Tier 1 Entrepreneurial extension Visa refusal, reason maintenance funds

[Waves123]

Hi Everyone,
 
I am looking for some immediate advice and guidance about my Tier 1 entrepreneur Extension visa refusal, in-terms of next steps I should take. I got a letter today from HO about the refusal which was because of the maintenance funds and points awarded was 0.
 
The text of the letter states the following:
 
"You have claimed 10 points for maintenance (funds) under paragraph 245DD(d) and Appendix C of the Immigration Rules but the Secretary of State is not satisfied that you have provided the specified documents to show you have been in possession of sufficient funds for the specified period, as laid out under Appendix C of the Immigration Rules.
 
Appendix C....
 
You Provided the following evidence:
  .Lloyds bank statement for the period 22 January to 11 April 2018.
 
You have not provided any personal bank statements to demonstrate that you have been in possession of at least £2205 of available funds for you and your two dependents, for a consecutive 90 day period ending no more than 31 days before the date of your application.
In line with Appendix C of the immigration Rules we have, therefore, been unable to award points for Maintenance (funds). "
 
I have always had 8k in the bank account and the mistake from my side was duration of the statement was short with a few days not completing the 90 day period. I need some clarity on whether I should go ahead and apply for an administrative review submitting the bank statement for 90 day period or do I make a fresh application in the same category.
 
Looking for some immediate guidance and any input will be much appreciated which can bring us out of this situation.
 
Warm Regards
Waves123

[umer.shahzad1]

Can u please share ur timeline

And maintanence time dates specifically

[zimba]

You answered your own question You did not provide the required documents (at latest 90 days of bank statements)
If you are ready to apply for a new application, better not waste time in AR

[Waves123]

Thanks Zimba for the reply. I did self-assessment at my end and following is the summary of what went wrong:
1. My application was refused for not getting points for the maintenance funds. Reason: My Personal bank statement was not sufficient.
2. My Explanations : I submitted two bank statements, one of Main applicant and One of dependent's (my wife's personal bank statement).
a. My Original Personal Current Bank statement was dated 25 Apr 2018. From 16 January 2018 to 25 April 2018. It covers a Total duration of 100 days.
b. Minimum balance in the account has always been higher than £2205 for the whole duration.
iii Its showing all the transactions and the closing balances in between the above two dates.
iv The money in the account is sufficient for me and my two dependents.

Summary: Based on this evidence I should have been awarded the required 10 points for maintenance funds. The case Worker has totally neglected the primary evidence (Main applicant's Personal bank statement) mentioned in point 2 above, though it was clearly mentioned in the cover letter (with account number and date) & page 58 of the main applicant form.

The second bank statement is of my wife's personal bank account was just an additional supporting document and since I am meeting the requirement with my bank account as shown in point 2 above, it was not needed to support my case. However my wife's statement also is for 90 days period as It was produced in Local Lloyds bank Branch on 11 Apr 2018 for the last 90 days. Since there were no Transactions between 11 Jan 2018 - 22 Jan 2018 hence it's not showing any transactions for that period in the statement, which led the Case-worker to the assumption that the statement was from 22 Jan 2018, rather than 11 Jan 2018 which is not true. If required I can provide an annual bank statement proving my above point.

Lloyd's bank statement format doesn't have any column to show the To to From date in the bank statement printed in the Bank Branch and it's a fixed format which can't change. But if UKBA contact bank they can also verify my point about my Wife's bank statement.

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With the above explaination I have applied for the AR, please let me know was it the right move..

[zimba]

Ok now that you explained it properly, it looks like a CW error. This is why we ALWAYS advise against sending additional unnecessary docs which could confuse the CW and work against you. If your personal account statements were enough you should just stick to those.

[Waves123]

Thanks Zimba for your quick reply. Do you know what is the response time for AR in cases like this as we scored points in all other areas.

[zimba]

On average a month

[Waves123]

Thanks...I will keep you posted about the outcome of AR.

[Waves123]

Dear All,
Thanks for all the help, I have a different question regarding the dependents. I have applied for the administrative review for my Visa application. Now my dependents Visa was rejected on the ground that My, Main applicant Visa was rejected.

Assuming that my case is decided in my favour, will my dependents visa also be automatically reviewed and approved or do I need to apply for the review for them as well seperately and if I do need to apply for the AR, whats the reason should I give - Two options please advice which is better:
1 - Just say I have applied for AR for the main applicant and please consider this in that light
2 - Justify and explain the main application reason for review.

Thanks in advance....

[marcnath]

Dear All,
Thanks for all the help, I have a different question regarding the dependents. I have applied for the administrative review for my Visa application. Now my dependents Visa was rejected on the ground that My, Main applicant Visa was rejected.

Assuming that my case is decided in my favour, will my dependents visa also be automatically reviewed and approved or do I need to apply for the review for them as well seperately and if I do need to apply for the AR, whats the reason should I give - Two options please advice which is better:
1 - Just say I have applied for AR for the main applicant and please consider this in that light
2 - Justify and explain the main application reason for review.

Thanks in advance....

If each dependant got a separate letter with the option for AR, then I assume you should submit an AR for them. I am not absolutely sure about this, but I would have thought it more logical that you would have been able to submit a combined AR. The concern would be that your dependants lose the Section 3C protection would be lost if they do not submit an AR themselves.
Why not do both 1 and 2 ?