Tier 1 Dependant refused (credit card statement)

[Fairychild]

Hi All

Got the bad news today that my husband dependant visa has been refused. Bummer! We just got married and no honeymoon Spending it apart. I had to return to the UK to work.

I am waiting for him to send me the documents, but I suspect it was because it was a credit card statement. I have cash in this credit card statement with a balance of about £10000. So more than enough money. Just in the wrong account it seems. I never thought it would be a problem.

I am planning to write a letter and explain that I held the cash in this account for better interest rates and that I had access to this money at any stage. It is not credit. It is in my name.

I struggled to get a letter from the bank because the visa was not for me. Would it be worth trying for a letter from the bank again?

Anyone have advice or experience of this?

Your help are very much appreciated!

[vks]

Hi All

Got the bad news today that my husband dependant visa has been refused. Bummer! We just got married and no honeymoon Spending it apart. I had to return to the UK to work.

I am waiting for him to send me the documents, but I suspect it was because it was a credit card statement. I have cash in this credit card statement with a balance of about £10000. So more than enough money. Just in the wrong account it seems. I never thought it would be a problem.

I am planning to write a letter and explain that I held the cash in this account for better interest rates and that I had access to this money at any stage. It is not credit. It is in my name.

I struggled to get a letter from the bank because the visa was not for me. Would it be worth trying for a letter from the bank again?

Anyone have advice or experience of this?

Your help are very much appreciated!

Can you eloborate on the refusal wordings?

[beecharmer1800bc]

Hi All

I am waiting for him to send me the documents, but I suspect it was because it was a credit card statement. I have cash in this credit card statement with a balance of about £10000. So more than enough money. Just in the wrong account it seems. I never thought it would be a problem.

Anyone have advice or experience of this?

Your help are very much appreciated!

I work in a bank and I still don't get it-why you'd have 'cash' in your credit card and what interest rates are you talking about??

Credit cards work like short term loans; allowing you to have funds available for purchases,but technically it is 'borrowed funds'.

[Fairychild]

Thank you vks.

This is the wording. My husband read it over the phone so maybe not 100% correct.

----

You are required to show that your spouse has the equivalent of £533 available to support you in the UK. You have provided credit card statements covering the period 15 dec to 15 march 2010. However the published guidance gives details of acceptable evidence of funds and this includes

- Personal bank or building society statements,
- Building society pass books,
- A letter from the bank confirming funds,
- Or a letter from a financial institution,
- Or in case overseas accounts the home regulator confirming funds.

It does not include credit card statements.

Therefore, I am not satisfied that you have provided the documents specified to show that are in possession of the required level of funds, as detailed in appendix E of immigration rules.
I therefore refused your application under paragraph 3.1.9C (g) of HC395.

----

Is the credit card statement not my personal bank statement?

Good point beecharmer. The real reason why I had it in my credit card was because I wanted to keep it separate from other money for logistical reasons. It was just another account in my eyes. Didn't think of it as credit card account.

I also have a cheque account at the same bank and can transfer the money at any stage between the two and have it available immediately.

So I am thinking ofsending the cheque statement and writing to appeal. Worth a shot at least.

[Fairychild]

Its in my overseas credit card, not UK.

[demur123]

Home Office caseworkers are more like robots. Dont expect them to be a bit lenient because they are not going to bend over the rules anemore. I am adding this not to discourage you but to remind everyone on the forum to follow the scrict guidance before filling up the form and adding all the documents required for the tier1 visa.

[beecharmer1800bc]

Its in my overseas credit card, not UK.

It's unfortunate,but you made the ECO's work very easy- remember they are trained to look for a reason for a refusal first before checking to see if you qualify for a visa. Lol.

All the best in the appeal.

UPDATE

Good say demur123- they are robots; programmed not to issue visas.

[dima]

Yeah!
We are all adviced & expected to adhere to the rules and guidelines of HO.
The saying goes" The rules are ment to be broken"... But surely not with UKBA...

[vks]

Thank you vks.

This is the wording. My husband read it over the phone so maybe not 100% correct.

