ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

MAINTENANCE FUNDS REFUSAL_TIER 1

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

Locked
ukvisas
Newly Registered
Posts: 7
Joined: Tue Jun 01, 2010 1:07 pm
Location: INDIA

MAINTENANCE FUNDS REFUSAL_TIER 1

Post by ukvisas » Fri Jul 30, 2010 6:29 am

Case
I took the Bank statement balance from 1st March 2010 to 2nd June 2010 i.e. 92 days

My Case was filed on 28th June 2010 i.e. within 1 month from the date of issue of bank statement
bank letter also says that the client maintained minimum balance from 1st March 2010 to 2nd June 2010)

Refusal
The ECO considered the maintenance funds from 28th March 2010 to 28 the June 2010 as 28th June was the date of submission.


As per Guidelines:
http://www.ukvisas.gov.uk/en/howtoapply ... ralmigrant
You must be able to support yourself for the entire duration of your stay in the UK without needing any help from public funds. In order to qualify under Tier 1 (General) Migrant you must be able to demonstrate that you have £2,800 for yourself and (where applicable) £1,600 for each dependant accompanying you and that you have held these amounts for a minimum period of 3 months immediately preceding and dated no more than 1 month prior to the date you submit your application. The balance should not fall below the required minimum at any time during the 3 month period.

My Understanding :
Maintain your balance for 3 months , and lodge your application within 1 month from the date of statement , also the the balance should not fall below the required minimum at any time during the 3 month period. (it does not say at any time in LAST 3 months!, before your application was submitted!)


GROUND 2
APPLICATIONS FOR ENTRY CLEARANCE SUBMITTED BETWEEN 23 JUNE TO 22 JULY 2010 (INCLUSIVE) WHICH HAVE BEEN REFUSED AND HAD THEIR ADMINISTRATIVE REVIEW DISMISSED

Applicants are required to demonstrate that they hold the required level of funds at the closing balance on any one day during the one month period prior to the date of application.

I have sufficient balance till 2nd June 2010 was GBP 2800 and case was filed on 28th June 2010 , if we go back 1 month i.e. 28th March 2010 , I am satisfying that I have sufficient balance for 1 day in my account.
Please let me know your inputs

Thanks in advance

LearningCurve
Member
Posts: 145
Joined: Tue Sep 23, 2008 6:39 pm

Post by LearningCurve » Fri Jul 30, 2010 1:35 pm

minimum period of 3 months immediately preceding and dated no more than 1 month prior
Pls note, it says "dated no more than 1 month", which means that the 1 month rule is only for the date in which your statement has been issued.

Also, see below quote from policy guidelines,
213. Where two or more pieces of evidence from a single account are submitted (for example two consecutive bank statements) we will assess the funds available to the applicant from the closing balance of the most recent document.
So, if you had submitted 2 bank statements such as

1. 3 months statement for maintenance fund as you have mentioned.
2. 12 month bank statement for earnings.


If both these statements are from the same account, and if your 2nd evidence, ie., the 12 month statement, is covering a period till 28th June, then as mentioned in the above policy guidence, they will only consider this evidence for your maintenance funds as well, as it is most recent. If in this evidence, your funds had dropped below 2800, then clearly that is the reason for refusal.

ukvisas
Newly Registered
Posts: 7
Joined: Tue Jun 01, 2010 1:07 pm
Location: INDIA

Post by ukvisas » Wed Aug 04, 2010 11:47 am

Thanks a ton for your reply

Please refer to the link below

http://www.ukba.homeoffice.gov.uk/sitec ... e-refusals

The above link says that if the applicant has been refused only because of maintenance funds in the Tier 1 General and the case has been filed between 23 June 2010 to 22 July 2010 ( I filed on 28th June)

For these applications, applicant requires to demonstrate that they hold the required level of funds at the closing sate on ANY ONE DAY DURING THE ONE MONTH PERIOD PRIOR to the date of application

I very well fulfill the above criteria

• The application was refused solely for the Maintenance funds attribute.
• As the application was filed on 28th June 2010 (i.e. between 23rd June 2010 to 22nd July 2010)
• The balance on 28th June 2010 was above £2800 and I fulfill the criteria for maintaining the balance for any one day during the last one month prior to date of submission of application.


