Tier 1 Case worker need more evidance for maintenance funds

[angelloveguy]

Hello All,

My friend has applied for Tier 1 General Application. Today he has received an email from Case worker which states as follows. Please reply and let me know what he should do?

Case worker Said:

“Further to your application for leave to remain in the United Kingdom as a Tier 1 (General) Migrant we need additional evidence before we are able to complete the case.
You have sent bank statements for your Barclays Business Current Account but personal bank statements are needed to assess the maintenance requirement. These should cover a period of 90 days ending within a month before the date of your application which was 20 April 2011.
Please send the requested documents to the address below. We must have them by Thursday 7 August 2011 to include them in the application. If we haven't received them by then, we must consider the application on
the evidence we have at hand. We would strongly recommend that you use Special Delivery."

He actually maintained his funds with his Business account as he is full time self-employed. He have his personal bank account and in April ending he had £4000 in his account but not all the time in previous 3 months.

[vinny]

Didn't he have sufficient funds over the 90 days period?

[angelloveguy]

No !!! he had money in his Business acccount as he thought that he can show maintence fund from his Business account. so 90 days are covered from his Business account but not from his Personal Bank Account.

He have money in his personal Bank account but not all the time in last 90 days. the clossing balance on 90th Day was above the limit.

[vinny]

What's the difference between a personal account and a business account, other than the account type?

[Greenie]

What's the difference between a personal account and a business account, other than the account type?

ukba 's argument is that funds in a business account are funds available to or belonging to the business and not to the applicant. Perhaps in the case of someone who is self employed you could argue that this is not the case?

[goldfish]

Was he using the business statement to show earnings as well? If he was paying a salary to his personal account (e.g. running a limited company) then the funds in the business account are clearly separate from personal funds. If he used the business account to show earnings, then it could be argued that there isn't a distinction between business and personal.

[angelloveguy]

So what should you people suggest , should he send his personal bank account statement with a letter mentioning that as a self employeed his Business account is still his own money and belongs to him. ?

[tier1_applicant]

So what should you people suggest , should he send his personal bank account statement with a letter mentioning that as a self employeed his Business account is still his own money and belongs to him. ?

It is very clear in guidance - you can not use business account for maintenance funds.
--earnings--
Self-employed earnings within a business
or company structure:
If an applicant has worked in a selfemployed capacity in his/her own business
or company structure and has chosen to
keep his/her earnings within the business or
company, he/she could provide:
• business or company accounts that meet
statutory requirements and show the
net proï¬

[angelloveguy]

OK so now it's clear that he can not use his self-Employeed Business account and he have to show his Personal Bank account statement.

He told me that he had enough money in his personal account but not all the time in last 90 days.

so what should he do??? now do he have any chance to avoid Tier 1 refusal just because of Maintenance Funds.

[angelloveguy]

Hello everyone,

Thanks for all the help, my friend sent a letter from his Accountant explaining his position and a letter from Bank to home office.

He got his visa today.

Great.>!!!!!

[mskhan]

Can you please share his timeline with us?

Cheers