Refused on basis of dependent funds

[Twilight45]

Hi All please help me.

Applied in Aug 17
Complex letter sept 17
Ihs refund feb 18

I have applied with my dependent child.

My visa has been refused because my dependent maintainance funds is 86 days not 90 days. But my funds are for more than 90 days.

They have refused saying that both of out balance is not 90 days. They are counting total £1577 from the day my dependent maintainace start. I have been given AR. My solicitor said we can tell them to consider main applicant balance and on flexibility grounds give to child. And if not than refuse dependent, we will reapply.

My question is is there any rule that it should be in total? Or individually 90 days?.

Should i go for AR or fresh application.

Please help me.

[marcnath]

This is not very clear.

Did you submit two separate set of bank statements, one for 947 and the other for 630 ?

If it is one single statement, it is difficult to tell the CW how they should split the funds. You can try that, as your solicitor suggested.

How did you fall short by 4 days ?

[Twilight45]

Yes i submitted two seperate bank statements.

First my solicitor had adviced not put of dependent and than at the time of appication they told to apply as than dependent will be considered overstay. Thus the 4 days missing balance.

[marcnath]

Yes i submitted two seperate bank statements.

First my solicitor had adviced not put of dependent and than at the time of appication they told to apply as than dependent will be considered overstay. Thus the 4 days missing balance.

ok. Then your solicitor's approach should work

[Twilight45]

Yes i submitted two seperate bank statements.

First my solicitor had adviced not put of dependent and than at the time of appication they told to apply as than dependent will be considered overstay. Thus the 4 days missing balance.

ok. Then your solicitor's approach should work

Thanks.

Is there any rule that if there is any issue with dependent funds than all applications will be refused? Or is it something that they consider total funds if applied with dependents??

[marcnath]

Yes i submitted two seperate bank statements.

First my solicitor had adviced not put of dependent and than at the time of appication they told to apply as than dependent will be considered overstay. Thus the 4 days missing balance.

ok. Then your solicitor's approach should work

Thanks.

Is there any rule that if there is any issue with dependent funds than all applications will be refused? Or is it something that they consider total funds if applied with dependents??

None that I am aware of.

Of course, if there is not enough funds for main applicant, then the dependant's visa will be rejected also. But the other way should be ok.

If you had specifically mentioned which bank statement is for which applicant, then you would have a very strong argument.

Otherwise, HO can still argue that they took the total (since you are allowed to submit multiple bank statements to total any requirement), divided it in proportion to the needed funds and so did not meet both.

But worth trying and if not successful, go for a fresh application.

[Twilight45]

Yes i submitted two seperate bank statements.

First my solicitor had adviced not put of dependent and than at the time of appication they told to apply as than dependent will be considered overstay. Thus the 4 days missing balance.

ok. Then your solicitor's approach should work

Thanks.

Is there any rule that if there is any issue with dependent funds than all applications will be refused? Or is it something that they consider total funds if applied with dependents??

None that I am aware of.

Of course, if there is not enough funds for main applicant, then the dependant's visa will be rejected also. But the other way should be ok.

If you had specifically mentioned which bank statement is for which applicant, then you would have a very strong argument.

Otherwise, HO can still argue that they took the total (since you are allowed to submit multiple bank statements to total any requirement), divided it in proportion to the needed funds and so did not meet both.

But worth trying and if not successful, go for a fresh application.

Thanks very very much for ur response.

If i go for fresh application, will that time be considered as overstay?? Will it affect when i apply for ILR??

[marcnath]

Thanks very very much for ur response.

If i go for fresh application, will that time be considered as overstay?? Will it affect when i apply for ILR??

Yes, the period between refusal of your AR and the approval of your new application will be considered to be overstay.

However, it will not impact your ILR as that overstay will be ignored once the new application is approved.

[rooney0511]

Yes i submitted two seperate bank statements.

First my solicitor had adviced not put of dependent and than at the time of appication they told to apply as than dependent will be considered overstay. Thus the 4 days missing balance.

You should have sent your application first maybe 14 days before your expiry and your dependents on the last day, they would have granted your application. If your dependents case if refused you could have just put in a new application later.

OR

put in an FLR application and varied it after a couple of weeks when you have all the documents ready.

Solicitors. solicitors, solicitors just don't know why they don't provide all the available options to the applicants, that what you are paying them for. GOOD ADVICE.

[rooney0511]

Yes i submitted two seperate bank statements.

First my solicitor had adviced not put of dependent and than at the time of appication they told to apply as than dependent will be considered overstay. Thus the 4 days missing balance.

You should have sent your application first maybe 14 days before your expiry and your dependents on the last day, they would have granted your application. If your dependents case if refused you could have just put in a new application later.

OR

put in an FLR application ( Clearly mentioning the reason ) and varied it after a couple of weeks when you have all the documents ready.

Solicitors. solicitors, solicitors just don't know why they don't provide all the available options to the applicants, that what you are paying them for. GOOD ADVICE.