would like clarification on maintenance

[drblum]

I've read through the suggested links from other topics on this issue (links to Pankina case and laws that came into effect 23 July 2010). I have also called the Home Office twice and read thoroughly through the Tier 2 guidance, but still need some clarification on the issue of maintenance:

1) The Home Office could not give me a clear answer on whether I could tick the box on p. 38 of the Tier 2 application that says:

"The applicant has, or was last granted, entry clearance, leave to enter or leave to remain as a:..... Work permit holder."

From here it says to go to question L4 which you can tick to confirm that "The applicant has claimed 10 points for their level of funds."

I have been a work permit holder for the last 4 years, and I am switching to Tier 2 with a new employer (an initial Tier 2 application), who has obtained a certificate of sponsorship for me. The caseworkers who I spoke with couldn't give me a clear reason why I couldn't tick the box for work permit holder. They said that because it was an initial application, I would have to tick the box on p. 38 that says: "Access to £800 available funds to support himself/herself", and then provide bank statements, etc. as the evidence.
Why bother having the choice of work permit holder on the form, then?

2) If I really do have to tick "Access to £800 available funds to support himself/herself", do I have to show that I had £800 at all times during the last 90 consecutive days, or will they use only the ending balances shown on my bank statements? I will surely fail if the former is true. Don't they realise we all have bills to pay??

[seether]

Be very careful mate. Go and speak to an immigration consultant. It will cost you on average £60 an hour. Please make sure you do that. I botched up my application by selecting extension application instead of transition cos i was a work permit holder continuing to work for the same employer. The form is very poorly designed and even where it states the obvious it means the bloody opposite. Go and speak to a consultant. If you think that information is expensive try cost of ignorance. I am on the brink of losing everything, my house, job and all i have worked for the last ten years. I dont want anyone to go through what i am. So go speak to a consultant. If he or she wants to charge you £500 pay the damn thing. Good luck and take care of yourself cos i didnt.

[drblum]

Thanks, seether, for the advice.

I have contacted a couple of solicitors and am awaiting a reply. However, I did see something else in the Tier 2 guidance that I think answers my question. On p. 26, under "If you have been granted continuous leave in the United Kingdom for five years or more", it says:

"162. If you have been granted continuous leave in the United Kingdom in any combination of the eligible categories for five years or more, you cannot apply under the transitional arrangements. You must apply under the full Tier 2 criteria.

163. However, if you currently have leave in one of the eligible categories, you will automatically score 10 points for maintenance without needing to provide evidence."

This describes my own situation. I was last granted a Business and Commercial work permit (one of the eligible categories) with limited leave to remain for a period of 5 years, so I think I'll be ok. Will confirm with an immigration lawyer, though, just to be sure.

I hope things work out ok for you, seether. I know how frustrating this all is. Best wishes.