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Cash Savings CAT D

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godfather2233
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Joined: Sun Sep 21, 2014 9:14 am

Cash Savings CAT D

Post by godfather2233 » Thu Nov 06, 2014 12:28 pm

I have gathered almost all the information i need to apply for spouse visa via Category D.

Just one last thing i need to confirm.

I know I have to hold £62,500 in my account for at least 6 months before the application is filed.
My question is what if I need some money and have to take it out from my account after sending my application.
Since application in Pakistan are taking on average 5 months. do I have to hold the money 6 months plus the many more months until the case is decided ????

SoHopeful
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Re: Cash Savings CAT D

Post by SoHopeful » Thu Nov 06, 2014 12:37 pm

This is a tricky one... I have always felt that 'at the time of application' (which is whenever it is paid for) only seems to apply if it's in favour of what the ECO decides :roll:

As you rightly said, although you may meet the requirements at time of applying, if processing times are 5+ months things can change. I would suggest that you minimise any chance of refusal including not touching the savings you are relying on until you get a decision. The ECO may decide to verify your finances and if you have taken some of the money out at this point, they could refuse.

Obie
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Ireland

Re: Cash Savings CAT D

Post by Obie » Thu Nov 06, 2014 1:39 pm

I believe that should not be a problem.

The OP is required to show that this amount is available at the time of application.

He is not precluded from using the money.

Provided further checks does not indicate that this sum was not in the account at all, or it was a lone, or it was earned by illicit means, then he should be fine.
Smooth seas do not make skilful sailors

SoHopeful
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Re: Cash Savings CAT D

Post by SoHopeful » Thu Nov 06, 2014 2:21 pm

But the point of using Cat D with no additional income is to prove that you have the funds to support the spouse throughout that initial period of leave - not just for the application, no?
So surely (even if in reality that money isn't used) it needs to remain in the account to satisfy that point?

Otherwise the money to support the spouse is being spent before they arrive.

Obie
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Re: Cash Savings CAT D

Post by Obie » Thu Nov 06, 2014 2:37 pm

I am of the view that such requirements or restrictions are not placed on category D.

Provided the money is not borrowed, and that within 28 days of the application being lodged, it has been held for a period of 6 months, and that it can be accessible immediately, with or without penalty, i think a person will be fine.

Stating it should not be used until the applicant has been granted EC and in the UK, is a restriction, which is not found in the rules or guidance.
Smooth seas do not make skilful sailors

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Casa
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Re: Cash Savings CAT D

Post by Casa » Thu Nov 06, 2014 3:59 pm

Personally I wouldn't take the risk of spending any and can see SoHopeful's point.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

godfather2233
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Joined: Sun Sep 21, 2014 9:14 am

Re: Cash Savings CAT D

Post by godfather2233 » Thu Nov 06, 2014 5:37 pm

Thank You everyone for the prompt replies.

I think i have no option but to be extra careful with my application and not even touch the money until the ECOs arrive at a decision (Hopefully soon)

But I agree with Obie that the guidance doesnt have any requirement of the money to be still in the bank account even after the application has been made.

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