suse76 wrote:I used an online saver account for my maintenance funds & my current account for the previous earnings.
The letter of clarification I received from the HO states as below:
You have requested further clarification on the reasons for the refusal of your Tier 1 application.
You are correct in assuming that your application was refused due to lack of evidence of £800 maintenance funds. The requirements is that all applicants should have the required amount of funds, in your case £800, for the 3 months immediately prior to the application being made. The last statement provided must fall within one calender month of the application being made. In your case you applied on 29th January 2009, the most recent bank statement supplied ended on the 20th January 2009 therefore we would assess the period 21 October until 20 January as the one in which you would need to show maintenance funds.
The period to be assessed is always 3 months running back from the last statement provided no matter what sort of account that the statement is for. Therefore in your case although you had submitted evidence from your savings account the most recent statement was from your current account and thus it was from that one that we worked out the dates of the period to be assessed.
For further clarification, if you applied on the 29 January 2009 then the largest gap we could allow before the assessment period would be one month and thus we could go back to 29 Decemeber for the start of the 3 month assessment period.
We are unable to reconsider your application at this stage, however it remains open to you to re-apply and I hope that the above helps to explain and clarify our previous refusal reasons.
As you can see from the above explanation that because my current account statements (for previous earnings) were dated closer to the application date then the online saver account statements (for the maintenance funds) they have used the current account statements to assess the maintenance fund regardless of the fact that the online saver account statments were within one month of the application date - THIS IS A RULE THAT THEY SEEM TO HAVE MADE UP TO REFUSE MY APPLICATION AS THIS RULE IS NO-WHERE TO BE FOUND IN THE GUIDANCE OR IMMIGRATION RULES!!!
They have gone Bonk***. File a complaint and you will definitely win. The rules are rules and not open for subjective interpretation by the case worker. People use different accounts to get their salaries credited and the other one for saving purposes. If we went by the logic provided by the case worker a number of applications will be rejected. The implication of his assessment is, you have to have just one account for maintenance as well as earnings proof.
You should write back to him saying that Guidance notes allow you to maintain separate accounts for maintenance and if the statements for the maintenance funds meet the criteria specified in the guidance notes there is no reason for him to reject it. The Guidance notes/Immigration rules do not tie maintenance funds proof to earnings proof and these have to be treated separately.
Dont worry about your current application as your appeal/rant/anger against the way the original application was treated will not have any impact over your application under consideration now.
