In order to qualify for a Tier 2 (General) visa, you must score 10 points for maintenance funds as part of your application for leave to enter or leave to remain. If you do not meet the Tier 2 maintenance requirement, your application is likely to be refused. Although you can challenge the decision, the administrative review is not likely to overturn the decision.
The purpose of the maintenance requirement is to ensure that you and any dependants either joining you or extending their leave to remain are able to support themselves without recourse to public funds. You should check the cost of living in the UK and that you have enough money to support yourself and any dependants.
If you are already in the UK in some other immigration categories, you will get 10 points without having to prove that you can support yourself and these categories are as follows:
Any Tier 2 visa categories.
Work permit holder.
Jewish agency employee.
Member of ground staff for an international airline.
Minister of religion, missionary, monk or similar.
Member of the press.
How to meet the requirements of the Tier 2 maintenance
The Tier 2 visa requires a person to demonstrate that they can meet the financial test and meet the prescribed maintenance threshold. They will score 10 points once the maintenance threshold is met.
If you are using the financial maintenance funds from outside of the UK, and where the funds are not in pound sterling, then you will need to use the published conversion website as prescribed by the UK Home Office.
Where funds are being held in joint bank accounts, those funds may be used for the purposes of meeting the Tier 2 maintenance.
If you are not exempted from the Tier 2 maintenance requirement, then you will need to either show your personal cash savings covering the last 90 days period or your employer can meet the requirements by confirming they will maintain you in the UK. Your employer does not need to transfer the funds to your bank account but rather provide a confirmation.
Dependants meeting the maintenance threshold
Your dependants will also need to meet their separate maintenance requirements and this is set out in the immigration policy at the date of application. Your dependants would include but not limited to partners, spouses, and dependant children.
If their applications are successful, dependents will be entitled to stay in the UK with you for so long as they do not claim benefits in the UK. You should have calculated what it will cost to support them before you come to the UK. To satisfy the maintenance requirement and score ten points, you may need to show a reduced fund depending on the length of your stay in the UK.
The savings must have been in personal savings account for three months at the time that the application is made. If you are applying from outside the UK or have been in the UK for less than 12 months at the time when you make your application, the requirements of the cash savings may be higher.
Providing the specified evidence to meet the Immigration Rules
If your A-rated sponsor is certifying that it will maintain and accommodate you if necessary for your first month of employment, this must be confirmed. Specified evidences will need to be provided at the date of your application.
If your employer is not able to provide the specified evidence, then you will be required to meet the maintenance requirements on your own right. It may be possible to meet the maintenance requirements in other forms which will depend on either your circumstances of your family members.
Taking legal advice on the Tier 2 maintenance requirements
At ICS Legal, we will advise you on the correct process of applying under the Tier 2 General visa, advice on the maintenance requirements and support you throughout the visa application process.
You can speak to one of our UK Immigration Lawyers on the Tier 2 General visa requirements by sending us an email on info@icslegal.com or you can call us on 0207 237 3388. We also have a free visa assessment form that you can complete and allows us to advise you on the next process of extending your visa.
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