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Sorry to hear that BUT,suse76 wrote:The maintenance fund £800 criteria - what defines 'IMMEDIATELY' before the application - is it one day? one week? one month?
My application has been rejected due to an indescrepency!!
I placed an application for HSMP on 30th Jan 09 for period:
1st Jan 08-31st Dec 09 and it has been rejected due to lack of maintenance funds - £800.
I submitted statements from my online saver account dated 20th Aug - 29th Dec (one month before my application date) printed and certified from my bank which clearly showed I had sufficient funds.
This evidence was not even looked at by the Home Office.
They looked at my 12 month statements provided for previous earnings which did not have sufficient funds to meet the maintenance fund criteria.
I have no right to appeal as I still have leave to remain on my work permit, however I wrote a letter asking for my application to be reviewed along with a letter written from my bank and more certified statements to prove that I did have the funds.
They have still rejected my application.
I have no right to appeal - what are my options other than applying again and paying another £750?
I submitted statements from my online saver account dated 20th Aug - 29th Dec (one month before my application date) printed and certified from my bank which clearly showed I had sufficient funds.
suse76 wrote:Thanks guys...
Can you tell me where exactly it says that the bank statements must be one month before application date?
The application date is taken from the date it was posted and marked on the envelope which was 30th Jan.
So you mean to tell me I have been refused because of 1 day?! That is ludicrous....
these rules are pethetic but one has to follow it otherwise u loose money and time... to get a right to appeal u need to hire a solicitor and it cost more then the application fees...suse76 wrote:Thanks guys...
Can you tell me where exactly it says that the bank statements must be one month before application date?
The application date is taken from the date it was posted and marked on the envelope which was 30th Jan.
So you mean to tell me I have been refused because of 1 day?! That is ludicrous....
yasa wrote:these rules are pethetic but one has to follow it otherwise u loose money and time... to get a right to appeal u need to hire a solicitor and it cost more then the application fees...suse76 wrote:Thanks guys...
Can you tell me where exactly it says that the bank statements must be one month before application date?
The application date is taken from the date it was posted and marked on the envelope which was 30th Jan.
So you mean to tell me I have been refused because of 1 day?! That is ludicrous....
I guess it is feasable to apply again..
u r correct and they r wrong..suse76 wrote:Hi Guys,
Just to update you on my recent refusal of the HSMP.
I faxed another letter into the HO asking for more clarification, they have just replied.
They have now stated in the letter that my application date was 29th JAN 09 and that my current account statements (provided for previous earnings) were looked at for the maintenance funds because the date on the last statement (20th JAN 09) was closer to the application date then the 3 months statements I provided for the maintenance funds (29th DEC 08 - within the one month).
Basically what they are saying is that regardless whether my 3 months statements for the maintenance funds was within one month of the application date, that they look at WHICHEVER statements are dated closest to the application date - which in this case was my current account - (which did not have the correct funds).
WHERE IN THE GUIDANCE NOTES OR IMMIGRATION RULES DOES IT SAY THIS?? - THAT THE STATEMENTS PROVIDED FOR THE MAINTENANCE FUND MUST BE THE CLOSEST DATE TO THE APPLICATION OUT OF ALL STATEMENTS PROVIDED???!!
I cannot find this rule anywhere.
It only says that the statements provided for the maintenance funds MUST BE WITHIN ONE MONTH OF THE APPLICATION DATE - am I correct??
They got to be taking the pi$$ here! You have it in writing (I presume they faxed you back) that your application ate was Jan 29... so if your savings account showed funds over GBP 800 from Sep 29 to Dec 29, then you should be in the clear. What they said above is utterly unreasonable. I would submit a complaint to the Customer Service Unit if I were you.suse76 wrote: Basically what they are saying is that regardless whether my 3 months statements for the maintenance funds was within one month of the application date, that they look at WHICHEVER statements are dated closest to the application date - which in this case was my current account - (which did not have the correct funds).
I agree with Lankan's second para. Regular or Cash ISA (if they are instant) should not have any problem. You can attach the terms and conditions of your account (stamped and signed) with your account statement when submitting your application.LankanFunkin wrote:They got to be taking the pi$$ here! You have it in writing (I presume they faxed you back) that your application ate was Jan 29... so if your savings account showed funds over GBP 800 from Sep 29 to Dec 29, then you should be in the clear. What they said above is utterly unreasonable. I would submit a complaint to the Customer Service Unit if I were you.suse76 wrote: Basically what they are saying is that regardless whether my 3 months statements for the maintenance funds was within one month of the application date, that they look at WHICHEVER statements are dated closest to the application date - which in this case was my current account - (which did not have the correct funds).
There is one exception I can think of, and that related to the type of online savings account you have. Is it a fixed notice account? I.e. you need to give the bank a certain number of days/weeks notice before you can withdraw the funds? I know there are several banks that have such accounts, where in return, they give a slightly higher interest rate than a regular cash savings or cash ISA account. In such a case, the HO may argue that your GBP 800 may not be cash saving, and more a fixed deposit.
