Tier 1 General Dependents extension visa rejected for funds

nag123ram · Post by **nag123ram** » Fri Jul 20, 2012 1:06 pm

Dear Immigrationboards support support,

I've query about Tier1 General dependent visa as the dependents visa extension got rejected due to maintenance funds stating £3200 in the refusal letter. application was made on 30th may 2012 assuming £533 per dependant i.e. total £1100 in the bank for 90 days.

I'm on Tier 1 General which was initial granted from 1st Dec 2008 till 1st Dec 2011 and so I've applied the extension visa in UK and was granted from 28th Dec 2011 till 28th Dec 2013. I'm working in u.k since 16th Dec 2008 as self employed.

My wife was living with me and My child was born in April 2011 in U.K and both of them left U.K in Aug 2011 to visit India for religious Rituals, since Aug 2011 both my wife & child are in India till date.

my queries, now how much funds do I need to maintain in the bank for 90 days.

as per UKBA site, its given as i.e after 14 jun 2012, £ 600 per dependent for 90 days as maintenance funds if the main applicant is in UK for more than 12 months.

one more place it shows if the main applicant is less then 12 months in UK, then I need to maintain £1800 per dependent for 90 days as maintenance funds.

since I'm living in Tier1 visa from 16th Dec 2008 in u.k will it be considered as more then 12 months or less than 12 months since my tier1 visa extension is done in 28th Dec 2011?

please clarify.

Thanks in advance

layman · Post by **layman** » Fri Jul 20, 2012 2:02 pm

Please post the exact wordings of the rejection letter(omitting out any personal references).

How many dependants had applied?
How much funds had you shown for the maintenance requirement?
What had you mentioned regarding maintenance funds in the cover letter(if given with application)?

aravindb4u · Post by **aravindb4u** » Fri Jul 20, 2012 2:07 pm

You are saying the dependants are in India and I guess their visa is already expired. So are they applying for Entry clearance once again?

Like layman asked, please specify when did they apply?

nag123ram · Post by **nag123ram** » Fri Jul 20, 2012 3:09 pm

Dear Layman,

Thanks for response

the refusal letter is in scanned image as .jpeg, not sure if i can attach the jpeg image in the post.

they've refused for 2 things 1. is funds & another is paritial bank statements are printouts. I'll try attach the letter (by type all of them)

How many dependants had applied?
--> 2 dependents, i.e. my wife + child.

How much funds had you shown for the maintenance requirement?
--> £1150 as maintenance funds, think £533 + £533 = £1066 for both dependents as applied on 30th may 12

What had you mentioned regarding maintenance funds in the cover letter(if given with application)?
--> actually in covering letter I've not specified exact amount, but just given as maintanance fund is maintained for 90 days which was given as per my immigration consultant.

Dear Aravindb4u,

yes, my family is in india and their visa is expired with mine i.e dec'2011. I'm not sure if the extension is considered as entry clearance, please guide me.

given the details above.

Thanks again for your support.

ramyanar · Post by **ramyanar** » Fri Jul 20, 2012 5:53 pm

As u r in UK for more than 12 months i think 533+533 but the case worker calculated 1600+1600. Some one plz reply

rainbow123 · Post by **rainbow123** » Fri Jul 20, 2012 10:58 pm

deleted my message as it might not be fully correct.

Basically can someone clarify whether nag123ram has to show funds
for himself as well ?

layman · Post by **layman** » Mon Jul 23, 2012 11:14 am

@rainbow123 - There are different opinions on this on the forum. I believe that the maintenance funds need to be shown for the main applicant as well, even if not applying at the same time since they will be living together and the funds would be required to sustain the entire family and not only those who are applying.

But then that is my view and interpretation of UKBA guidelines, specifically clause 47 of the Dependants policy guideline. Hence I wanted to know what was specified in the rejection letter.

shargaur · Post by **shargaur** » Mon Jul 23, 2012 1:50 pm

I agree with layman.

It has to be 800 (you) + 533 (your wife) + 533 ( your child).

ruvi · Post by **ruvi** » Mon Jul 23, 2012 3:58 pm

so are you saying when you are applying for initial entry clearance its now 900+600+600, please clarify I am applying for my children to join me I have been in uk since Feb of 2009.

Rajeev123 · Post by **Rajeev123** » Wed Jul 25, 2012 12:04 pm

Guys i am in the same situation

Dependant application from Outside UK (main migrant has been in the UK for >12 months) =??

Please can we have some clarity..

rainbow123 · Post by **rainbow123** » Thu Jul 26, 2012 10:10 pm

Can some one confirm the requirement of
more than or less than 12 months, does not mean 12 month of working in UK. It seems obvious, but pls clarify.

Thanks

Rajeev123 · Post by **Rajeev123** » Mon Jul 30, 2012 3:20 pm

Hi Guys-
So we are going ahead with the application with following documents- kindly let me know if I am missing anything.