----

You are required to show that your spouse has the equivalent of £533 available to support you in the UK. You have provided credit card statements covering the period 15 dec to 15 march 2010. However the published guidance gives details of acceptable evidence of funds and this includes

- Personal bank or building society statements,
- Building society pass books,
- A letter from the bank confirming funds,
- Or a letter from a financial institution,
- Or in case overseas accounts the home regulator confirming funds.

It does not include credit card statements.

Therefore, I am not satisfied that you have provided the documents specified to show that are in possession of the required level of funds, as detailed in appendix E of immigration rules.
I therefore refused your application under paragraph 3.1.9C (g) of HC395.

----

Is the credit card statement not my personal bank statement?

Good point beecharmer. The real reason why I had it in my credit card was because I wanted to keep it separate from other money for logistical reasons. It was just another account in my eyes. Didn't think of it as credit card account.

I also have a cheque account at the same bank and can transfer the money at any stage between the two and have it available immediately.

So I am thinking ofsending the cheque statement and writing to appeal. Worth a shot at least.

I am afraid that you should maintain the money in the form of cash funds.

Para 84 from PBS dependant's guidance

Evidence must be in the form of cash funds. Other accounts or financial instruments such as shares, bonds, pension funds etc, regardless of notice period are not acceptable.

IMO, you have to maintain the required fund (£533+ £800, if you were in the UK more than 12 months) your current or savings account and provide the bank statements after 3 consecutive months. (re-apply)

[vks]

Yeah!
We are all adviced & expected to adhere to the rules and guidelines of HO.
The saying goes" The rules are ment to be broken"... But surely not with UKBA...

Is there anything that the HO has broken? NO! They have strictly adhered to the rules book. It is our responsibility to play the game by knowing the rules!(By the way, I do not work for BIA)

[dima]

Yeah!
We are all adviced & expected to adhere to the rules and guidelines of HO.
The saying goes" The rules are ment to be broken"... But surely not with UKBA...

Is there anything that the HO has broken? NO! They have strictly adhered to the rules book. It is our responsibility to play the game by knowing the rules!(By the way, I do not work for BIA)

lol.. agree...
after all rules are rules... we should know the rule to break the rule... lol

[Fairychild]

But it is cash funds... Its just not in a current account...

[vks]

But it is cash funds... Its just not in a current account...

I don't have much to add! Sorry!

[dima]

But it is cash funds... Its just not in a current account...

As suggested earlier, You need to re-apply with 3 months maintenence funds in your bank account( not in your credit card account) as per the guidelines.
Credit cards are not your regular Bank accounts.

[beecharmer1800bc]

But it is cash funds... Its just not in a current account...

Don't know where this new term 'cash funds' came from. You need to have the money(cash,funds, whatever) in a personal account for 3months and it has to be in either some sort of transaction account (e.g current account) or a savings account (e.g term deposit, instant savings, cyber saver etc) Definitely not a credit or store card!

[Fairychild]

I don't see anything that says it must be a current or savings account. I have read through the requirement again and again.

Here -

http://www.bia.homeoffice.gov.uk/workin ... intenance/

And it says it has to be cash funds.

"Evidence must be in the form of cash funds. Other accounts or financial instruments for example, shares, bonds, pension funds, regardless of notice period, are not acceptable."

And it says it has to a personal bank statement showing all transactions for 3 months and that there is enough money present in the account for the past 3 months.

In hind sight (its a great thing!) yes I should have transferred the money to a current account months ago. I have done all my previous applications and have been very careful with my evidence, always covering all basis. It never crossed my mind that my cash in this account would not be seen as my cash. But yes not given them half a reason to refuse a visa is so important. So if anyone is reading this in time - Don't use a credit card account!

But I don't believe the case worker are correct and I do hope our appeal succeeds. The funds in my account is cash and it is available to me at all times, what ever type of account it is. And the statement is a personal bank statement with transactions, and everything else on it they need.

The bank said that they will give me a letter to confirm that it is my money and not borrowed money. So fingers crossed!

[Wanderer]

Money on a credit card IS borrowed money - why do you think it isn't?

