Regarding few immigration queries on Tier 2 PBS dependent visa extension refusal

[bhagsred]

Hi,

Good Morning.
This mail is regarding few immigration queries on Tier 2 PBS dependent visa extension refusal and guidance on how to proceed further for dependents visa.

We applied Tier 2 general (PBS) dependent extension (main applicant got ILR in the month of Nov’2018) in 1st week of Dec’2018. The visa applications (3 dependents) were refused due to insufficient funds in bank account for 90 days period (3*£630 = £1890 between Sept’2018 – Nov’2018). I submitted fund maintenance letter from my employer. Home office not accepted this saying the main applicant is with ILR. I gave different reasons why the savings in bank account fall below the minimum required (My ILR application fee, Dependent visa fee, IHS surcharge etc.), which they haven’t considered. I can show the required funds for maintenance now, 3 months back calculated (08 Jan’2019 – 08 April’2019).

The visa refusal informed by letter from home office and gave a chance for admin review. They haven’t returned the passports of all 3 dependents and mentioned BRP cards scrapped (as current visa’s expired on 20 Dec’2018).

Can you please suggest me how to proceed next. Here are the few options in my mind,

1. Administrative review (I Don’t expect any positive news from this)

2. Can I re-apply under same category (Tier 2 Gen (PBS) dependent extension)

3. The last option is applying under FLR (M) (clock resets to 0 for ILR and very expensive)



Please let me know your thoughts on the same.

Thanks,
Bhargav

[bhagsred]

Hi,

Good Morning.
This mail is regarding few immigration queries on Tier 2 PBS dependent visa extension refusal and guidance on how to proceed further for dependents visa.

We applied Tier 2 general (PBS) dependent extension (main applicant got ILR in the month of Nov’2018) in 1st week of Dec’2018. The visa applications (3 dependents) were refused due to insufficient funds in bank account for 90 days period (3*£630 = £1890 between Sept’2018 – Nov’2018). I submitted fund maintenance letter from my employer. Home office not accepted this saying the main applicant is with ILR. I gave different reasons why the savings in bank account fall below the minimum required (My ILR application fee, Dependent visa fee, IHS surcharge etc.), which they haven’t considered. I can show the required funds for maintenance now, 3 months back calculated (08 Jan’2019 – 08 April’2019).

The visa refusal informed by letter from home office and gave a chance for admin review. They haven’t returned the passports of all 3 dependents and mentioned BRP cards scrapped (as current visa’s expired on 20 Dec’2018).

Can you please suggest me how to proceed next. Here are the few options in my mind,

1. Administrative review (I Don’t expect any positive news from this)

2. Can I re-apply under same category (Tier 2 Gen (PBS) dependent extension)

3. The last option is applying under FLR (M) (clock resets to 0 for ILR and very expensive)



Please let me know your thoughts on the same.

Thanks,
Bhargav

Hi All,
Can any please respond to the above query. Dependents visa got expired and i am i need to apply for visa asap.

Thanks,
Bhargav

[CR001]

What did the letter from HO say about next steps??

[bhagsred]

What did the letter from HO say about next steps??

Hi,
Thanks for responding. The letter from home office gave option for administrative review, incase i think any error made in decesion.

Also they mentioned, incase i wish to apply for leave to remain in another capacity, i must do on appropriate application form with appropriate fee.
Lastly, if i am not applying for administrative review and do not have any other legal basis to remain the united kingdom dependents may need to leave the country.


Please suggest me way fwd and under which category i can extend my dependents visa.

Thanks,
Bhargav

[CR001]

So you either reapply as Tier 2 dependent or your switch them to FLR(M).

[bhagsred]

So you either reapply as Tier 2 dependent or your switch them to FLR(M).

Can i reapply as tier 2 dependent? This option is more beneficial for me as it is less expensive and they can apply for ILR in another 1 year.

[CR001]

Yes if they meet the requirements. If approved, the period of overstay should be disregarded for ILR.

[bhagsred]

Yes if they meet the requirements. If approved, the period of overstay should be disregarded for ILR.

Thank you.
What requirements do they need to meet, can you please let me know.
I maintained sufficient funds for 90 days back calculated from the month of Jan'19 to April'19.
Sorry for asking too many questions.