UK Immigration Tier Visa refusals on basis of maintenance funds can be reviewed

Following an important High Court victory on 23 June 2010 it was judged that maintenance funds assessment must be in line with the immigration rules. UKBA had brought in a requirement that the relevant maintenance funds had to be in your bank account for a continuous period of three months instead of just on the day the application is made as under the immigration rules.

UK immigration now says that you will meet the requirement as long as in any one day in the one month period preceding your application you had sufficient maintenance funds for both you and your family. This is actually more generous than under the immigration rules.

The new immigration policy will cover you in the following circumstances:

  • If you and any dependents had applied for a Tier 1, 2, 4, or 5 visa from within the UK and had applied on or before 22 July 2010 and were refused solely due to not meeting the maintenance requirements.

  • If you and any dependents had applied for entry to the UK on a Tier 1, 2, 4, or 5 visa and applied between 23 June and 22 July 2010 and were refused solely for not meeting the maintenance funds requirements. This only covers a one month period and is so is somewhat less generous compared to those who had applied from with the UK.

You will also need to meet one of the following requirements to benefit from the new immigration funds policy:

  • You have a current application.
  • You have a pending appeal.
  • You had an application refused with no right of appeal.
  • You had your appeal dismissed.

If your application or appeal has already been refused you will need to apply for a review by 22 June 2011. If you have a pending application or have appealed then you should automatically be considered under the new immigration maintenance policy. If you need to apply for a review of your application you have less than eleven months to do so.