Dependant Visa rejected... what next?

[ipmadhu]

Hi,

I'm in UK on Tier1 since Nov 2010. I applied for dependant visa for my wife (in India now) on 21th Dec 2010. But, the visa was rejected (on 19th Jan 2011) due to insufficient fund maintenance.

Due to incorrect information (thanks to misguidance from VFS Chennai), I was maintaining little more than £2400 as I was under the impression that the required amount if £1600(for dependant) + £800(me, the main visa holder).

The required amount as per UKBA is £1600+£2800 = £4400 for those in UK for less than 12 months, as mentioned in the rejection letter.

Now, I have sufficient funds (about £6000) but will have to wait for atleast 3 more months to become eligible & re-apply.

Meanwhile, I am planning to apply for 'Family visitor' visa. After 3 months, she can go back to India & re-apply for 'dependant visa'. However, I am worried about the consequences of applying for 'Family visitor' visa while 'dependant visa' was rejected.

In this situation,
Are there any chances of visitor-visa rejection?
What consequences will it have on dependant visa application later?

[geriatrix]

If you've been resident in the UK since November 2010, and your wife applied for entry clearance as dependant in December 2010 (at a time when you were present and resident in the UK), then the reason for refusal is wrong as you were indeed required to show availability of GBP 2400 (800+1600) only as maintenance funds.

GBP 2800, for the main migrant, is only required to be shown when the main migrant is yet to travel to UK. When the main migrant is in the UK, only GBP 800 are required to be shown as maintenance funds for main migrant (irrespective of whether the main migrant has been in the UK for less than or more than 12 months).

In the application, did you provide a copy of your visa with the UK entry date stamped on it? If you did, IMHO, you should appeal the decision.


To answer your questions:

Are there any chances of visitor-visa rejection?

High.

What consequences will it have on dependant visa application later?

None.


regards

[ipmadhu]

Sushdmehta, first of all thanks for your quick reply.

I'm confused again about the required balance. I had ruled out the option of appeal because I heard that it can take really long time (3 months to 9 months) to get a decision and several other discussion threads said that the balance to be maintained is £2800 (instead of £800) in my case.

I am quoting the following 2 points from the guidance document downloaded from UKBA website.

"40. If the Tier 1 Migrant is outside the United Kingdom or has been present in the United Kingdom. for less than 12 months, each family member of the Tier 1 Migrant must show that he/she, the Tier 1 Migrant, or (for children) his/her other parent who is also legally present in the United Kingdom has at least £1600 to support him/her; this is in addition to any funds the Tier 1 Migrant needs to prove he/she has enough money to support himself/herself.

42. For example, the Tier 1 Migrant has been in the UK for 6 months and is making an application at the same time as his/her spouse and two children. He/she must show that he/she has £1600 for his spouse and a further £1600 for each child, in addition to £800 required for his/her own support. In total the family will require evidence that they hold £5600 in available funds (£1600 x 3 = £4800 + £800). "

Point no.40 does not say how much money has to be maintained exactly for the main applicant!
Point no.42 supports your statements and my earlier presumption!

My tier1 is valid from 1st July 2010. However I came to UK first time on 21st Aug 2010 for job interview and went back to India after 2 weeks. Then, I came back to UK on 14th Nov 2010 and joined a permanent job on 22nd Nov 2010. Since then I am in UK.

We did submit the visa copy with UK entry date stamped on it ( 21st Aug 2010) along with several other documents. The complete balance was shown in my wife's account since I had spent the money in my account for relocation purpose. However, the reason for rejection was clearly about lower balance.

In the application, did you provide a copy of your visa with the UK entry date stamped on it? If you did, IMHO, you should appeal the decision.

regards

[ipmadhu]

BTW, Why do you say that the chances of visitor-visa rejection are high?

To answer your questions:

Are there any chances of visitor-visa rejection?

High.
regards

[geriatrix]

Unless the applicant can provide evidence of strong ties to the country he/she will be returning to (e.g. - home country), entry clearance application as a visitor after refusal of entry clearance application as a dependant may be seen as attempt to circumvent the rules in an effort to travel to / live in the UK.

See also Urgent help needed - Tourist visa for wife and How much to show?



regards

[salloo]

Advance accept my apology sushdmehta and correct me if I am wrong. I have read it by myself from guidance a while ago that the main applicant need to specify GBP 800 if he is in UK for more than 6 months. I couldn't find that statement now anymore. But I believe this is the reason of rejection.

