Maintenance Funds Requirement - Updated

[maddy_uob]

Hi,

First of all, my heartiest appreciation to this forum - a nice job!

I would be applying for the HSMP in Feb 2010. I read in the latest "Guidance Notes" and the home office FAQ that
"Important!
To qualify for Tier 1 (General) of the Points Based System you must be able to demonstrate that you have funds to support yourself and any dependants. For the main applicant this is £2,800 with a further £1,600 needed for each dependant accompanying you or planning to join you within 12 months of your arrival in the UK. These amounts must be held in your personal bank account for a minimum period of 3 months............"

My question is: While am married with two kids, neither my passport nor my wife's contain any trace of how many kids we have; we also dont intend to take our kids atleast in the first year. Another important point here is - the application form does not even ask for the kids information under any section including the "Dependents" section.

Is it really required for me to show maintenance funds for all four of us or is it OK to show only for myself and my wife. Knowing HO's way of processing ( i have a previous experience - and it was not so nice ) would my application get through if I only show funds for myself and my wife (i am anyway not giving any info on my kids as it is not asked in the application) ?

Thanks very much in advance.

Cheers,
Maddy

[tvn_ramesh]

To qualify for Tier 1 (General) of the Points Based System you must be able to demonstrate that you have funds to support yourself and any dependants. For the main applicant this is £2,800 with a further £1,600 needed for each dependant accompanying you or planning to join you within 12 months of your arrival in the UK. These amounts must be held in your personal bank account for a minimum period of 3 months............"

The above bold red answers your question..

and if you are not planning to take ur 2 dependent children with 12months of ur arrival in UK.. dont worry about the names in passport things.. it is fine..

[maddy_uob]

Hi Ramesh,

Many thanks for your response.

The problem here is "....planning to join you within 12 months...." its a very ambiguous clause. The case worker has an advantage saying (if i somehow or somewhere say directly or indirectly or through past applications (i was a student in UK) comes to know that i have kids as dependents) "based on the circumstances it appears that you have insufficient funds to maintain yourself or your dependents while you are in UK...." and can refuse my application. While I can argue that as per the guidelines i dont hv funds as I dont plan to bring them to UK in the next 12 months - it would be a very subjective and arguably weak position that i can take; because there is no way one can provide evidence for the plans in this regard.

Once again, my question is "what are the chances of my application getting through if i only show funds for myself and my wife while having two kids and saying I dont intend to bring them to UK in the next 12 months?" to put it in another way - is there anyway that i can make sure that I show funds for myself and my wife only and yet get thru the HSMP process?

Thanks in advance!

Cheers,
Maddy [/list]

[tvn_ramesh]

Hi Ramesh,

Many thanks for your response.

The problem here is "....planning to join you within 12 months...." its a very ambiguous clause. The case worker has an advantage saying (if i somehow or somewhere say directly or indirectly or through past applications (i was a student in UK) comes to know that i have kids as dependents) "based on the circumstances it appears that you have insufficient funds to maintain yourself or your dependents while you are in UK...." and can refuse my application. While I can argue that as per the guidelines i dont hv funds as I dont plan to bring them to UK in the next 12 months - it would be a very subjective and arguably weak position that i can take; because there is no way one can provide evidence for the plans in this regard.

Once again, my question is "what are the chances of my application getting through if i only show funds for myself and my wife while having two kids and saying I dont intend to bring them to UK in the next 12 months?" to put it in another way - is there anyway that i can make sure that I show funds for myself and my wife only and yet get thru the HSMP process?

Thanks in advance!

Cheers,
Maddy

I understand your point...

Ok.. for sometime put ur case aside.. i will give few examples where people who in their applications mentioned that they will not take their families or planning to take their families to Uk in the next 12 months and there are many cases the same applicants once they receive visa's or come to UK apply for their dependents with in few months and got their dependents visas successfully just becos the REASON that is given in the cover letters or during application like: they are my dependents and they completely depend on me.. HO understands this.. (or ignores it ???)

i wont go into details of this.. but just gave u the above things saying such things happened SUCCESSFULLY

now coming to your case..
when you apply you just apply for yourselves and spouse.. but in your cover letter you can clearly mention that you are not planning to take ur kids to UK atleast for the next 12months BECAUSE "THE REASON" which can be;

Not to dis-continue their studies
Completed studies searching jobs
doing job etc etc..

which are valid reasons...

so i just mean to say as a bottom line that
if you can show maintenance funds for the no. of applicants you are applying and planning to join u within the 12month.. that is enough..

and if you want to be on safe side you can add why u are not planning to take ur kids.. becos of studies or jobs or etc...

wait for more reasonable replies from seniors.. Goodluck..

[crowbar6]

The guidance is clear so shouldn't over complicate things. Agree with Ramesh's comment above.

[maddy_uob]

Hi,

Many thanks for your replies and clarifications.

While I agree with Ramesh, am still worried knowing the way HO presumes individual circumstances.

I guess I have two options 1. Apply with showing funds for myself and spouse and make clear statement on the kids not joining us in the first year as mentioned by Ramesh - Risk probability is higher. 2. Apply with funds for all 4 of us and have NO ambiguity in the application at all in this regard. - Almost zero risk probability.

I am going to apply only for myself and spouse's after 3 months or so, kids application would be much later than that - may be after a year.

I guess I will have to opt for option 1 as my funds accumulation as of now available only for myself and spouse and if i hv to opt for option 2 then i will have to wait for another 45 days or so to accumulate funds for the kids.

Any which way, its a matter of taking a slight risk in this regard - i have more than enough points in all other aspects with clear and straight forward evidences.

Many thanks for your support, would appreciate further discussion on this from other people who have had similar situations.

Would keep you all posted on the outcome.

Cheers,
Maddy