Dependent Visa - Maintenance requirement

[abdul_sky]

Hi Team,

I've already have ILR but my wife and child still in Tier 2 dependent visa. My question :

• Can I apply for extension under the Tier 2 visa ?

• If above is yes, the application is asking for Maintenance fund "Your documents must show you have had at least £630.00 in cash savings for 90 consecutive days.". I earn 75k per year but I don't have £1260 (630 *2) for 90 days in specific bank account and I can't reach out to my old sponsor (A-rated) for letter to cover the maintenance for my family. What option do I have here ?

• Can I use bank statement, payslip and letter for my current employer showing my earnings ?

• As another option, If I apply for the settlement route, are they going to lose the 3 years time they have already spent in the UK ?

[CR001]

1. Yes, PBS dependent visa.id they meet the requirements. It will be a 3 year extension. IHS for each dpednent is £1200 plus visa fee each.

2. Maintenance funds is mandatory. If you don't have it, the applications will be refused. If you cannot meet the maintnencae fund requirement, you might have to switch them to FLR M which will reset their clock for ilr and a new 2 X 2.5 year visa route.

3. No you cant. It must be £1260 held for a minimum of 90 days. It can be any bank account in either of your names, in the UK or abroad.

4. Yes, they will lose the time and start again from scratch with a new 5 year route to ilr.

When do their visa expire?

[abdul_sky]

It expires this month, I do have the amount £1260 but not in bank statement for 90 days.

Does the amount needs to be there and not withdrawn through out the 90 days ?

[CR001]

Does the amount needs to be there and not withdrawn through out the 90 days ?

It needs be held at the required level for whole 90 days, without dipping below the level at all.

[pintokhan17]

Just out of curiosity, can you not submit statements from 2-3 banks for the same period showing that the required amount was with you during the 90 days, split into different banks?

For instance, you have bank statement of Bank A showing your account did not drop below 400 pounds for 90 days, and bank statement of Bank B showing your account did not drop below 800 pounds for the same 90 days?

[CR001]

Just out of curiosity, can you not submit statements from 2-3 banks for the same period showing that the required amount was with you during the 90 days, split into different banks?

For instance, you have bank statement of Bank A showing your account did not drop below 400 pounds for 90 days, and bank statement of Bank B showing your account did not drop below 800 pounds for the same 90 days?

Yes it is possible. I have already advised that any bank statement in either of their names can be used.

[abdul_sky]

Thanks CR001.

I have the amount but didn't do the period of the 90 days and the application is due this month.

What I will submit with application is the following and see how it goes :

• Letter from my current employer (A-rated but not my current sponsor as I have ILR) that says they will cover the £1260

• Employment confirmation letter

• My bank statement that average £800 - £900 a month, also shows my salary

[CR001]

I have the amount but didn't do the period of the 90 days and the application is due this month.

Then the visa will fail.

What I will submit with application is the following and see how it goes :

• Letter from my current employer (A-rated but not my current sponsor as I have ILR) that says they will cover the £1260

• Employment confirmation letter

• My bank statement that average £800 - £900 a month, also shows my salary

This is irrelevant and will be disregarded. Your employer cannot certify maintenance funds. The rules are clear, of not you or your spouse can prove maintenance funds for 90 days.

[abdul_sky]

Yes, I am preparing for worst case scenario which is rejection by starting the 90 days from this month. By the time the current application get processed it will be around three months, I will re-apply again if they reject the current application. I rather lose the visa fee (IHS is refunded) then lose 3 years and reset the clock.

[CR001]

Unlikely the application will take 3 months. Once UKVI see the maintenance funds are not met, it will be an instant refusal and will likely only take a couple of weeks.

Date of application is the date you submit online and your supporting documents must be dated up to and including the application date.

[abdul_sky]

If they refuse the application, will I have a chance to re-apply again ? even my dependents BRP is expired ?

[CR001]

Yes, 14 days but she will be an overstayer and won't be able to work.

[abdul_sky]

Good to know, she is not working. Thanks for the support CR001