Need help with maintenance fund. Pks help urgent!!

[drkooper]

Hiii, I had my PEO Cardiff.

Needed to show maintenance funds. I showed it from my business account as I am self employed and get money from clients in the business account. I am the only Person invOlved in the business.
Caseworker rejected the application. Stating that money has to be shown from personal bank account .
Caseworker has given me time to send any additional bank statement. But I am not meeting the requirement with the other bank statements.
I have 4000 pounds in my Indian bank account.
Can I use the Indian bank off maintenance.

I need alll your opinions om this issue.

Regards
A

[geriatrix]

Yes.

[drkooper]

Yes.

Thanks for answering. I asked the caseworker about it she said that she might consider but wasn't too keen about it . Is there anything I can do or say if she refuses tO acknowledge my bank statement from india?


Regards
A

[geriatrix]

I don't see how a caseworker can refuse! There is nothing in the rules to state that the bank account(s) must be held in UK.

What immigration rules state is that you should have held the necessary funds in your personal account for 90 days and the funds should be readily accessible. Period!

[drkooper]

Thanks sushdmehta, regarding Indian bank account. Would like your opiniOn regarding te money in business account. Can it not be used as maintenance fund like getting a statement from the bank saying thAt the minimum funds are available for immediate access?

Thanks for your help till now.

Regards

[huma]

hi i am really surprised that we can't use business account to show our funds, is there any immigration rule that says can't show business account on your name for maintenance funds.

[drkooper]

hi i am really surprised that we can't use business account to show our funds, is there any immigration rule that says can't show business account on your name for maintenance funds.

That's what I thought and I have ample money in there and hence used it to show fund requirement. The caseworker just told she is following the policy guidelines.
Any other thoughts on my issue?

[drkooper]

I don't see how a caseworker can refuse! There is nothing in the rules to state that the bank account(s) must be held in UK.

What immigration rules state is that you should have held the necessary funds in your personal account for 90 days and the funds should be readily accessible. Period!

My funds are readily accessible from my business account and TH business is only run by me. I am regretting the day when I opened the business account, should have kept it as personal.

[huma]

i applied and showed my business and personl account for funds and in my business account the minimum money for three months is more than maintenance funds each and every day, so thats mean my application will be refused. did u check guide lines for case worker and which immigration rule tells us which account they will concider.

[huma]

can u tell me what kind of company do you have? are u sole trader or you have limited company.

[tier1_applicant]

Refer to guidance notes below mentioning only personal bank statements will be considered (so business bank statements is automatically excluded):

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf


170. Only the following specified documents
will be accepted as evidence of this
requirement:
i) Personal bank or building society
statements covering a consecutive 90 day
period: The most recent statement must be
dated no more than one calendar month
before the date of application.

[drkooper]

Refer to guidance notes below mentioning only personal bank statements will be considered (so business bank statements is automatically excluded):

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf


170. Only the following specified documents
will be accepted as evidence of this
requirement:
i) Personal bank or building society
statements covering a consecutive 90 day
period: The most recent statement must be
dated no more than one calendar month
before the date of application.

I understand the point now. But we need to understand that I am a sole trader and in the business account there is no mention of the company name as I havent created one. The business account name comes as
ACCOUNT NAME : Mr XYZ BUSINESS ACCOUNT.
where XYZ is my name.
And the funds were for my personal use all the time and I have no liability as was confirmed by my accountant letter.
And I understand the point 170 very well NOW, so if caseworker goes according to it solely then yes she can ignore the bank statements, but point 170 is a guidance rule, it is not an immigration law so when I have right of appeal I should be able to overcome.
However, I would like the opinion of all the seniors please in this matter.
I have about 12 days to send any additional document before my case will be decided so any help is appreciated.

Regards
A

[drkooper]

Refer to guidance notes below mentioning only personal bank statements will be considered (so business bank statements is automatically excluded):

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf


170. Only the following specified documents
will be accepted as evidence of this
requirement:
i) Personal bank or building society
statements covering a consecutive 90 day
period: The most recent statement must be
dated no more than one calendar month
before the date of application.

I just found some more information. Could not sleep after coming back so still doing some research. Here is what I found.
If you go under IMMIGRATION RULES and select APPENDIX C: MAINTENANCE FUND

http://www.ukba.homeoffice.gov.uk/polic ... appendixc/

CHECK POINT G

it says
"Where the applicant is applying as a Tier 1 Migrant, a Tier 2 Migrant or a Tier 5 Migrant, the funds must have been under his own control on the date of the application and for the period specified in (b) above;"

I have read through the whole section and nowhere does it state that the money has to be in PERSONAL ACCOUNT or BUSINESS ACCOUNT. It just says that the funds have to be under the applicants control.

Now, will this point of IMMIGRATION RULES counter point 170 of policy guidance regarding personal bank statement?

Pls provide your opinion regarding this.

Regards
A

[tier1_applicant]

If you look at immigration rules, it seems to point to guidance notes implicitly for specified documents e.g. what you should have to prove to comply with immigration rules:

(e) The applicant must provide the specified documents.

