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Can I use my maintenance fund for my spouse application?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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nicechap
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Can I use my maintenance fund for my spouse application?

Post by nicechap » Thu Jul 29, 2010 10:04 am

I have maintained the required £800 for 3 months for the HSMP-Tier1 renewal and I have just been granted the renewal (extension) of my visa which will last for another 3 years - Thanks to everybody in the forum.

My question now is: Can I immediately apply for my spouse (who is currently outside UK) dependant's visa with the same £800 (maintenance fund) in my account that I used for my own renewal (since I have been in the UK for more than 12 months) or do I have to add another £533 (and wait for another 3 months before applying) for her own dependant visa?

Please your contribution will be highly appreciated.

geriatrix
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Post by geriatrix » Thu Jul 29, 2010 2:18 pm

What if BHC verifies from the bank? The risk (however small) is yours to take.

IMHO ...


regards

nicechap
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Post by nicechap » Thu Jul 29, 2010 4:14 pm

The money is actually in the bank. So if BHC decide to verify from the bank, the reply will be affirmative. I just want to be 100% sure that I am not doing anything wrong using the same money to apply for my spouse.

geriatrix
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Post by geriatrix » Thu Jul 29, 2010 4:25 pm

As per the guidelines, one must have funds for self (800) + funds for dependent (533). On the other hand, there are members have posted their personal experience that only 533 should be enough to get a dependent visa when applying separately (i.e. - main migrant doesn't need to show 800 for self at the time of dependent application). And there are others who have been refused for the same reason. Therefore, it is difficult to say if the successes have been due to ignorance of the caseworker or whether refusals have been due to wrong interpretation of the guidelines by the caseworker.

It is your risk and the decision has to be yours. You may wish to base your decision on other peoples' experiences and risk your dependent's application or follow what the guidance says and eliminate any risk. For you to decide!


regards

aruni4470
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Post by aruni4470 » Thu Jul 29, 2010 4:48 pm

sushdmehta wrote:As per the guidelines, one must have funds for self (800) + funds for dependent (533). On the other hand, there are members have posted their personal experience that only 533 should be enough to get a dependent visa when applying separately (i.e. - main migrant doesn't need to show 800 for self at the time of dependent application). And there are others who have been refused for the same reason. Therefore, it is difficult to say if the successes have been due to ignorance of the caseworker or whether refusals have been due to wrong interpretation of the guidelines by the caseworker.

It is your risk and the decision has to be yours. You may wish to base your decision on other peoples' experiences and risk your dependent's application or follow what the guidance says and eliminate any risk. For you to decide!


regards
Very well said!!

nicechap
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Post by nicechap » Thu Jul 29, 2010 5:16 pm

Ok I understand. Please I have one more question:

If I add more money to my bank account and the total is now £800 (for myself) + £533 (for my spouse) and I then apply within a month of adding the money to my bank account, will the visa be granted following the ruling of Pankina judgments (July 23, 2010)?

geriatrix
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Post by geriatrix » Thu Jul 29, 2010 5:27 pm

People seem to want to apply Pankina judgement to their applications without making an effort to read what it is about, what UKBA has done in light of Pankina judgement and whether Pankina judgement affects them at all or not!!

Does it apply to you - a dependent application that is yet to be submitted?


regards

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