MAINTENANCE FUND

mduho · Post by **mduho** » Wed Jun 10, 2009 5:06 pm

I have a Tier 1(general) extension, my partner of 4 years has stumbled on the MAINTENANCE FUND and has to go back to New Zealand.

Can she go back to New Zealand hold the maintenance fund for 3 months, and get a de facto or dependent visa to come back and join me here in the UK on my Tier 1?

PLEASE NOTE: her visa will expire before the 3 month maintenance fund period, which is why she has to go back to New Zealand.

PLEASE. SOMEBODY. ANYBODY. HELP ME!

Post by **ChetanOjha** » Wed Jun 10, 2009 5:12 pm

If she want to apply as your dependent visa and you are maintaining sufficient funds for over 3 months...I think you can apply for her now.

mduho wrote:I have a Tier 1(general) extension, my partner of 4 years has stumbled on the MAINTENANCE FUND and has to go back to New Zealand.

Can she go back to New Zealand hold the maintenance fund for 3 months, and get a de facto or dependent visa to come back and join me here in the UK on my Tier 1?

PLEASE. SOMEBODY. ANYBODY. HELP ME!

mduho · Post by **mduho** » Wed Jun 10, 2009 5:17 pm

her visa will expire before the 3 month maintenance fund period, which is why she has to go back to New Zealand.

confusedhsmp · Post by **confusedhsmp** » Wed Jun 10, 2009 5:37 pm

Please clarify the following:

What visa is she on at the moment? (To know if she can switch from within country)

Do you have enough maintainance to support her in your account if she doesnt have them?

What do you mean by 'she having less than 3 months'

In any event, It seems as if she is on a different visa at the moment and has her extension comming up. And the problem is that she doesnt have the required maintainance funds in her account. In this case, provided that you have enough maintainnce funds to maintain her, she can switch now within uk anytime. If you dont then she needs to check how long have the funds gone below the required limit. If its minor she should still apply for extension of her current visa and appeal the refusl decision, in which it is very likely that the judge may rule in her favor. The last option is as you rightly put, but it doesnt matter who maintains funds in dependant visas.

Post by **ChetanOjha** » Wed Jun 10, 2009 5:50 pm

If she is applying for dependent, you can use your bank account (since she will be your dependent) + her bank statement to prove maintenance funds.

You can also use amount from your New Zealand bank account to prove it.

mduho wrote:her visa will expire before the 3 month maintenance fund period, which is why she has to go back to New Zealand.

mduho · Post by **mduho** » Thu Jun 11, 2009 8:27 am

MORE INFO:

She is my unmarried partner of 4 years

her HSMP ends in august

She has NOT got adequate maintenance funds ( but i do and can give it to her to hold for 3 months but by then it will be october.

PLEASE HELP!

Post by **ChetanOjha** » Thu Jun 11, 2009 9:21 am

Hi mduho,

If you have funds in your bank and you are planning to apply for her as "your" depependent, you can use your bank statement to show funds for her. You do not need to transfer funds in her bank account. Since she will be your dependent you should have enough funds to manage both of you.

Thats how it works for married partners and I can't see any reason why it cannot work for you.

You can also call HO and confirm the same. If you call HO, make sure you note time date-time and agent's name to back your case. Mention the details in cover letter.

mduho wrote:MORE INFO:

She is my unmarried partner of 4 years

her HSMP ends in august

She has NOT got adequate maintenance funds ( but i do and can give it to her to hold for 3 months but by then it will be october.

PLEASE HELP!

mduho · Post by **mduho** » Thu Jun 11, 2009 9:53 am

BUT she is here under HSMP,

I have just found out that she needs to re enter the country as my dependant (she cant switch from inside the UK) and i have to contact the british embassy here or in new Zealand

tvn_ramesh · Post by **tvn_ramesh** » Thu Jun 11, 2009 11:29 am

Thats how it works for married partners and I can't see any reason why it cannot work for you.

Chetan.. they are Unmarried partners.. so in that case they need to prove that she is his dependent.. apart from maintenance fund query.. they need to show... the relation as a dependent.. just a suggestion...

Post by **ChetanOjha** » Thu Jun 11, 2009 11:37 am

tvn_ramesh wrote: Chetan.. they are Unmarried partners.. so in that case they need to prove that she is his dependent.. apart from maintenance fund query.. they need to show... the relation as a dependent.. just a suggestion...

Yes that correct. I was trying to figure out the same. But I presumed that mduho knows that part. Found the link below. Worth a look apart from maintenance funds.

http://www.ukba.homeoffice.gov.uk/polic ... xpartners/

confusedhsmp · Post by **confusedhsmp** » Thu Jun 11, 2009 11:38 am

Unamarried partner can also be considered as partners provided that you can prove your cohabitation for the last two years. This includes proof of addresses for the last two years for both of you. You need solicitor advice at this stage. Get one asap.

mduho · Post by **mduho** » Thu Jun 11, 2009 12:06 pm

I phoned the Home office.

She has to re-enter the country as my dependent. She can't switch from tier 1 inside the UK to a dependent apparently(I would love it if the person I talked to was mistaken).

I have to contact the British embassy here in London or in New Zealand about that info for her to come back as a dependent.

Post by **ChetanOjha** » Thu Jun 11, 2009 12:34 pm

Did you inquire if she get the visa stamp from within UK or she has to apply from New Zealand? If she can get visa stamp from here the only thing she has to do it exit and enter the country.

mduho wrote:I phoned the Home office.

She has to re-enter the country as my dependent. She can't switch from tier 1 inside the UK to a dependent apparently(I would love it if the person I talked to was mistaken).

I have to contact the British embassy here in London or in New Zealand about that info for her to come back as a dependent.

OFCHARITY · Post by **OFCHARITY** » Thu Jun 11, 2009 2:01 pm

Hi

1. When exactly does her HSMP visa expire
2. How long has she been in the UK on HSMP?
3. Does she not have any bank accounts anywhere else the combination of which amounts to the required amount?

confusedhsmp · Post by **confusedhsmp** » Thu Jun 11, 2009 4:56 pm

Sorry my fault!

Yes she needs to leave and come back..dependants cant switch this way...

But any of you can maintain required funds.

mduho · Post by **mduho** » Thu Jun 11, 2009 5:19 pm

So it might just be an unplanned holiday for her which isn't a bad thing, she works on short contact so she can leave any time.

[b]Thank you all for your help[/b], and post anything else if it comes to mind.

Post by **push** » Thu Jun 11, 2009 8:58 pm

No option but to apply from her own country.

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