Tier-2 extension - Maintenance under General ground

[shivuk]

We are currently under tier - 2 visa and will be applying for extensions (in country) again under tier-2. I understand that we do not need to satisfy any maintenance requirement for earning points under PBS system.

I have read the following in the modernised guidance for general ground for refusing:
“All categories of the Immigration Rules now need applicants to maintain and accommodate themselves without using public funds.“

I am thinking of using the example calculation process/calculation published in the Family Migration consultation document (Page 21) to meet the maintenance requirement.
Could you advise whether it is an appropriate one to use for tier-2 extension?

The calculation:

Net income ................................................ £404.00
Less housing costs........................................£180.00
Net income for comparison ............................................£223.00

Equivalent Income Support rates:
Personal allowance for couple..........................£105.95
Add Basic family rate .....................................£ 10.48
Add Tax credit for 3 dependent children.............£147.39
Total Income Support rate for comparison.......................£ 263.82

Suppose if we use this, we would not meet the maintenance requirement as the Income Support rate is £40.82/week higher than my net income.

Obviously I was in the same situation when I applied for Tier-2 outside the UK about three years ago. At that time, I provided evidence for the fact that my wife has got sufficient prospect of employment in the UK!! I hope I can do the same this time as well although it is not listed in their process.

We still have some fund in an overseas bank and another about £3400 maintained more than 3 months in the UK account. This will decrease the difference of £40.82 to £9.00/week!

My wife will start looking a job only after last child starts schooling in September 2012. Is there is a chance of making them to accept this as an evident for meeting maintenance requirement in the current economic climate?

Will they accept the funds in overseas Bank as an evident? If so we are safe even if take our application fees of £1650 into account!

If they do not accept funds in an overseas bank, is it sensible to include the rent deposit of £1000?

Sorry for asking too many questions in a single post!! We look forward to hearing your expertise advice – THANKS.

[Greenie]

there is absolutely no need to meet the maintenace requirement in the way you have set out for tier 2 extensions. You need to read the policy guidance documents which sets out the maintenance requirements for tier 2/PBS dependents and which bears no correlation whatsover to the calculation shown below.

[shivuk]

Many thanks for your reply.

I do not claim that I have a full understanding of the policy guidance, but the para 7 (page 2) of the document says:

Even if you score the required 70 points your application will still be considered under the General Grounds criteria and may lead to your application being refused. Please see our website for further information on General Grounds for Refusal: http://www.ukba.homeoffice.gov.uk/sitec ... -refusing/

Can one argue that since the general ground for refusing dicatates all categories of the Immigration Rules now need applicants to maintain and accommodate themselves without using public funds, Tier-2/PBS dependent should satisfy these general maintenance requirement?

Please correct me if I am wrong or muddle up entirely different thing with the Tier-2 extension.

THANKS

[Greenie]

Many thanks for your reply.

I do not claim that I have a full understanding of the policy guidance, but the para 7 (page 2) of the document says:

Even if you score the required 70 points your application will still be considered under the General Grounds criteria and may lead to your application being refused. Please see our website for further information on General Grounds for Refusal: http://www.ukba.homeoffice.gov.uk/sitec ... -refusing/

Can one argue that since the general ground for refusing dicatates all categories of the Immigration Rules now need applicants to maintain and accommodate themselves without using public funds, Tier-2/PBS dependent should satisfy these general maintenance requirement?

Please correct me if I am wrong or muddle up entirely different thing with the Tier-2 extension.

THANKS

you are muddled up. You do need to maintain and accomodate yourself without recourse to public funds, but they way you demonstrate that is by showing that you meet the maintenance requirements as set out in the policy guidance.

[shivuk]

Many thanks for your reply.

I agree that I am confused.

The only maintenance requirement that I can see in the policy document is that £800 for main applicant £533 for each dependents. My understanding is that these amounts are set out as the applicants need money to settle in the UK and to maintain themselves until they receive first month salary. That is why applicants having entry clearence as Tier-2 migrants do not need to meet this requirement to claim their points for maintenance.

Please correct me if I am wrong.

I am still confused how those who extends their leave can demonstrate that they can maintain and accomodate themselves without recourse to public funds!

Your advise would be highly appreciated.

THANKS

[Greenie]

you meet the maintenance requirement as set out in the policy guidance, it is as simple as that.

[shivuk]

MANY THANKS.

[doc44]

there is absolutely no need to meet the maintenace requirement in the way you have set out for tier 2 extensions. You need to read the policy guidance documents which sets out the maintenance requirements for tier 2/PBS dependents and which bears no correlation whatsover to the calculation shown below.

Hi,

I have a question if you could help.
I am on Tier 2 visa just got 1 month ago from within UK.
My wife and daughter are applying from outside UK (BACK HOME) now as tier 2 dependent.
How much maintenance fund is required for them.

I am here for the last 4 years in UK. Do I need to show 533 for each dependent (wife and daughter) or should I also need to show 800 pounds for myself.
I have maintained 1200 pounds for the last 3 months but not sure if 800 pounds for myself are also needed or not.
I am transferred from work permit to tier 2, 1 month ago within UK. Thanks.