[geriatrix]

The complete balance was shown in my wife's account since I had spent the money in my account for relocation purpose.

The maintenance funds meant for the main migrant (GBP 800 in your case) must be in an account where the main migrant is named as the sole/joint account holder.


regards

[anandpathak]

Dear Mr.Mehta,

Thanks for your and other expert's valuable inputs of this forum . It has helped me immensely during my initial application and I have also tried helping my best to other folks needing information.
My case:
I am in process for applying for my Dependent's Visa on 16th Feb2011.
I am in UK from 24th Oct 2010 and would be in India on a short leave for enabling my wife+kid application.
A maintenance fund of 4000GBP ( 1600+1600+800) is being maintined in my Wife's SOLE account with ICICI Bangalore. the period would be 10th Nov2010 to 14th Feb2011.

Now all confusion:
From several previous posts , I understood that for less than 1 year of the MAIN applicants stay in UK , the maintenance fund should be 1600each dependent and 800 for the main applicant. For more than 1 year of stay of main applicant its 533per member of family including main applicant.
The same is evident from the points listed apove "42" guidance note.
Alas, with this new thread of rejection and your below quote , I am totally confused . You mentioned the 800GBP need to be in My (main applicant's account. I did not find this anywhere and I am now seriously worried .
Please help me clarify this.

Cheers
Anand

The complete balance was shown in my wife's account since I had spent the money in my account for relocation purpose.

The maintenance funds meant for the main migrant (GBP 800 in your case) must be in an account where the main migrant is named as the sole/joint account holder.


regards

[anandpathak]

Advance accept my apology sushdmehta and correct me if I am wrong. I have read it by myself from guidance a while ago that the main applicant need to specify GBP 800 if he is in UK for more than 6 months. I couldn't find that statement now anymore. But I believe this is the reason of rejection.

this might help. In section 42 it explains with exaple the maintenance fund requirement for tier 1 dependent for main applicant in UK for MORE OR LESS than 12 months. NO where they talk about stay of less/more then 6 months. Hope it helps
http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

[anandpathak]

Sushdmehta, first of all thanks for your quick reply.

I'm confused again about the required balance. I had ruled out the option of appeal because I heard that it can take really long time (3 months to 9 months) to get a decision and several other discussion threads said that the balance to be maintained is £2800 (instead of £800) in my case.

I am quoting the following 2 points from the guidance document downloaded from UKBA website.

"40. If the Tier 1 Migrant is outside the United Kingdom or has been present in the United Kingdom. for less than 12 months, each family member of the Tier 1 Migrant must show that he/she, the Tier 1 Migrant, or (for children) his/her other parent who is also legally present in the United Kingdom has at least £1600 to support him/her; this is in addition to any funds the Tier 1 Migrant needs to prove he/she has enough money to support himself/herself.

42. For example, the Tier 1 Migrant has been in the UK for 6 months and is making an application at the same time as his/her spouse and two children. He/she must show that he/she has £1600 for his spouse and a further £1600 for each child, in addition to £800 required for his/her own support. In total the family will require evidence that they hold £5600 in available funds (£1600 x 3 = £4800 + £800). "

Point no.40 does not say how much money has to be maintained exactly for the main applicant!
Point no.42 supports your statements and my earlier presumption!

My tier1 is valid from 1st July 2010. However I came to UK first time on 21st Aug 2010 for job interview and went back to India after 2 weeks. Then, I came back to UK on 14th Nov 2010 and joined a permanent job on 22nd Nov 2010. Since then I am in UK.

We did submit the visa copy with UK entry date stamped on it ( 21st Aug 2010) along with several other documents. The complete balance was shown in my wife's account since I had spent the money in my account for relocation purpose. However, the reason for rejection was clearly about lower balance.

In the application, did you provide a copy of your visa with the UK entry date stamped on it? If you did, IMHO, you should appeal the decision.

regards

Hi MAdhu,
I think your case is clear.You should go ahead with an appeal rather then fresh application. The point 42 in guidence documenst (http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf) clearly explains with exaple about the maintenance fund. I even dont see any place where its mentioned that you cant keep the maintenance fund in your wife's SOLE account.
Can you quote the exact wording of your rejection letter.?
Have you missed anything critical?