Good luck.
You might have answered it already but can you tell us if you used the same account for your maintenance funds as well as for earnings claim? Can you also post HO's response verbatim?suse76 wrote:Hi Guys,
Just to update you on my recent refusal of the HSMP.
I faxed another letter into the HO asking for more clarification, they have just replied.
They have now stated in the letter that my application date was 29th JAN 09 and that my current account statements (provided for previous earnings) were looked at for the maintenance funds because the date on the last statement (20th JAN 09) was closer to the application date then the 3 months statements I provided for the maintenance funds (29th DEC 08 - within the one month).
Basically what they are saying is that regardless whether my 3 months statements for the maintenance funds was within one month of the application date, that they look at WHICHEVER statements are dated closest to the application date - which in this case was my current account - (which did not have the correct funds).
WHERE IN THE GUIDANCE NOTES OR IMMIGRATION RULES DOES IT SAY THIS?? - THAT THE STATEMENTS PROVIDED FOR THE MAINTENANCE FUND MUST BE THE CLOSEST DATE TO THE APPLICATION OUT OF ALL STATEMENTS PROVIDED???!!
I cannot find this rule anywhere.
It only says that the statements provided for the maintenance funds MUST BE WITHIN ONE MONTH OF THE APPLICATION DATE - am I correct??
They have gone Bonk***. File a complaint and you will definitely win. The rules are rules and not open for subjective interpretation by the case worker. People use different accounts to get their salaries credited and the other one for saving purposes. If we went by the logic provided by the case worker a number of applications will be rejected. The implication of his assessment is, you have to have just one account for maintenance as well as earnings proof.suse76 wrote:I used an online saver account for my maintenance funds & my current account for the previous earnings.
The letter of clarification I received from the HO states as below:
You have requested further clarification on the reasons for the refusal of your Tier 1 application.
You are correct in assuming that your application was refused due to lack of evidence of £800 maintenance funds. The requirements is that all applicants should have the required amount of funds, in your case £800, for the 3 months immediately prior to the application being made. The last statement provided must fall within one calender month of the application being made. In your case you applied on 29th January 2009, the most recent bank statement supplied ended on the 20th January 2009 therefore we would assess the period 21 October until 20 January as the one in which you would need to show maintenance funds.
The period to be assessed is always 3 months running back from the last statement provided no matter what sort of account that the statement is for. Therefore in your case although you had submitted evidence from your savings account the most recent statement was from your current account and thus it was from that one that we worked out the dates of the period to be assessed.
For further clarification, if you applied on the 29 January 2009 then the largest gap we could allow before the assessment period would be one month and thus we could go back to 29 Decemeber for the start of the 3 month assessment period.
We are unable to reconsider your application at this stage, however it remains open to you to re-apply and I hope that the above helps to explain and clarify our previous refusal reasons.
As you can see from the above explanation that because my current account statements (for previous earnings) were dated closer to the application date then the online saver account statements (for the maintenance funds) they have used the current account statements to assess the maintenance fund regardless of the fact that the online saver account statments were within one month of the application date - THIS IS A RULE THAT THEY SEEM TO HAVE MADE UP TO REFUSE MY APPLICATION AS THIS RULE IS NO-WHERE TO BE FOUND IN THE GUIDANCE OR IMMIGRATION RULES!!!
But the caseworker should look at latest bank statement submitted in support of the maintenance funds and not that submitted in support of earnings claim (he submitted statements from two different accounts and so do many others).paulmu wrote:"...for the 3 months immediately prior to the application being made"
IMO HO has interpreted this statement correctly. If you had applied on 30 Jan and supplied bank statements up to 20 Jan, HO will confirm two things regarding maintenance fund requirements:
1. Is the latest bank statement not more than 1 month old from date application? Comparing 20 Jan to 30 Jan. Correct.
2. The 3 month period for maintenance fund is from 21 Sep to 20 Jan. Are the daily balances over £800 for the full period? In your case no.
Yes I had everything clearly labelled & highlighted, I could not have been any clearer as to which statements were for which criteria..golu wrote:I think this is dire. Many of us transfer a substantial amount of our money from current account to a better interest-rate account, if HO goes by the rule you have mentioned above then like me, many of others will be in trouble.
There are many whose saver account will have more then enough funds while their current account might have gone down below 800.
Did u clearly mention in your covering letter as in what to use as maintenance fund and what statements as earning proof ?
No this is not true, intially I thought this is why my application had been refused but when delved into further - my application date as stated on the HO clarification letter was 29th Jan 09 so my maintenance fund statements just scrap into the one month rule as they were dated 29th Dec 08.paulmu wrote:I was merely pointing out the situation confronting the case worker. Since the (separate) bank statements for maintanance funds did not satisfy the 1 month restriction, the case worker used the alternative bank statements.