Refusals based on the points-based system’s maintenance (funds) requirement

23 July 2010

If you have been refused permission to enter or stay in the UK (known as ‘entry clearance’ and ‘leave to remain’) solely because you failed to meet the maintenance (funds) requirement of your points-based system application, you may wish to request a review of your case.

Following the judgments in the cases of Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719, we have put transitional arrangements and remedies in place for migrants who:

  • submitted applications abroad for entry clearance between 23 June and 22 July 2010 inclusive; or
  • submitted applications for leave to remain on or before 22 July 2010, when they had lawful status in the UK.

If your application was unsuccessful and submitted within the above timeframes, you can ask us to review the original decision to refuse your application. To request a review, you must write to the casework team or entry clearance post which issued the decision. Our policy guidance document (PDF, 180KB opens in a new window) sets out the review criteria and describes the information that you must include when requesting a review. This document will be updated in due course.

Applicants have until 22 June 2011 to request a review.

If you currently have a live application with the UK Border Agency, it will be automatically considered in line with the revised policy.

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