GROUND 2

The text copied by you was from the latest guidelines.
This guidance is to be used for applications made on or after 19 July 2010

Whereas I filed the application on 28th June 2010, so the guidelines to be used is for the applications made on or after 6th April 2010


Please let me know your inputs.

Thanks in advance

prisat
Member of Standing
Posts: 412
Joined: Sat May 08, 2010 8:16 am
Location: Earth

Re: MAINTENANCE FUNDS REFUSAL_TIER 1

Post by prisat » Wed Aug 04, 2010 12:10 pm

ukvisas wrote:Case
I took the Bank statement balance from 1st March 2010 to 2nd June 2010 i.e. 92 days

My Case was filed on 28th June 2010 i.e. within 1 month from the date of issue of bank statement
bank letter also says that the client maintained minimum balance from 1st March 2010 to 2nd June 2010)

Refusal
The ECO considered the maintenance funds from 28th March 2010 to 28 the June 2010 as 28th June was the date of submission.


As per Guidelines:
http://www.ukvisas.gov.uk/en/howtoapply ... ralmigrant
You must be able to support yourself for the entire duration of your stay in the UK without needing any help from public funds. In order to qualify under Tier 1 (General) Migrant you must be able to demonstrate that you have £2,800 for yourself and (where applicable) £1,600 for each dependant accompanying you and that you have held these amounts for a minimum period of 3 months immediately preceding and dated no more than 1 month prior to the date you submit your application. The balance should not fall below the required minimum at any time during the 3 month period.

My Understanding :
Maintain your balance for 3 months , and lodge your application within 1 month from the date of statement , also the the balance should not fall below the required minimum at any time during the 3 month period. (it does not say at any time in LAST 3 months!, before your application was submitted!)


GROUND 2
APPLICATIONS FOR ENTRY CLEARANCE SUBMITTED BETWEEN 23 JUNE TO 22 JULY 2010 (INCLUSIVE) WHICH HAVE BEEN REFUSED AND HAD THEIR ADMINISTRATIVE REVIEW DISMISSED

Applicants are required to demonstrate that they hold the required level of funds at the closing balance on any one day during the one month period prior to the date of application.

I have sufficient balance till 2nd June 2010 was GBP 2800 and case was filed on 28th June 2010 , if we go back 1 month i.e. 28th March 2010 , I am satisfying that I have sufficient balance for 1 day in my account.
Please let me know your inputs

Thanks in advance
Can you post the exact text which was mentioned in the refusal letter.
Disclaimer :

I am not from a law firm or an attorney who provide Consultation for Immigration to UK.
Information that i provide is not the same as legal advice or legal advises. Use the message (s) and information at your own risk.

rajesh9pl
Senior Member
Posts: 858
Joined: Thu Feb 03, 2005 9:40 am
Mood:
United Kingdom

Re: MAINTENANCE FUNDS REFUSAL_TIER 1

Post by rajesh9pl » Wed Aug 04, 2010 9:18 pm

ukvisas wrote:Case
My Case was filed on 28th June 2010 i.e. within 1 month from the date of issue of bank statement
bank letter also says that the client maintained minimum balance from 1st March 2010 to 2nd June 2010)

Refusal
The ECO considered the maintenance funds from 28th March 2010 to 28 the June 2010 as 28th June was the date of submission.
How does ECO know about you account status from 2nd June to 28th June when Statement was covered till 2nd June? How do they know it fell between 2nd June - 28th June?

ukvisas
Newly Registered
Posts: 7
Joined: Tue Jun 01, 2010 1:07 pm
Location: INDIA

Post by ukvisas » Fri Aug 06, 2010 8:31 am

Case filed on 28th June 2010

ECO REFUSAL COMMENTS

YOU HAVE SHOWN A HDFC BANK STATEMENT WHERE THE MINIMUM BALANCE IN HDFC BANK BETWEEN 28/6/2010 TO 28/03/2010 IS xxx AMOUNT (LESS THAN£2800) ON 6/6 2010 , AS PER THE OANDA EXCHANGE RATE ON 28/6/2010 69.25 THIS IS EQUIVALENT TO £2200 , YOU ARE REQUIRED TO SHOW £2800 , AND THEREFORE YOU HAVE NOT SHOWN EVIDENCE OF SUFFICIENT FUNDS FOR MAINTENANCE PURPOSE


