Maintenance Funds for Children

Hi-
I have a confusing situation.  I got a job in England and I will be going there on May 5, 2009.  My children will join me on July 5, 2009.  I'm applying for an entry clearance this week and I have a letter from my employer saying they will "maintain" me until I start getting paid.  Should I apply for my children's entry clearances at the same time as mine?  Will that letter be good enough for them too or will I need to show proof of funds?  I want to apply for it now because after I leave the country, I won't have anyone who I really trust to do it (the biometrics place is several hours away from where we live).  Unfortunately, I haven't had the $1400 or so in my account for three months.  Again, will my letter be sufficient?  Should I wait to apply for the children (and hope that I can find someone to do it and drive them to biometrics)?  If I apply now and they are refused, do I lose my money?  Help!

You haven't stated exactly what the letter from your employers states. Does it even mention your dependants?

Also, you pay an application fee, for a decision, not for the actual visa. The fee is non-refundable, regardless of the outcome of your application.

If I apply now and they are refused, do I lose my money?  Help!

They turned off refunds in 1991. 

If your employer qualifies to undertake your maintenance, they wil have a person in their legal department who is registered with UKBA and has received specialized training.  That person will know how the letter should be prepared and how to report it to UKBA.

and has received specialized training.  That person will know how the letter should be prepared and how to report it to UKBA.

What makes you think that someone who has dealt with employer registration will be trained in maintenence issues?

Vicky

What makes you think that someone who has dealt with employer registration will be trained in maintenence issues?

Vicky

Cuz the PBS Programme Director said so at the Employers Task Force meeting.  Where were you? 

Just on the front line talking to employers, most of whom know absolutely nothing!

 

It's not like you to blindly accept what Home Office staff say *should* happen!


Vicky

It's not like you to blindly accept what Home Office staff say *should* happen!

True.  And insightful.   

The difference being that there were about 25 law firms in the room paying close attention, and all with memories like a steel trap. 

And I absolutely believe that is what was said at the meeting, and that is what all parties concerned intended.  Except it has never happened.  Which is great for the law firms who can handle these things (we are doing a few) but not so good for employees who need to rely on HR departments to help with visa applications.

Vicky

The letter should be sufficient for me because it specifically states that my employer will "maintain" me for the first month and longer if necessary.  The letter addresses the fact that I have children but it says that I will have the necessary maintenance funds in my account by the time I apply for them.  The problem is, I'll be closing my US account and opening one in the UK so there will be a gap of time where I don't have an account.  Isn't there someone I can contact to discuss this situation with?  Another question I have is: can your account balance ever dip below the required amount?  How strict are they with that?  My account has had sufficient funds for the maintenance costs for two months but has gone below that amount a couple of times.  Will that matter?  Thanks for your help!

No, there's no one you can call to discuss it with, no your account balance may not dip below the required amount (even by a penny), they are very strict.

What you can do is ask your employer to re-write the letter. See paragraph 43 here

You can always discuss your situation with an OISC Registered Immigration Advisor, but as tannersarms says, they are very strict when it comes to the Points Based System.

We've had clients who have dipped below the requisite amount on on occasion, for less than 24 hours, and who was still refused.

However, in-country applications seem to benefitting from a right of appeal, so watch this space.

Vicky

Just thought I'd update you guys since you were so helpful....my new employer re-wrote the letter (as you suggested).  I've already gotten my clearance and I'm hoping to hear about the kids any day now.  Thanks again for your help!