My Documents
1. Passport Copy
2. UK Visa Copies
3. Work Payslips
4. Letter from the employer confirming the employment
5. Tier 2 BRP card copy

Wife’s documents
1. Passport
2. Marriage Certificate
3. Marriage Photos
4. Bank Statements showing the funds equivalatent to £600.00 (Rs 53,000) since 01/05/2012 till the date of the application.

Kindly give your advise.

varghesejim · Post by **varghesejim** » Wed Aug 01, 2012 5:33 am

rainbow123 wrote:deleted my message as it might not be fully correct.

Basically can someone clarify whether nag123ram has to show funds
for himself as well ?

As per the rules- no need. See the long argument in this thread

http://www.immigrationboards.com/viewto ... highlight=

Here is a response from UKBA

http://www.immigrationboards.com/viewto ... 998#520243

I would put funds for main applicant too, because this particular section in the rules is not that straightforward and the CWs tend to make mistakes.

It is quiet evident that in this case that is not the issue. As the rejection letter states it has to be 3200 the expected calculation is (1600+1600). So the CW considered the main applicant is in the UK for less than 12 months. It could be a mistake. Having said that one should ask themselves how to prove the main applicant is in the UK for more than 12 months?

nag123ram · Post by **nag123ram** » Wed Aug 01, 2012 6:46 pm

HI, please find the refusal letter for your reference.

++++++++++++++++++++++++++++++++++++++++++++++++

Post reference:CHENNAI/MADRAS\1401728

xxxxxxx
xxxxxxx

your Application

You have applied for an Entry Clearance to Join your spouse in the United kingdom, He is there as Tier 1 (General) Migrant and I have therefore considered your application under Paragraph 319 of United Kingdom Immigration Rules, You can read these rules at:

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

The Decision

You are required to show that you or your spouse has access of £3200 held for the correct amount of time and in the correct format in order to meet the maintenance requirements. You have provided a bank statement for HSBC account number xxxx3694 in the name of Mr. xxxxx Orginal bank statement provided are up to 21/03/12, which is more than 1 month prior lodging your visa application. The continued statements are copies and not originals. These funds have not there fore been considered. HSBC savings number xxxxx2534 in the name of Mr. xxxx are copies and cannot therefore be considered.

I am there not satisfied that there will be sufficient funds available to you as set out in appendix E [Paragraph 319 (g)of HC 395 as amended].

I have therefore refused your application because iam not satisfied, on the balance of probailities that you meet all of the requirements of the relevant paragraph of the united kingdom immigration rules.

+++++++++++++++++++++++++++++++++++++++++++++++++++

varghesejim · Post by **varghesejim** » Wed Aug 01, 2012 8:10 pm

nag123ram wrote:HI, please find the refusal letter for your reference.

++++++++++++++++++++++++++++++++++++++++++++++++

Post reference:CHENNAI/MADRAS\1401728

xxxxxxx
xxxxxxx

your Application

You have applied for an Entry Clearance to Join your spouse in the United kingdom, He is there as Tier 1 (General) Migrant and I have therefore considered your application under Paragraph 319 of United Kingdom Immigration Rules, You can read these rules at:

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

The Decision

You are required to show that you or your spouse has access of £3200 held for the correct amount of time and in the correct format in order to meet the maintenance requirements. You have provided a bank statement for HSBC account number xxxx3694 in the name of Mr. xxxxx Orginal bank statement provided are up to 21/03/12, which is more than 1 month prior lodging your visa application. The continued statements are copies and not originals. These funds have not there fore been considered. HSBC savings number xxxxx2534 in the name of Mr. xxxx are copies and cannot therefore be considered.

I am there not satisfied that there will be sufficient funds available to you as set out in appendix E [Paragraph 319 (g)of HC 395 as amended].

I have therefore refused your application because iam not satisfied, on the balance of probailities that you meet all of the requirements of the relevant paragraph of the united kingdom immigration rules.

+++++++++++++++++++++++++++++++++++++++++++++++++++

Though the CW mentioned 3200 pounds in the rejection letter your problem is not there yet. You have not provided the latest bank statements. The rule says you need to provide original statements which is less than one month old. It does not matter even if you maintained one million pounds, you have to provide the originals.

sirinomula · Post by **sirinomula** » Thu Aug 02, 2012 9:15 pm

Hi,
I am planning to dependent visa for my child, born in India. I have been in UK since March 2011 on tier1 general (>12 months) and my wife has got already dependent visa. She stayed here for around 7 months and went to India, still there. My Qs are

1. For maintainance of funds (900+600+600) can i show funds in Indian bank account on my wife's name? on UKBA site it says the account holder should be present in UK, so i am confused. Please clarify

2. Do i need to submit any proof to show that i have been in UK from past 15 months? like all pages of my passport or payslips and offer letter or anything else?

