Lack of funds? Your application may stand a second chance

Can seek review if plea made within certain time period
23rd November 2010: Applicants under the points-based system whose plea was refused solely because they did not meet the maintenance or funds requirement may stand a second chance.
You can ask the UK Border Agency to review its decision to refuse their application, if you made your plea within a certain time period.

For the UKBA has published revised policy guidance for such applicants. It replaces the guidance previously published on 23 July 2010.

The UKBA asserted: If you have previously requested a review of our decision, but we refused it solely because you did not have valid permission to stay in the UK when you requested the review, we will automatically review the decision.

“If you have not received an updated decision by 31 January 2011, you should contact the address given in the revised policy guidance”.

This policy document covers applicants who: applied for leave to remain under Tiers 1, 2, 4 and 5 of the Points Based System, including dependants; and applied up to and including 22 July 2010; and were refused on maintenance (funds) only.

It also covers those who applied for entry clearance under Tiers 1, 2, 4 and 5 of PBS, including dependants; and applied between 23 June and 22 July 2010 (inclusive); and were refused on maintenance (funds) only.

This instruction does not apply to applicants who applied for either entry clearance, or leave to remain on, or after 23 July 2010. Those applications will be considered under the new rules laid before parliament on 22 July, which became law on 23 July 2010 and any future changes made to the Rules, as approved by Parliament.
A judgment was given by the Court of Appeal in the Secretary of State for the Home
Department v Pankina [2010] EWCA Civ 719 and others on 23 June 2010 in relation to the period an applicant must hold the requisite amount of funds. The judgment stated that the maintenance (funds) assessment must be made in line with the Immigration Rules.

The Immigration Rules in place prior to 23 July 2010 only specified that the applicant must hold the required level of funds, specific to the Tier, or sub-Tier which the application was made under, at the date of the application.

The UKBA concludes: `Where the applicant falls for refusal under General Grounds for refusal in paragraphs 320-322 of the Immigration Rules, we will refuse their application even if it otherwise qualifies under the terms of this policy.

`This might happen, for example, if the applicant has broken UK immigration law, or acquired a relevant criminal conviction since the refusal of their original application. On all reconsiderations, updated checks will be made with the appropriate government agencies.

`The immigration status of dependants of applicants in the categories covered by this policy will follow that of the principal applicant.

`Any restrictions imposed on the Applicant’s ability to take employment will follow those which were in place at the time of application, rather than the date of decision.

`Where the decision is made to maintain the decision to refuse an application, the applicant will not be entitled to appeal against this decision, as it does not constitute an immigration decision as specified by the Nationality Immigration and Asylum Act 2002
`Applicants will have until 22 June 2011 to take advantage of the proposed remedies.’

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