I've read through the suggested links from other topics on this issue (links to Pankina case and laws that came into effect 23 July 2010). I have also called the Home Office twice and read thoroughly through the Tier 2 guidance, but still need some clarification on the issue of maintenance:
1) The Home Office could not give me a clear answer on whether I could tick the box on p. 38 of the Tier 2 application that says:
"The applicant has, or was last granted, entry clearance, leave to enter or leave to remain as a:..... Work permit holder."
From here it says to go to question L4 which you can tick to confirm that "The applicant has claimed 10 points for their level of funds."
I have been a work permit holder for the last 4 years, and I am switching to Tier 2 with a new employer (an initial Tier 2 application), who has obtained a certificate of sponsorship for me. The caseworkers who I spoke with couldn't give me a clear reason why I couldn't tick the box for work permit holder. They said that because it was an initial application, I would have to tick the box on p. 38 that says: "Access to £800 available funds to support himself/herself", and then provide bank statements, etc. as the evidence.
Why bother having the choice of work permit holder on the form, then?
2) If I really do have to tick "Access to £800 available funds to support himself/herself", do I have to show that I had £800 at all times during the last 90 consecutive days, or will they use only the ending balances shown on my bank statements? I will surely fail if the former is true. Don't they realise we all have bills to pay??
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