Please guide me, thanks

nag123ram · Post by **nag123ram** » Fri Aug 03, 2012 4:10 pm

varghesejim wrote:
nag123ram wrote:HI, please find the refusal letter for your reference.

++++++++++++++++++++++++++++++++++++++++++++++++

Post reference:CHENNAI/MADRAS\1401728

xxxxxxx
xxxxxxx

your Application

You have applied for an Entry Clearance to Join your spouse in the United kingdom, He is there as Tier 1 (General) Migrant and I have therefore considered your application under Paragraph 319 of United Kingdom Immigration Rules, You can read these rules at:

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

The Decision

You are required to show that you or your spouse has access of £3200 held for the correct amount of time and in the correct format in order to meet the maintenance requirements. You have provided a bank statement for HSBC account number xxxx3694 in the name of Mr. xxxxx Orginal bank statement provided are up to 21/03/12, which is more than 1 month prior lodging your visa application. The continued statements are copies and not originals. These funds have not there fore been considered. HSBC savings number xxxxx2534 in the name of Mr. xxxx are copies and cannot therefore be considered.

I am there not satisfied that there will be sufficient funds available to you as set out in appendix E [Paragraph 319 (g)of HC 395 as amended].

I have therefore refused your application because iam not satisfied, on the balance of probailities that you meet all of the requirements of the relevant paragraph of the united kingdom immigration rules.

+++++++++++++++++++++++++++++++++++++++++++++++++++
Though the CW mentioned 3200 pounds in the rejection letter your problem is not there yet. You have not provided the latest bank statements. The rule says you need to provide original statements which is less than one month old. It does not matter even if you maintained one million pounds, you have to provide the originals.

Thanks, yes I understand about the original statements, but my question is why did UKBF has mentioned that I should have access to £3200, when I'm there in uk for more than 3 years, as per UKBF site, the maintaince funds should be maintained for 90 days is £533 per dependant as on 31st may 2012. please clarify.

one more query, in the dependent application form, my immigration consultant has specified as below for point no. 102
++++++++++++++++++++++++
102. Please state the amount of money available and total number of depandants : GBP 1000
+++++++++++++++++++++++

does this makes any difference in the visa decision?

Thanks,

varghesejim · Post by **varghesejim** » Fri Aug 03, 2012 6:25 pm

nag123ram wrote:
Thanks, yes I understand about the original statements, but my question is why did UKBF has mentioned that I should have access to £3200, when I'm there in uk for more than 3 years, as per UKBF site, the maintaince funds should be maintained for 90 days is £533 per dependant as on 31st may 2012. please clarify.

Thanks,

This is possibly an error from UKBA. I guess as they found the lack of latest statements in your application they did not bother to make sure how much actually you need to maintain.

You need not show any proof other than your visa and passport to prove you are staying in UK for more than a year. See the link

http://www.immigrationboards.com/viewto ... highlight=

sirinomula · Post by **sirinomula** » Fri Aug 03, 2012 7:38 pm

Can anyone pls advise on my queries as well..it's bit urgent pls

Rajeev123 · Post by **Rajeev123** » Mon Aug 13, 2012 10:20 am

We got it today- approved
NOTE ALL- PLEASE LETS END THIS CONFUSION ON THE FORUM. WE ONLY MAINTAINED EQUIVALENT OF £600.00 IN MY WIFE ACCOUNT IN INDIA AS I HAVE BEEN IN UK FOR MORE THAN 12 MONTHS. I HAD NOT MAINTAINED ANY FUNDS AND THE VISA WAS APPROVED. I A WILL POST THIS ON SEVERAL OTHER POST SO THAT MAX PEOPLE CAN AVOID THIS CONFUSION.

Madhumi · Post by **Madhumi** » Sat Apr 20, 2013 9:07 pm

Rajeev123 wrote:We got it today- approved
NOTE ALL- PLEASE LETS END THIS CONFUSION ON THE FORUM. WE ONLY MAINTAINED EQUIVALENT OF £600.00 IN MY WIFE ACCOUNT IN INDIA AS I HAVE BEEN IN UK FOR MORE THAN 12 MONTHS. I HAD NOT MAINTAINED ANY FUNDS AND THE VISA WAS APPROVED. I A WILL POST THIS ON SEVERAL OTHER POST SO THAT MAX PEOPLE CAN AVOID THIS CONFUSION.

Hi rajeev,
Is your wife working? Did you show any proof for the money in your wife account?

Madhumi · Post by **Madhumi** » Sun Apr 21, 2013 11:07 am

sirinomula wrote:Can anyone pls advise on my queries as well..it's bit urgent pls

Hi srinomula,
Did u got the visa by showing your wife account?

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Tier 1 General Dependents extension visa rejected for funds

Tier 1 General Dependents extension visa rejected for funds

Hi