Harcus Sinclair v Your Lawyers - Another nail in the coffin of solicitors’ undertakings?
The UK Border Agency (“UKBA”) has increased the funds required to satisfy the maintenance requirement with effect from 14 June 2012.
For Tier 2 migrants, they will now need to show increased funds of £900 for the main applicant and £600 for each dependant. However, as sponsors may certify maintenance on the Certificate of Sponsorship this will only affect those migrants whose sponsor is unwilling to certify maintenance or where dependant family members are joining a migrant who is already resident in the UK.
Similarly, for Tier 1 General migrants resident in the UK, on extension the maintenance requirement will also be £900 for the main applicant and £600 for each dependant.
For Tier 1 Entrepreneur, the funds required will increase to £3,100 for the main applicant and £600 for each dependant, when applying for initial entry clearance but if the migrant is applying to switch into this category from within the UK, the funds required will be £900.
As the funds will need to be held in a bank or savings account for each day of the 90 day period prior to the date of the visa application, the UKBA has delayed the implementation date until 14 June to allow migrants sufficient time to hold these funds for 90 days, prior to submitting a visa application. The UKBA has confirmed that these increases are in line with cost of living rises in the UK.
Increased Activity by the UKBA in Connection with Unannounced Visits
We understand the UKBA is increasing the number of unannounced compliance visits it is making to sponsor organisations. Sponsors should therefore ensure that their Authorising Officer is made aware of this risk and we advise that contingency plans are put in place to cover the eventuality of the Authorising Officer being absent from the office for whatever reason.
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