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SPOUSE VISA QUESTION

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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sal29
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SPOUSE VISA QUESTION

Post by sal29 » Thu Apr 28, 2016 2:45 am

I just wanted to check a few things, is it 62,000 you need to show in the bank for 6 months for a spouse settlement visa if you use that way and not the wage slips way? Also during this six months is the sponsor allowed to be out of the country with their spouse and come to the U.K. with them if they get the visa? Thanks

secret.simon
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Re: SPOUSE VISA QUESTION

Post by secret.simon » Thu Apr 28, 2016 3:06 am

sal29 wrote:is it 62,000 you need to show in the bank for 6 months for a spouse settlement visa if you use that way and not the wage slips way?
£62,500 in an instantly accessible account (savings or current/check account) for six months.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: SPOUSE VISA QUESTION

Post by Casa » Thu Apr 28, 2016 7:43 am

...and yes, you're free to be outside of the UK and enter with your spouse if you are relying on savings.
(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.

sal29
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Re: SPOUSE VISA QUESTION

Post by sal29 » Thu May 19, 2016 2:22 pm

Another question, if you use the 62,500 method do you have to explain how you have that cash or are they not interested?

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Casa
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Re: SPOUSE VISA QUESTION

Post by Casa » Thu May 19, 2016 2:28 pm

You need to show the source of the savings in order to prove that this is not a short term loan which will have to be repaid to the lender.
(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.

sal29
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Re: SPOUSE VISA QUESTION

Post by sal29 » Thu May 19, 2016 10:47 pm

Okay and what if it's a long term loan?

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Casa
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Re: SPOUSE VISA QUESTION

Post by Casa » Fri May 20, 2016 9:16 am

It can be a gift but not a loan, however long the term is.
(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.

sal29
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Re: SPOUSE VISA QUESTION

Post by sal29 » Fri May 20, 2016 3:52 pm

Is there an official immigration rules website that supports this? I want to look into it further

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Casa
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Re: SPOUSE VISA QUESTION

Post by Casa » Fri May 20, 2016 3:55 pm

https://www.gov.uk/government/uploads/s ... t_2015.pdf

Section 7.
The applicant and/or their partner must confirm that the
money, which cannot be borrowed, is under their control and evidence that it has been
held in their bank account for at least the 6 months prior to the date of application.
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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.

Wanderer
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Re: SPOUSE VISA QUESTION

Post by Wanderer » Fri May 20, 2016 4:54 pm

sal29 wrote:Is there an official immigration rules website that supports this? I want to look into it further
Why? Are you trying to beat the system?
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Re: SPOUSE VISA QUESTION

Post by secret.simon » Fri May 20, 2016 7:00 pm

Immigration Rules Appendix FM-SE: family members specified evidence
21. When calculating income under paragraphs 13 to 16, the following sources will not be counted:
(a) Loans and credit facilities.
(b) Income-related benefits: Income Support, income-related Employment and Support Allowance, Pension Credit, Housing Benefit, Council Tax Benefit or Support (or any equivalent) and income-based Jobseeker’s Allowance.
(c) The following contributory benefits: contribution-based Jobseeker’s Allowance, contribution-based Employment and Support Allowance and Incapacity Benefit.
(cc) Unemployability Allowance, Allowance for a Lowered Standard of Occupation and Invalidity Allowance under the War Pension Scheme.
(d) Child Benefit.
(e) Working Tax Credit.
(f) Child Tax Credit.
(ff) Universal Credit.
(g) Any other source of income not specified in this appendix.
You'd be surprised what you can find when you use Google.
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sal29
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Re: SPOUSE VISA QUESTION

Post by sal29 » Fri May 20, 2016 10:19 pm

Not attempting to beat the system, just weighing my options!

kankerot
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Re: SPOUSE VISA QUESTION

Post by kankerot » Fri May 20, 2016 11:16 pm

If the income requirement is £18,600 then surely this means if you cannot meet it you should think about whether you can support your partner adequately rather than think about gaming the system.

The savings requirement can easily be a tactic to see where the money came from, perhaps non declared income etc.

sal29
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Re: SPOUSE VISA QUESTION

Post by sal29 » Sat May 21, 2016 10:26 pm

Casa wrote:It can be a gift but not a loan, however long the term is.
So I'd have to show the bank statements of the person gifting it to me so they can see it was a gift?

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Casa
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Re: SPOUSE VISA QUESTION

Post by Casa » Sat May 21, 2016 10:41 pm

Bank statements won't prove the funds have been gifted and not loaned. Whoever gives the funds will have to provide a written statement that the funds are a gift and re-payment is not required. Funds gifted as a wedding present are an example. A letter from the holder of the account (sponsor or applicant) where the funds are held will have to submit a letter confirming the source.
(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.

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