Case was filed on 28th June 2010 ,
I claimed the maintenance funds period from 1st March 2010 to 2nd June 2010, and the bank letter clearly said that the funds never went below £2800 from 1st March 2010 to 2nd June 2010 ,
ECO should not be concerned about the level of funds after 2nd June 2010,

As the period claimed was from 1march 2010 to 2nd June 2010 = 92 days
and the application was submitted on 28th June , i.e. within 1 month from the date of issue of the bank letter/statement
i.e. 1 month prior from the date of submission
(please refer to the guidelines for the applications made on or after 6th
April 2010 , NOT the latest guidelines (19th July 2010 )


Also , Please refer to the link below

http://www.ukba.homeoffice.gov.uk/sitec ... e-refusals

The above link says that if the applicant has been refused only because of maintenance funds in the Tier 1 General and the case has been filed between 23 June 2010 to 22 July 2010 ( I filed on 28th June)

For these applications, applicant requires to demonstrate that they hold the required level of funds at the closing sate on

ANY ONE DAY DURING THE ONE MONTH PERIOD PRIOR to the date of application

I very well fulfilling the above criteria

• The application was refused solely for the Maintenance funds attribute.
• As the application was filed on 28th June 2010 (i.e. between 23rd June 2010 to 22nd July 2010)
• The balance on 28th June 2010 was above £2800 and I fulfill the criteria for maintaining the balance for any one day during the last one month prior to date of submission of application.


Please let me know your inputs.

prisat
Member of Standing
Posts: 412
Joined: Sat May 08, 2010 8:16 am
Location: Earth

Post by prisat » Fri Aug 06, 2010 9:26 am

ukvisas wrote:Case filed on 28th June 2010

ECO REFUSAL COMMENTS

YOU HAVE SHOWN A HDFC BANK STATEMENT WHERE THE MINIMUM BALANCE IN HDFC BANK BETWEEN 28/6/2010 TO 28/03/2010 IS xxx AMOUNT (LESS THAN£2800) ON 6/6 2010 , AS PER THE OANDA EXCHANGE RATE ON 28/6/2010 69.25 THIS IS EQUIVALENT TO £2200 , YOU ARE REQUIRED TO SHOW £2800 , AND THEREFORE YOU HAVE NOT SHOWN EVIDENCE OF SUFFICIENT FUNDS FOR MAINTENANCE PURPOSE


Case was filed on 28th June 2010 ,
I claimed the maintenance funds period from 1st March 2010 to 2nd June 2010, and the bank letter clearly said that the funds never went below £2800 from 1st March 2010 to 2nd June 2010 ,
ECO should not be concerned about the level of funds after 2nd June 2010,

As the period claimed was from 1march 2010 to 2nd June 2010 = 92 days
and the application was submitted on 28th June , i.e. within 1 month from the date of issue of the bank letter/statement
i.e. 1 month prior from the date of submission
(please refer to the guidelines for the applications made on or after 6th
April 2010 , NOT the latest guidelines (19th July 2010 )


Also , Please refer to the link below

http://www.ukba.homeoffice.gov.uk/sitec ... e-refusals

The above link says that if the applicant has been refused only because of maintenance funds in the Tier 1 General and the case has been filed between 23 June 2010 to 22 July 2010 ( I filed on 28th June)

For these applications, applicant requires to demonstrate that they hold the required level of funds at the closing sate on

ANY ONE DAY DURING THE ONE MONTH PERIOD PRIOR to the date of application

I very well fulfilling the above criteria

• The application was refused solely for the Maintenance funds attribute.
• As the application was filed on 28th June 2010 (i.e. between 23rd June 2010 to 22nd July 2010)
• The balance on 28th June 2010 was above £2800 and I fulfill the criteria for maintaining the balance for any one day during the last one month prior to date of submission of application.

Please let me know your inputs.
i dont know how to comment on this...

But if i were you, i would have been a bit careful whil submitting the letter / statements.... In any case, i would not have shown this explicitly on paper as a proof that my funds were less than 2800 taking into account considering any date for that matter which falls before my application date and after my fund maintenance claim dates.....
Disclaimer :

I am not from a law firm or an attorney who provide Consultation for Immigration to UK.
Information that i provide is not the same as legal advice or legal advises. Use the message (s) and information at your own risk.

Locked