Urgent Please help Tier 1 General Refused

[kashich1]

hi i applied for tier 1 general in march 2011, they kept holding it for 9 months and finally refused it on maintinance fund, i have attached letter from FSA registered financial firm saying that they owe me funds more than 90 days prior to application, the homeoffice refuesed my application saying though company is FSA registered but cant hold money.

My point is being a client how can we be aware of the regulatory side of the things, the only source of information we can follow is tier 1 general guidance
and it only states that a letter from a FSA registered firm confirming the funds will be considered as evidence of Maintenance.

I will greatly appreciate any one who can help and advise.
or any one who had the same situation and can share his / her experience.

[Lucapooka]

Without knowing the type of FI and what arrangements you personally have with them with regard to them holding your money, it's not possible to comment in a meaningful way on your predicament.

165. Evidence must be in the form of cash funds held in an account (this includes savings accounts and current accounts even when notice must be given). Other accounts or financial instruments such as shares, bonds, pension funds etc, are not acceptable, regardless of notice period.

[black7]

hi i applied for tier 1 general in march 2011, they kept holding it for 9 months and finally refused it on maintinance fund, i have attached letter from FSA registered financial firm saying that they owe me funds more than 90 days prior to application, the homeoffice refuesed my application saying though company is FSA registered but cant hold money.

My point is being a client how can we be aware of the regulatory side of the things, the only source of information we can follow is tier 1 general guidance
and it only states that a letter from a FSA registered firm confirming the funds will be considered as evidence of Maintenance.

I will greatly appreciate any one who can help and advise.
or any one who had the same situation and can share his / her experience.

Difficult and slightly complicated, and importantly they kept it holding for 9 month, I believe they should have done their due dilligance.. So I think the best option will be to seek a legal advice

Regards

[kashich1]

Thanks very much indeed for your replies.

1) Firstly its a mortgage company which confirmed in writing that hold my money from more than 90 days as deposit to them (Money is more than what i need for my maintenance) and i have immediate access to this money any time without any written notice.

2) Secondly i know more some similar cases where a letter from a FSA regulated firm is submitted as proof of Maintenance ( one of them even submitted from the same company) and it has been accepted and they have been granted leave.

Will you be kind enough to advise in this scenario.

[Lucapooka]

Firstly its a mortgage company which confirmed in writing that hold my money from more than 90 days as deposit to them

You mean a building society and that you have a savings or other cash account with them? I'm trying to understand how your financial arrangement with this FI matches the definition in the guidance.

[anotherguy]

Hi kashich,
Sorry to hear about your case. Have you been given a right to appeal ?
Can you please tell me the date you gave your biometrics on and
when your current visa is expiring ?

[kashich1]

Its not a building society, its a kind of mortgage and insurance broker.

i gave my bio-metrics in May 2011, i have not been given right to appeal and my current leave is still valid for 4 months. the only option i can go for is Pre-action protocol but please advise to build my case strong enough to go for pre action protocol

[Lucapooka]

Its not a building society, its a kind of mortgage and insurance broker.

Generally, mortgage and insurance brokers are financial intermediaries that are not operationally set-up as banks or savings schemes. This institution may have your money but perhaps not in the sense that the UKBA demands. Without further information from you as how they conduct their business, I would have to agree with the refusal but I do wonder why it took them 9 months to reach a decision that, to my mind, seems quite obvious. Perhaps they were having difficulty making contact with or getting a response from the brokerage to confirm their unsuitability.

[ban.s]

in what capacity / purpose were they holding your money?