TIER 1 VISA DENIED DUE TO LOW MAINTAINENCE FUNDS.PLEASE HELP

[karancat]

Dear Friends,

I had applied for a tier 1 general visa on 5 november 2010.I got all the points for my earnings,qualification,language requirement and age.

However my visa has been rejected because of low maintainence funds on 26,27,28 July 2010.

I was under the impression that the maintainece funds should be present in the account 90 days prior to the application (that would make it from 5 august 2010).I had the required funds from 29 july 2010 in my account.

I also realised the the bank statements that I had submitted had the last transaction on 25 october 2010. I understand that the case worker considered this date and then considered 90 days prior to this.

I have appealed against this decision at the AIT.

I only wanted some advice that if I provide my bank statements between the window of 25 october 2010 to 5 november 2010 (which was my actual date of application) what are my chances of winning the case.

Some advice would be greately appreciated[/b]

[geriatrix]

What dates did the banks statement(s) cover(i.e. from - to)?


regards

[karancat]

I had submitted my Bank Statements (reflecting my salary) covering the period from 01 october 2009-25 october 2010.

They also did consider my final transaction on the 25 october 2010 and granted me the required points for my earnings.

Also I wanted to conform what is my spouse,s status would be when my appeal is in process ?

your help much appreciated.

Karan

[Mayurkakadiya]

Hi
I am consultant in London. you need to show them a last 3 month bank statement as a maintenance fund. if you are a single applicant you need to show them to £800. or you have any depended then you need to show £800 each depended.

You said in Comment your last transaction on 25 October 2010. so that's mean your balance start from 25 July 2010.
1st month: 25 July 2010 to 24 August 2010.
2nd Month: 25 August 2010 to 24 September 2010.
3rd month: 25 September 2010 to 24 October 2010.

so in this case they are right because your balance is low on 26, 27, 28 July 2010.
you need to do fresh application before 31 march 2011. after that they are stop (Close) the Tier-1 (General).

[karancat]

Thanks for your help Mayur.

But I had submitted the application on 5th of november. Should they not consider 90 days prior to 5th november 2010. (Which makes it from 5th August 2010).If I provide them with the bank statements from 25 oct 2010 to 5 november 2010 at the time of the appeal would they not consider the case? I have checked quite a few cases on the forum where applicants have got the permission at the AIT for missing statements. What would you recommend?

If I need to make a fresh application can I do so when I,ve already requested for an appeal?

Also what would be my spouse,s status at the time of the appeal.

Thank you

[rizash76]

Hello,in my view You have good chances in appeal. I was short of fund for 3days as well but I was submitted my sole trader business account as well and I have had decision in my fever. keep in mind that policy guidance is not a immigration law. for ue wife if u both applied same time and u already appealed against the decision so ur current live will b extended until the court decides ur appeal. try to focus on 5th august to 5th November date and this case worker's error ( case worker should have been considered last 90 days from 5th august to 5th November.
u have very good chance as for my own experience concerned. good luck.

[karancat]

Thank you for your advice riyash76.

I had another query as well.How long does it take to recieve the hearing date ? and how long after that would be the actual hearing? do you think it,s better to appoint a solicitor?

The time period when the case is in the appeal process- will the time gap affect ILR in the future?

your help is much appreciated

[geriatrix]

Also I wanted to conform what is my spouse,s status would be when my appeal is in process ?

All applicants will have same immigration status while the appeal process is ongoing. See also Section 3C.


regards

[karancat]

thank you sushdmehta

[danysoho]

Dear Friends,

I had applied for a tier 1 general visa on 5 november 2010.I got all the points for my earnings,qualification,language requirement and age.

However my visa has been rejected because of low maintainence funds on 26,27,28 July 2010.

I was under the impression that the maintainece funds should be present in the account 90 days prior to the application (that would make it from 5 august 2010).I had the required funds from 29 july 2010 in my account.

I also realised the the bank statements that I had submitted had the last transaction on 25 october 2010. I understand that the case worker considered this date and then considered 90 days prior to this.

I have appealed against this decision at the AIT.

I only wanted some advice that if I provide my bank statements between the window of 25 october 2010 to 5 november 2010 (which was my actual date of application) what are my chances of winning the case.

Some advice would be greately appreciated[/b]

I thick u bearight, just advice your solicitor on the case of secretary of state v Pankina. That will do the magic

[add_mah]

Hi Karancat, sorry its not related to your query but just want a small information whether have you submitted all the original bank statememnt or you took out some duplicate too, because i am applying for my visa next week and i got 2 months of my bank statement (Natwest) duplicate, just requested through post, dont know whether HO will accept those or not.
Any comment will be highle appreciated.

Thanks

[karancat]

Hi,

Please dont make the mistake which a lot of applicants have.Get your statements stamped from the bank.It,s a very simple procedure.Simply ask your branch manager to stamp it mate.

The home office works on a tick box rule.If the statements are not stamped they,re considered invalid.

Home office do not use logic.They only believe in what they see.