Tier 1 Maintenance - Confused about UKBA Help line Response

My husband is applying for Tier 1 (switching from sponsored work visa) from within the UK.  We called to verify what should be put on the bank letter supporting our maintenance funds and am a little confused about what is on the website and what we have been told.  The person told my husband that if we have been here for over 12 months, we only need to show maintenance for 1 month.  I don't see that anywhere on the UKBA website.  Anyone else?

Anyway, so that makes me question his response to what we should have in the letter.  We understand from the guidance that it needs the applicants name, account number, letter date, on letter head and stating that the funds (in our case the 4000 pounds) have been in the account for 3 months, but it also says 'funds held in the account' and I wasn't sure if it needs to say anything more than 'the applicant's account (in account numbers x and x) has not gone below 4000 pounds between the date of this letter and 3 months prior.  The UKBA person on the phone said to include the closing balances per month on the letter too, but I am not really sure about that.  Any thoughts?

Thanks!

Wow, that is almost criminal.

If you are willing to share, please send me a personal message as we are trying to demonstrate to UKBA that their IEB often gives out misleading and totally incorrect information.

The case worker that reviews your case will use the following document to make a decision: http://www.bia.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier1generalguidance.pdf.  There is nothing more or less to it.  It is the full summation of Tier 1 General.  Follow what it says over and above anyone else.  If you have a hard time understanding it, that is a different story, but generally it is very precise and clear.

As far as the maintenance funds, EVERYONE has to supply 3 months were of proof of maintenance funds.  There is nothing I can find in there that says anything about 12 months, etc.  It says the following about those making the application in country under paragraph 196:

Applicants in the United Kingdom seeking further leave to remain must have at least £800 of personal savings which must have been held for at least three months prior to the date of application.

I am not sure what the IEB person was on about.  The only only thing is that there was a recent change that said the proof of maintanence had to be within 7 days of the date of the application being submitted but now is 1 months.

As far as the closing balances each month (which is strange if you only have to give one month according to them) is not mentioned in the guidence as you point out if you are submitting paragraph 203(ii) proof of maintenance (which it sounds like by what you say).

Follow the Guidence.  If you follow the Guidance and they refuse you, you will have grounds to have the decision overturned on an adminsitrative review, if you follow the advice by the IEB, you have absolutely no recourse (which is another thing we are attempting to deal with as well).  Even if you had professional assistance by a OISC registered advisor you could take some action if they gave you bad advice and they don't even work for the Government.

Thanks.  I thought that sounded fishy to me.  Good thing I am a natural skeptic. I have read the guidance a lot and think my only problem might be over thinking it which is why I called the UKBA for clarification. I will send you a PM (I will just have to figure out how) as I am new at this site.  I did notice that the guidance online for dependents and the main applicant guidance does not correlate as in the dependent application guidance it says that if you have been in the UK over 12 months than you only need 533 pounds unless I am mistaken:http://www.bia.homeoffice.gov.uk/workingintheuk/tier1/general/applicationsbydependants/.

So do I need to add anything into the letter other than what I said before to fulfill that 'funds held in the account' thing?  We were thinking that it just meant that we can say that since there are 3 of us but the guy on the phone made me paranoid to use that:

The accounts (list account numbers) held by NAME have held more than 4000 pounds over the period of the date of this letter back to 3 months ago (we can put the actual dates).

Should we have anything else? 

Thanks!

I sent a PM, let me know if it didn't go through (sorry, I am an internet dummy sometimes)

So do I need to add anything into the letter other than what I said before to fulfill that 'funds held in the account' thing?  We were thinking that it just meant that we can say that since there are 3 of us but the guy on the phone made me paranoid to use that:

The accounts (list account numbers) held by NAME have held more than 4000 pounds over the period of the date of this letter back to 3 months ago (we can put the actual dates).

Should we have anything else? 

That meets the letter of the law.  If it is stated as "during the period of X to Y the minimum balance of the account was £Z." would suffice as well and assuming £Z is above the 4000.

I forgot about the dependent thing and the 12 months.  This was basically to get around people trying to work around the maintenance, since in theory, the main sponsor could come over an the high maintenance, be in the UK and his/her dependents would be able to come in at the lower "UK based" rate.  So they addressed that in the dependant guidance.  It does get a bit confusing, but for in country it is £800 for the main applicant.  Dependents are figured on the basis of the main applicants presence in the UK.  If < 12 months it is £1600 per dependent otherwise it is £533 per dependent.

So, there is the main applicant and how many dependents?  How long has the main applicant been in the UK?

Since the Guidance I pointed you to only deals with the main Tier 1 General applicant and not the Guidance for dependents: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/pbsdependantspolicy.pdf.  Check out paragraph 40-43 regarding what is applicable when.  Paragraph 49(iii) states exactly the same thing for dependents and the 3 months is VERY clear in there as well.

I am still shocked...  I can't wait until Vicky or Gary see this one.