Maintenance Funds for UK Tier 1 Dependant

[swathika]

Hi,

I am applying for UK Tier 1 Dependant visa in India. My husband is currently residing in UK since July,2011. I have a doubt regarding maintenance funds. My husband has maintained 4400 [ 2800 + 1600 ] pounds exactly for three months. Can you please advise me if this is sufficient enough or there are any risks if the funds are exact.

It would be nice if i get a swift response since am going to apply next week.

Thanks.

[Lucapooka]

The amount required is 1600 so if there is more than this you have easily met the requirement. You only need to show maintenance for the dependant in situations where the PBS migrant already has their leave and is not applying at the same time.

[swathika]

The amount required is 1600 so if there is more than this you have easily met the requirement. You only need to show maintenance for the dependant in situations where the PBS migrant already has their leave and is not applying at the same time.

Hi,

Thanks for the reply. Actually i had got my visa rejected already though we showed 3300 pounds. It got rejected stating that the main applicant [my husband ]should show 2800 if he has not completed 1 year in UK and 1600 for the dependant [me]. So this time we are applying with 4400 pounds. I am bit worried if this amount is enough. I like to re-iterate tat my husband is staying in UK since July 2011 and I am in India now.

[Lucapooka]

You should have appealed; it was an incorrect decision. There is no requirement for the PBS migrant to show maintenance if they are not applying at the same time as the dependant.

[swathika]

You should have appealed; it was an incorrect decision. There is no requirement for the PBS migrant to show maintenance if they are not applying at the same time as the dependant.

Hi,

I am really shocked... Thanks a lot for throwing light on this.

Regards
Swathika

[shahmir]

No I think the decision was not wrong.

It has been discussed here many times especially by sushdmehta that ECOs interpret some guide lines regarding maintenance funds according to their own understanding.

I have also read that the spouse funds should be maintained in addition to the Tier 1 migrant's funds.

I entered UK as Tier 1 (G) Migrant in June 2011. My wife and two children applied as dependents recently. We produced them minimum evidence of 2800+(1600x3) = £7600

For you, 2800+1600 is perfect. Go ahead.

[Lucapooka]

Appendix E deals with the maintenance requirement for PBS dependants. There are references in Appendix E made with regard to the PBS migrant being required to provide maintenance in addition to the PBS dependant:

(e) Where the Relevant Points Based System Migrant is applying for entry clearance or leave to remain at the same time as the applicant, the amount of funds available to the applicant must be in addition to the level of funds required separately of the Relevant Points Based System Migrant

[...]

(l) Where the application is one of a number of applications made at the same time as a partner or child of a Relevant Points Based System Migrant (as set out in paragraphs 319A and 319F) each applicant, including the Relevant Points Based System Migrant if applying at the same time, must have the total requisite funds specified in the relevant parts of appendices C and E.

As you can see, the PBS migrant applying at the same time as the dependant is a condition of his necessity to provide maintenance for himself in addition to his dependant. Otherwise, not necessary.

Appendix C deals with the maintenance requirement for PBS Migrants. There are references in Appendix C made with regard to the PBS Migrant being required to provide maintenance in addition to the PBS dependant:

(h) Where the application is made at the same time as applications by the partner or child of the applicant (such that the applicant is a Relevant Points Based System Migrant for the purposes of paragraph 319AA), each applicant must have the total requisite funds specified in the relevant parts of appendices C and E. If each applicant does not individually meet the requirements of appendices C and / or E, as appropriate, all the applications (the application by the Relevant Points Based System Migrant and applications as the partner or child of that relevant Points Based system Migrant) will be refused.

Again you can see, the same conditional clause exists and the need for the PBS migrant to show maintenance for himself in addition to the PBS dependant, when the PBS dependant is not applying with the PBS migrant, is neither mentioned nor demanded. I understand there may have been a very small number of refusals cited on this forum, but they have been incorrect refusals by inept ECOs that were reversed on appeal. The guidance does not help as it seems to favour referring to applications made at the same time as the PBS migrant rather than made separately. However, paragraphs 43 and 46 do refer to applications made separately from the PBS migrant and those don't ask for the PBS migrant to provide proof of maintenance in addition to the applicant.

[shahmir]

Correct. That is what one can expect from a Guru.

However, I still suggest that if the dependents can afford to show more funds (I mean including additional £2800), they should do that when applying to eliminate the risk of getting refused at first instance, when they are applying within first 12 months of main migrant's first arrival in the UK.

Appeals take ages and there are people who even reapply rather than waiting for appeal orders. Reapplying costs them even more. The fee is £800 for each dependents even if it is 2 days old child.

The above is a clear example where the applicant was refused and told that they should have maintained an extra £2800. I have seen cases where in same scenario, ECOs asked for extra £800. So to get a positive and quick decision, I feel it is advisable to show extra funds of £2800 in case where dependents are applying within one year of main migrant's first arrival in the UK.

@swathika Now after analyzing all this, I think you should have appealed for the first application rather than maintaining funds for three months again.

[Lucapooka]

No I think the decision was not wrong.

So if you agree with my interpretation of the rules and think it's correct you can't say the decision was correct, as you have seem to be indicating above. The point is that it's best to apply with more maintenance but not everyone can and the poor training of some ECOs who are refusing on this basis does not make that decision a correct one. Every decision I have been made aware of that was refused on this basis has been easily overturned in the ECM review stage of the appeal, when a competent person sees the mistake.

[shahmir]

No I have clearly said that your opinion is correct. What I am still suggesting is however, quite different.

Because I know when you are away from children, how difficult it is. I am experiencing this and just do not want anyone to take even 1% risk because of some illiterate ECOs sitting there.

And I am learning from you Guru, keep it up.

[swathika]

Hi shamir & luca,

Many thanks for your discussion. I have one more doubt to be cleared. We are expecting a child by March,2011 [ to be born in UK]. Can you please advise when we can apply dependant visa for the baby and what is the grace period to apply.

Regards,
Swathika

[Lucapooka]

There is no grace period. You don't have to make any application for a child born in the UK unless and until the child wishes to leave the UK and re-enter. If you don't make an application and you later get ILR, you can register the child as British rather than apply for his/her leave to remain.