Is funding OK through a job?

stellabella99 · Post by **stellabella99** » Tue Dec 01, 2009 11:33 am

Hi I have not had the Â£800 in my account for the full 3 months, however I do have a job here. It's not a job relevant to my qualifications but it's enough to support me. Will that be OK as funding?

neighbourboy · Post by **neighbourboy** » Tue Dec 01, 2009 12:28 pm

You know the answer...NO

stellabella99 · Post by **stellabella99** » Tue Dec 01, 2009 6:35 pm

Well if I leave that will leave my girlfriend and our baby twins in financial hardship. They rely on me to provide for them. I just didn't relise I had to have Â£800 in my account 3 months prior to applying as I have a very secure job here and am not only maintaining myself but my UK family.

Has anyone else got better experience of this rule, because although I don't fulfill this rule I am fulfilling the reason the rule was made in the first place.

Post by **PaperPusher** » Tue Dec 01, 2009 7:44 pm

It is the rule "Â£800 for three months" that counts.

There have been major court cases, and at the moment they are all saying that it is the rule that counts pretty much. Have a look at the following cases.

http://www.ait.gov.uk/Public/Upload/j22 ... igeria.doc

http://www.ait.gov.uk/Public/Upload/j22 ... mbabwe.doc

http://www.ait.gov.uk/Public/Upload/j22 ... _lanka.doc

stellabella99 · Post by **stellabella99** » Tue Dec 01, 2009 8:20 pm

I'm just thinking in terms of the Golden Rule used in law. The point of the maintenance rule is that you have enough money to support yourself until you find work. Well I have work and I support me and my UK family. My girlfriend will really struggle if I have to go back.

Mainly I didn't know about this Â£800 because our twins were born at 29 weeks and we were back and forth to hospital and our lives have been utter chaos for about 5 months. I just assumed I could get Tier 1 no problem.

I have had an interview with our MP to see if she can help.

Post by **PaperPusher** » Tue Dec 01, 2009 8:44 pm

From the main case NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025
[quote]54. In view of the mandatory formulation of the requirements for the Tier 1 (Post-Study Work) scheme as given by the Immigration Rules we see no scope for adopting a purposive construction. It is well-established that such a construction cannot be applied where the words are wholly unambiguous (Alexander v Immigration Appeal Tribunal) [1982] 2 All ER 766. Subject to what we say below about the transitional provisions (and also two other aspects of the Policy Guidance: see paras 71, 72-78 ), their plain and ordinary meaning is absolutely clear. The use of â€œmustâ€

Jack_Hammer · Post by **Jack_Hammer** » Tue Dec 01, 2009 8:55 pm

The only way is through another account carries your name (in/outside the UK) and the ??800 kept in your account for at least three months. Or prepare yourself to apply from outside the UK with ??2800 in your account and held for at least three months. As simple as that.
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Post by **PaperPusher** » Tue Dec 01, 2009 9:19 pm

Another account that is yours though.......

Jack_Hammer · Post by **Jack_Hammer** » Wed Dec 02, 2009 12:23 am

Yep
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stellabella99 · Post by **stellabella99** » Wed Dec 02, 2009 1:09 am

Thanks for replies, however the UK border agency website's points based calculator which is what I used says that to get the 10 points the Â£800 must be available upon application.

Jack_Hammer · Post by **Jack_Hammer** » Wed Dec 02, 2009 1:13 am

The ??800 must be in an account bears your name and held for at least three months before and at the time of application.
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stellabella99 · Post by **stellabella99** » Wed Dec 02, 2009 1:19 am

Then the calculator is misleading

Maintenance (funds)

In this section, you must score ten points for maintenance (funds) at the time of application or your application will be refused.

Do you have Â£800 of available funds at the time you apply?

Yes
No

Help on this question (opens new window)

Jack_Hammer · Post by **Jack_Hammer** » Wed Dec 02, 2009 1:23 am

NO (it is not just at the time of application), In your case the answer is NO, because you didn't fulfill the Maint. fund rule.

You need to refer to the PSW guide at UKBA website and read it carefully.

http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf
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stellabella99 · Post by **stellabella99** » Wed Dec 02, 2009 1:25 am

Also they recommend the following:

For applications made inside the United Kingdom
If you are already in the United Kingdom, you should apply to stay as soon as possible and before your current leave runs out. We encourage you to apply one month before your leave runs out. Taken from:

http://www.ukba.homeoffice.gov.uk/worki ... owtoapply/

So by using their calculator and following their advice about when to apply I now start to look at the application form which tells me I needed to have the Â£800 in my account for a minimum of 3 months. Its definately geared up to get rejections.

Jack_Hammer · Post by **Jack_Hammer** » Wed Dec 02, 2009 1:30 am

According to the old rule, I would say yes, but since Nov. 2008, it has to be for at least three months. Just refer to my previous link. PSW guide.

This is what the guidance says:

Applicants in the United Kingdom seeking ???

further leave to remain must have at least

??800 of personal savings which must have

been held for at least three months prior to

the date of application.
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stellabella99 · Post by **stellabella99** » Wed Dec 02, 2009 1:39 am

Thanks just having a rant. This is really frustrating as I can't apply for unmarried couple as we have only been together for 1.5 years, I can't apply for parent excercising their right to access on leave to enter as I'm not estranged from my partner. We didn't want to get married just yet and now it looks like we've left it too late.

Jack_Hammer · Post by **Jack_Hammer** » Wed Dec 02, 2009 1:46 am

I have been a victim to this unjust rule myself. I decided to leave the UK and apply from home. Got PSW in no time actually. I know sometimes it is not the case to leave the UK, but for me, wouldn't made any difference really.
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stellabella99 · Post by **stellabella99** » Wed Dec 02, 2009 1:57 am

I agree normally but my girlfriend will be struggling with two small babies and struggling to pay the bills. Her family are not much use. I don't think she could manage on her own.

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Is funding OK through a job?

Is funding OK through a job?