum £49,000 since February 2013.
- At the moment our joint current account "B" has £3,500. But from the balance, only £1,200 qualifies the requirement of 90 consecutive days.
- The account "C" still has £700, which has not changed since February 2013.

The accounts, B and C have enough funds, which meet the 90 consective days requirement, for me, the main applicant, and one of my dependants. (£900+£600=1500)

So my questions are:

1. Can I use £600 from the account A, which has £50,000 as maintenance fund for the one of my dependants?

2. Can I use the fund of £600, which does not meet the 90 days requirement, from the balance of £3,500 in the the account B to complete £50,000 for investment fund as from £50,000, I would use £600 for the maintenance fund of one of my dependants?
The reason I am using £600 from the account A, which has £50,000 is that it has had minimum £48,000 for the last 12 months.

I would like to use 2 different accounts, A (£49,400) and B (£600) as accesses to the investment funds of 50k.
Basically, it means that I would use different bank accounts in my name to "mix and match" the requirements of investment and maintenance funds.

3. Guys, do you think it would conflict with any immigration rules and laws?

The only thing I found is the paragraph 168 of the Tier 1 (Entrepreneur) policy guidance. It says:

"168. You may not use the same funds to score points for investment funds and to score points for maintenance funds for yourself or your dependants."

But, if I am not wrong about the fact, I am not using the same funds to score points for investment funds and maintenance funds. Am I right or wrong? Or it must have something to do with my February 2013 application, saying that I am using the same funds from the account A for one of my dependants? But I think that it has nothing to do with my previous application as my initial application has been decided and I have no outstanding court appeal and I am making a fresh application.

Thanks in advance. Any advice will be appreciated. Good luck to you all.

[Princess of Ammi]

there is not anything within policy that requires you to have 50,000 for any certain time while maintenance funds have to be for a certain time as 90 days, any bank statement containing funds for 90 days with excess of an aggregate amount equal to your and dependents maintenance funds can be used for your 50,000 requirement purpose that means one of your bank statement containing 49,000 can be used for maintenance 1st and left overs towards 50,000. all amount to be shown should be equal to 50,000 plus maintenance funds and remember visa fee for you and your dependents are on top of that means maintenance funds plus, 50,000 plus, visa fee(s).
you would have to produce a covering letter as a supporting document explaining which statement is to be used for maintenance.

[Olasunkanmi]

@ enzo, the easiest option is for you to use bank account A for both investment and maintenance for all of you. As you have stated that account A has had a minimum balance of £49,000 since Feb 2013, so £2100 can be maintenance funds for the 3 of you from this account A and you should then transfer whatever amount you wish into this same account A to make the balance to go up to minimum of £52100 and this will solve the whole problem.

The law state that you cannot put £50,000 in account A and then rely on part of it for your £2100 maintenence funds, but if you put £52100 in account A, then you can use it to satisfy both investment funds and maintenance funds as long as £2100 of the £52,100 has been in account A for minimum of 90days. £50,000 does not have to be in account A for any minimum period, as long as 50k is available on the day of application and decision if they check then you should be fine.

[enzo]

Thank you for your replies, Princess of Ammi and Olasunkanmi.

@Princess of Ami, you said that on top of 50,000 and maintenance funds, visa fees are required. Why is that? Do visa fees have anything to do with maintenance funds or account balances? Since I would be paying our visa fees with my credit card, is it required to have funds for visa fees in my bank account?

Also, you guys said that I can use the account that held 49,000 since February 2013 for maintenance funds. Is it really OK to use some of it for our maintenance funds even though I submitted it as investment fund in my February application, which was refused? Does my old application affect my fresh application?

Thank you.