Please keep us informed wbout the progress of your case.
Best Regards
Anand

[geriatrix]

40. If the Tier 1 Migrant is outside the United Kingdom or has been present in the United Kingdom. for less than 12 months, each family member of the Tier 1 Migrant must show that he/she, the Tier 1 Migrant, or (for children) his/her other parent who is also legally present in the United Kingdom has at least £1600 to support him/her; this is in addition to any funds the Tier 1 Migrant needs to prove he/she has enough money to support himself/herself.

It doesn't say that the Tier 1 dependant needs to prove that he/she has enough money to support the (main) Tier 1 migrant?

So how can a main migrant prove that he/she has the required funds to support himself/herself, until the money is held in an account that has his name as a sole/joint account holder?

Pretty much clear, IMHO ...


regards

[geriatrix]

Also, do not assume that if a particular reason for refusal is not listed in the letter then it may not be a "mandatory" requirement and can be ignored.


regards

[jessica_halida]

I will be applying Tier1 Extension for me and 1 dependant (my 4yo son). However, I am a bit confused after reading the comments below, extracted for your convenience :
For more than 1 year of stay of main applicant its 533per member of family including main applicant.

I thought main applicant is £800 and £533 for each dependant? (So I have to maintain at least 800+533 for my case).
Do correct me if I am wrong.

And if my bank account is a joint account whereby the other account holder is currently on overseas post (he submitted a form to Inland Revenue to say he'll be absence for 1 year) and he is not my dependant (he is on Tier1 PSW til 2012), would I have to show extra balance? if yes how much?

Thank you
Jessica

Dear Mr.Mehta,

Thanks for your and other expert's valuable inputs of this forum . It has helped me immensely during my initial application and I have also tried helping my best to other folks needing information.
My case:
I am in process for applying for my Dependent's Visa on 16th Feb2011.
I am in UK from 24th Oct 2010 and would be in India on a short leave for enabling my wife+kid application.
A maintenance fund of 4000GBP ( 1600+1600+800) is being maintined in my Wife's SOLE account with ICICI Bangalore. the period would be 10th Nov2010 to 14th Feb2011.

Now all confusion:
From several previous posts , I understood that for less than 1 year of the MAIN applicants stay in UK , the maintenance fund should be 1600each dependent and 800 for the main applicant. For more than 1 year of stay of main applicant its 533per member of family including main applicant.
The same is evident from the points listed apove "42" guidance note.
Alas, with this new thread of rejection and your below quote , I am totally confused . You mentioned the 800GBP need to be in My (main applicant's account. I did not find this anywhere and I am now seriously worried .
Please help me clarify this.

Cheers
Anand

The complete balance was shown in my wife's account since I had spent the money in my account for relocation purpose.

The maintenance funds meant for the main migrant (GBP 800 in your case) must be in an account where the main migrant is named as the sole/joint account holder.


regards

[Mayurkakadiya]

you need to read some information from www.ukba.com. This is a free advice website. some time some one tell you them own experience. they don't know every one is not fix in same application file process.

Check on http://www.ukba.homeoffice.gov.uk/worki ... intenance/.

Thanks Take care
Best of luck

[ipmadhu]

Anand,
The guidelines document is very misguiding us ( or British office is cheating us) and as I learnt recently, couple of other applications have been rejected for the same reason.

As I have heard that, appeal process takes lot of time to get resolved. Even after decision is overturned by the court, they may take about 3 months to just honor the decision & stamp the visa.
Also, I had written an email to Chennai British office quoting this guidance document, which is a kind of informal review. They called us back after 2 weeks and said that the decision remains unchanged & directed us to go for appeal if we wish.

So, I have decided to reappply (3 months waiting) rather than appeal (6 to 9 months waiting??) due to time constraints.

So if you are yet to apply, I suggest you to take the safer approach of maintaining the higher balance.

Wishes,
Madhu.

Hi MAdhu,
I think your case is clear.You should go ahead with an appeal rather then fresh application. The point 42 in guidence documenst (http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf) clearly explains with exaple about the maintenance fund. I even dont see any place where its mentioned that you cant keep the maintenance fund in your wife's SOLE account.
Can you quote the exact wording of your rejection letter.?
Have you missed anything critical?

Please keep us informed wbout the progress of your case.
Best Regards
Anand