(b) applying for leave to remain, has the level of funds shown in the table below and
provides the specified documents.
Level of funds Points
£800 10

and definition of specified documents is pointed to guidance notes even though in a separate categories rules (Appendix A)

Documentary evidence must be provided in all cases. Specified documents as set out in the Tier 1 (Entrepreneur) Guidance, published on the UK Border Agency website, must be provided as evidence of any investment and business activity that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant.

[drkooper]

If you look at immigration rules, it seems to point to guidance notes implicitly for specified documents e.g. what you should have to prove to comply with immigration rules:

(e) The applicant must provide the specified documents.

(b) applying for leave to remain, has the level of funds shown in the table below and
provides the specified documents.
Level of funds Points
£800 10

and definition of specified documents is pointed to guidance notes even though in a separate categories rules (Appendix A)

Documentary evidence must be provided in all cases. Specified documents as set out in the Tier 1 (Entrepreneur) Guidance, published on the UK Border Agency website, must be provided as evidence of any investment and business activity that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant.

Is there anyone this forum who had submitted business bank statements for maintenance funds? Could anyone share their experience please?

Thanks
A

[drkooper]

Hii , it's me back again. I am working on getting a letter from my bank regArding the business account. And also frOm the accountant.
In addition to that, I have 300000 INR in MIS post office scheme in india. I had put the money in 2007 and it's for a period of 6 years. However the terms say that I can withdraw the money anytime After 1 yr but there will be a penalty of 5% of the total amount. I am planning to get a letter stating that the mOney is readily available to me. Do you think it would count towards maintenAnce funds . If yes, could you please provide any format for me for the letter. Can I use the same format as in the sticky thread regarding maitenance funds. Pls provide your opinions


Thank you ALL
A

[geriatrix]

Is there anyone this forum who had submitted business bank statements for maintenance funds? Could anyone share their experience please?

A simple search of the forum will help (e.g. - this post).
AIUI, a business account belongs to the business, not the individual - irrespective of the extent of ownership / liability of the individual towards the business in question.

I have 300000 INR in MIS post office scheme in india. I had put the money in 2007 and it's for a period of 6 years. However the terms say that I can withdraw the money anytime After 1 yr but there will be a penalty of 5% of the total amount. I am planning to get a letter stating that the mOney is readily available to me.

Since post office in India operates as a NBFC, you'll also need a letter confirming that the money held in the post office is done so as per RBI guidelines, and that the NBFC business of PO is regulated by RBI.

[drkooper]

Justto confirm do these statements need to come from RBI or PO. Also, could you please help me with the format.


Many thanks

[geriatrix]

Ideally such statement(s) should be issued by the one who certifies (RBI in this case) rather than one who asserts (PO in this case).

But, a letter from the asserter may be acceptable by UKBA if such a letter includes certified copy of formal document(s) issued by the regulator (RBI) confirming that the institution (PO) is a "regulated institution". An example of such formal document can be a certificate issued by RBI to PO to operate as a NBFC.

IMHO ....

[drkooper]

Ideally such statement(s) should be issued by the one who certifies (RBI in this case) rather than one who asserts (PO in this case).

But, a letter from the asserter may be acceptable by UKBA if such a letter includes certified copy of formal document(s) issued by the regulator (RBI) confirming that the institution (PO) is a "regulated institution". An example of such formal document can be a certificate issued by RBI to PO to operate as a NBFC.

IMHO ....

Thank you for the information.

A

[drkooper]

Ideally such statement(s) should be issued by the one who certifies (RBI in this case) rather than one who asserts (PO in this case).

But, a letter from the asserter may be acceptable by UKBA if such a letter includes certified copy of formal document(s) issued by the regulator (RBI) confirming that the institution (PO) is a "regulated institution". An example of such formal document can be a certificate issued by RBI to PO to operate as a NBFC.

IMHO ....

I am back. I will be getting a letter from the department of posts, india. Its been posted to me. It contains informTion about points mentioned I the policy guidance.
However, the dept of posts does not fall under the purview of RBI as its a govt entity , hence it is controlled directly by Ministry of Finance. Will this have any bearing on it's validity as a source of maintenance fund.


Regards
A

[geriatrix]

See 170(iv).
Ministry of Finance is not a regulatory body, RBI is.

IMHO ....

[[iD]]

If you look at immigration rules, it seems to point to guidance notes implicitly for specified documents e.g. what you should have to prove to comply with immigration rules:

(e) The applicant must provide the specified documents.

(b) applying for leave to remain, has the level of funds shown in the table below and
provides the specified documents.
Level of funds Points
£800 10

and definition of specified documents is pointed to guidance notes even though in a separate categories rules (Appendix A)

Documentary evidence must be provided in all cases. Specified documents as set out in the Tier 1 (Entrepreneur) Guidance, published on the UK Border Agency website, must be provided as evidence of any investment and business activity that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant.

Is there anyone this forum who had submitted business bank statements for maintenance funds? Could anyone share their experience please?

Thanks
A

My mate did the same and his application was refused. What he did, was to appeal against the decision in the court and it took more than 3 months for court to arrange a hearing. By then he had money in his personal account which was shown to the jury and they allowed the appeal.

By the way, money in business account belongs to business. I've personally had this discussion here in the past but at the end of the day HO does not consider business bank statement as a valid proof of maintenance.

[geriatrix]

By then he had money in his personal account which was shown to the jury and they allowed the appeal.

Similar course of action is no longer a possibility.