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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Dear Sir/Madam, Visa declined because of innsufficient finance.... May

Customer Question

Dear Sir/Madam,
Visa declined because of 'innsufficient finance'....
May I enquire on belhalf of a highly qualified young man who has come to work under my supervision at work (I am not the employer). There were no problems with his own visa and he came to the UK ahead of his family (wife and 2 small children) who are currently in thier home country of Bangladesh. However, his application for visas for his family members (at 3 x £500+ each!) has been turned down. The refusal was on the grounds of 'insufficient finance' despite the provision of a certificate of sponsorship from the employer. The real problem is that the whole system is so non-transparent and inpenetrable - he simply cannot find out what specifically was wrong with his application nor even find out how to go about finding out this imformation. What is your advice?
(Also, by way of background information, he has not come directly from Bangladesh - he spent several years with his wife & family in Canada while doing a PhD.)
Thanks for your help,
Paul
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.
Is he employed or self-employed?
Has he been working with the same employer for 6 months?
Does he earn a salary of £24,800 gross?
What was the exact working on the refusal letter?
Kind regards
Customer: replied 3 years ago.

Dear 'UK Lawyer',

He is employed, not self-employed.

He has been working here since 30 April 2014, so just over 3 months.

Yes, his salary would be closer to £30k - I can check exactly tomorrow.

In an email from him he said that the refusal referred to not having "sufficient funds" - again I can check for the full, exact phrase used tomorrow when I will meet with him

Thanks

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.
Yes I would be grateful if you could obtain the relevant details today and let me know.
Kind regards
Customer: replied 3 years ago.

Regarding the further information, the employee's salary is £31,345 (also, he is PhD qualified).

I tried pasting in the relevant section of the notice of refusal but exceeded some character limit. If you contact me on the email address I gave I could attach the full information. The main line is "....I note you do not have sufficient level of funds as required in paragraph 319C(g) of the Immigration Rules." Is that sufficient for you to go on?

Expert:  UK_Lawyer replied 3 years ago.

Thank you for your reply. It seems to me from the information you have provided that if he was applying for his wife and 2 children to enter the UK under paragraph 319 c (g) he would have fell short of the maintenance requirements. Paragraph 319 c refers to maintenance requirements.

Because he is apply for 3 applicants to join him, he would need to have funds of £630 for each applicant wishing to join him in the UK, in this case it would have been £630 x 3 which is £1890 approx in his account for a consecutive 90 days period prior to the date of application.

This would need to be in addition to him showing funds for his own maintenance of £945.00 in his account for 90 days prior to the date of application. What this means is that he would need to be able to show funds for his maintenance £945 PLUS (£630 ( for each applicant) x 3) = 2835.

In this case he would need to have shown that he had a balance of £2835 for a consecutive period of 90 days in his account prior to the date of application, if this was not the case then his application would have been refused.

It seems that he did not have the required £2835.00 in his account for 90 consecutive days and that is why his application was refused.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards

Expert:  UK_Lawyer replied 3 years ago.
Is there anything further I can assist you with? if not kindly rate my answer so i can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
Kindly rate my answer positively so I can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
Kindly provide a rating so I can get credited for my time.

Kind regards