[Fairychild]

Hi Wanderer

The credit card is in a positive balance. So say the bank gave me £500 credit on the card. But instead of buying on the card, I deposited or transferred a £1000 on to the card without ever spending any money on it. The £1000 is my money I deposited on it. It is not in a negative balance where I need to make any payment back to the bank. Does that make sense?

I guess it is similar to having a current account with an overdraft but being in a positive balance and not a negative balance. I use the account as a current account, there was money in it and I was making payments in and out of it, without ever owning the bank any money.

[email257525]

Visa officer was a bit picky

We understand the rules are rules but money in credit card is readily avilable any time,

If visa officer picked it he/she could ask for the altenative proofs...

[Wanderer]

Hi Wanderer

The credit card is in a positive balance. So say the bank gave me £500 credit on the card. But instead of buying on the card, I deposited or transferred a £1000 on to the card without ever spending any money on it. The £1000 is my money I deposited on it. It is not in a negative balance where I need to make any payment back to the bank. Does that make sense?

I guess it is similar to having a current account with an overdraft but being in a positive balance and not a negative balance. I use the account as a current account, there was money in it and I was making payments in and out of it, without ever owning the bank any money.

Ahh, I see, sorry!

Odd thing to do tho - you wouldn't be earning any interest on the money, would you?

I think the ECO most likely jumped to the same conclusion as me, maybe it's worth pointing this out in a plea to the ECM?

[aruni4470]

I don't see anything that says it must be a current or savings account. I have read through the requirement again and again.

Here -

http://www.bia.homeoffice.gov.uk/workin ... intenance/

And it says it has to be cash funds.

"Evidence must be in the form of cash funds. Other accounts or financial instruments for example, shares, bonds, pension funds, regardless of notice period, are not acceptable."

And it says it has to a personal bank statement showing all transactions for 3 months and that there is enough money present in the account for the past 3 months.

In hind sight (its a great thing!) yes I should have transferred the money to a current account months ago. I have done all my previous applications and have been very careful with my evidence, always covering all basis. It never crossed my mind that my cash in this account would not be seen as my cash. But yes not given them half a reason to refuse a visa is so important. So if anyone is reading this in time - Don't use a credit card account!

But I don't believe the case worker are correct and I do hope our appeal succeeds. The funds in my account is cash and it is available to me at all times, what ever type of account it is. And the statement is a personal bank statement with transactions, and everything else on it they need.

The bank said that they will give me a letter to confirm that it is my money and not borrowed money. So fingers crossed!

Hey Fairychild,

Not a lot of people know that a credit card can be overpaid. Some credit card companies allow it and some don't. (some just send you back a cheque with the overpaid money). So, not a lot of people would have thought of it as an option. So, I think even the case worker did not realise this point. Having said that even you acknowledge that you should have transferred the money to your current or savings account. Anyway, all the best with your appeal.

[vks]

Hi Wanderer

The credit card is in a positive balance. So say the bank gave me £500 credit on the card. But instead of buying on the card, I deposited or transferred a £1000 on to the card without ever spending any money on it. The £1000 is my money I deposited on it. It is not in a negative balance where I need to make any payment back to the bank. Does that make sense?

I guess it is similar to having a current account with an overdraft but being in a positive balance and not a negative balance. I use the account as a current account, there was money in it and I was making payments in and out of it, without ever owning the bank any money.

If you are planning for an admin review, if asked for, get a letter from the bank stating that it is a cash fund. This time, just send the letter alone and not the statement as the statements are purely credit card statement (as mentioned earlier by you)

If you are lucky, your visa will be granted.

As a fall back plan, have the required fund maintained in a savings account. The reason being that the review process may exceed the 3 month time and in that situation, you may want to re-apply.

[Fairychild]

Thank you all for your responses. The bank is giving me a letter now to say that I had the cash funds available for 3 months. I tried to get this from them before but it was a struggle.

I assume it will be much quicker to re-apply for a visa then to appeal... 3 months really?! Can we appeal and in the same time re-apply if it takes too long?

The visa application was processed in 5 days. So quick.

[Fairychild]

Is an Admin review different from an appeal?

[vks]

Is an Admin review different from an appeal?

Admin review: Intial applicants
Appeal: Extension applicants