ARTICLE
30 August 2024

I Cannot Meet The Maintenance Requirement For The Skilled Worker Visa – Can My Application Be Refused?

G
Gherson

Contributor

Founded in 1988 by Roger Gherson, Gherson Solicitors LLP was first established as a boutique immigration law firm based in London. Now servicing clients across all areas of immigration, international protection and human rights, white collar crime, sanctions, and civil litigation and arbitration, Gherson LLP’s offices continue to expand across Europe.

With over 35 years of experience, Gherson’s expertise extends from meeting the migration needs of international business people and UK-based companies to litigation in all UK jurisdictions and the European Court of Human Rights and the European Court of Justice.

When applying for a UK Skilled Worker visa, meeting the £1,270 maintenance requirement is essential to prove financial self-sufficiency. Dependants require additional funds, but employers can certify maintenance to ease the process.
United Kingdom Immigration
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When applying for a Skilled Worker visa in the UK, having sufficient funds to meet the maintenance requirement is a crucial aspect of the process. This requirement ensures that you have sufficient funds to support yourself without relying on public funds.

The maintenance requirement is designed to ensure that visa applicants have enough money to support themselves when they first arrive in the UK. For most applicants, this means showing that you have at least £1,270 in your bank account for 28 consecutive days, ending no more than 31 days before your application date.

Where the applicant is applying with dependants, additional funds apply to the financial requirement:

  • £285 for a dependent partner
  • £315 for the first dependent child
  • £200 for any additional dependent child

In such cases, the funds may be held by either the Skilled Worker, the applicant (i.e. the dependant), or (in the case of children) their parent if they are making a concurrent application or already lawfully in the UK.

The requirement is in place because applicants in the UK on Skilled Worker and Dependants do not have access to public funds and may need money to maintain themselves up until receipt of their first month's pay.

An applicant will automatically meet the financial requirement when they are applying for permission to stay in the UK, having been in the UK for at least 12 months with permission on the date of application.

What to Do If You Cannot Meet the Requirement

If you are not able to accumulate the necessary funds in your bank account, speak to your sponsoring employer. Your employer, who will be responsible for issuing your Certificate of Sponsorship, is able to certify that they will cover your maintenance. They do not need to transfer the money to your bank account, they are simply agreeing, if necessary, to maintain and accommodate the applicant up to the end of the first month of their employment, up to a maximum of £1,270 (and additionally, if applicable, the relevant amounts which apply to dependants,). This can significantly ease the process if your employer is willing to provide this support.

Consequences of Not Meeting the Requirement

If you cannot meet the maintenance requirement and none of the exemptions apply to you, your visa application is likely to be refused. The Home Office takes this requirement seriously, to ensure that new arrivals in the UK do not become a financial burden on public resources.

Meeting the maintenance requirement is a vital part of your Skilled Worker visa application. While failing to meet this requirement can result in a refusal, understanding the exemptions and alternative routes can help you navigate the visa application process. Ensure you plan ahead, consider all options available to meet this requirement, and seek legal advice if necessary.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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