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Clarification on the maintenance requirement for Tier 1 applicants following Pankina
The UK Border Agency has published a policy document to implement the successful challenge brought by Pankina. In a nutshell, only those migrants who applied in country on or prior to 22 July 2010, or who applied for entry clearance between 23 June and 22 July 2010 (inclusive) will be able to benefit under this policy as long as they can show that:
1) they were refused solely on maintenance (funds)
and
2) had at the time of application and currently have valid leave can take advantage of the remedies.
Migrants who satisfy the above criteria will be able to submit a successful application if they can show that they had funds of £800 or £2800 at time of submission.
Sadly, those that do not meet these requirements would have to submit a fresh application under the current Immigration Rules and therefore need to show that they have kept the required minimum balance on each single day.
The policy is somewhat more restrictive that what one would have hoped for. However, the UKBA has justified its approach by stating that:
'UKBA does not accept that it is under any legal obligation to reconsider previously refused applications where those applications were refused prior to 23 June 2010 further to this judgment'.
