Access to Funds - Joint Account NOT with Spouse or Partner

[jtx]

My boyfriend is getting a tier 2 work visa and I would like to apply for a tier 1 entrepreneur visa. I have recently been added as a joint account holder on all his financial accounts, which have held at least the £200k required for longer than 90 days. Everything we have read regarding proving money is in a joint account says "with spouse or partner", and despite having been together over 5 years and living together around 3 years, we do not have the supporting official documents required for me to count as a "partner". Instead, can this money count as my own since I am named as an account holder or does the money count as being made available by a third party?

As far as the letter from our financial institution is concerned, if it counts as my own then our financial institution just needs to say the funds are available to me to start business (along with all the other requirements outlined); but, if it counts as a third party then our financial institution needs say the funds are available to my boyfriend and he has told them that the funds are available to me to start a business and not available to anyone else - is this correct?

Also, how do we know if the funds are subject to any applicable financial sanctions regime.

Thanks in advance!

[zimba]

You can be viewed as a partner if in general:

- You must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years. (needs evidence)
- The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

[jtx]

Thanks Zimba. While we have been living together for the last 3ish years, we know we cannot prove that we have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years. We are living in his house that he owns (no mortgage), he has paid all utility bills (my name is not on it), all my bank statements do not have his address, no joint bank accounts, etc. We were just lazy and never foresaw needing these things and are only recently starting to add my name to everything.

So given we cannot prove we are "partners" per their definition, when my name is added as an account holder, is all the money considered "my own" or is it considered coming from a "third party" since we are not married and not "partners"?

[marcnath]

Thanks Zimba. While we have been living together for the last 3ish years, we know we cannot prove that we have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years. We are living in his house that he owns (no mortgage), he has paid all utility bills (my name is not on it), all my bank statements do not have his address, no joint bank accounts, etc. We were just lazy and never foresaw needing these things and are only recently starting to add my name to everything.

So given we cannot prove we are "partners" per their definition, when my name is added as an account holder, is all the money considered "my own" or is it considered coming from a "third party" since we are not married and not "partners"?

When did you add yourself to the joint account - did you not use the same address at that point ?
What visa are you on currently ? What is your address with HO ? At the minimum, you had a legal obligation to inform HO when you moved.
Refer to https://www.gov.uk/change-circumstances-visa-brp and the clear warning there.
You must apply for a new BRP within 3 months. You can be fined up to £1,000 or have your stay shortened if you don’t.
You don't have to have a lot of things but if you have been living together for 3 years, there must be documents and bills in your name and address - online shopping, credit cards, etc. You must have also updated your address with NHS.
But if you don't have any evidence at all for two years of living together, then you will need to treat it as third party funding and provide the corresponding documentation.

[Manu_cal]

Thanks Zimba. While we have been living together for the last 3ish years, we know we cannot prove that we have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years. We are living in his house that he owns (no mortgage), he has paid all utility bills (my name is not on it), all my bank statements do not have his address, no joint bank accounts, etc. We were just lazy and never foresaw needing these things and are only recently starting to add my name to everything.

So given we cannot prove we are "partners" per their definition, when my name is added as an account holder, is all the money considered "my own" or is it considered coming from a "third party" since we are not married and not "partners"?

When did you add yourself to the joint account - did you not use the same address at that point ?
What visa are you on currently ? What is your address with HO ? At the minimum, you had a legal obligation to inform HO when you moved.
Refer to https://www.gov.uk/change-circumstances-visa-brp and the clear warning there.
You must apply for a new BRP within 3 months. You can be fined up to £1,000 or have your stay shortened if you don’t.
You don't have to have a lot of things but if you have been living together for 3 years, there must be documents and bills in your name and address - online shopping, credit cards, etc. You must have also updated your address with NHS.
But if you don't have any evidence at all for two years of living together, then you will need to treat it as third party funding and provide the corresponding documentation.

Never informed HO about change of address before. Have changed 4 in past 8 years. The last one was in Feb 2017 and March 17 I applied for tier1 extension.

[marcnath]

Never informed HO about change of address before. Have changed 4 in past 8 years. The last one was in Feb 2017 and March 17 I applied for tier1 extension.

I am sure there are many who have not updated their address. I missed updating my address too and went through my ILR without a issue.
I now used the form to update my address recently but it is a system with absolutely no acknowledgement, so not even sure if it was received or accepted
So, I assume HO is not very keen on enforcing this.
But does not change the fact that it is required as per rules (it is included in your BRP leaflet also which comes with the BRP).

[jtx]

Thanks Zimba. While we have been living together for the last 3ish years, we know we cannot prove that we have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years. We are living in his house that he owns (no mortgage), he has paid all utility bills (my name is not on it), all my bank statements do not have his address, no joint bank accounts, etc. We were just lazy and never foresaw needing these things and are only recently starting to add my name to everything.

So given we cannot prove we are "partners" per their definition, when my name is added as an account holder, is all the money considered "my own" or is it considered coming from a "third party" since we are not married and not "partners"?

When did you add yourself to the joint account - did you not use the same address at that point ?
What visa are you on currently ? What is your address with HO ? At the minimum, you had a legal obligation to inform HO when you moved.
Refer to https://www.gov.uk/change-circumstances-visa-brp and the clear warning there.
You must apply for a new BRP within 3 months. You can be fined up to £1,000 or have your stay shortened if you don’t.
You don't have to have a lot of things but if you have been living together for 3 years, there must be documents and bills in your name and address - online shopping, credit cards, etc. You must have also updated your address with NHS.
But if you don't have any evidence at all for two years of living together, then you will need to treat it as third party funding and provide the corresponding documentation.

Thanks marcnath. So even if my name is on a joint account, it does not count as "my own" money and will be treated as third party funding? Out of curiosity, what would need to happen for it count as "my own" as it appears here: https://www.gov.uk/tier-1-entrepreneur/ ... ment-funds?

I was just added to the account this month. We definitely have online shopping receipts, letters from friends, etc. that were sent to our address with my name or both of our names on it, however, we have read that is not acceptable "proof". I never bothered to change my address for my bank accounts, etc. and he never bothered to add my name to bills, etc. out of laziness and because we never anticipated needing those things. My boyfriend just recently got the opportunity to move to London for work.

We are both currently still living in the U.S. and do not have visas yet as we will not be moving over until later next year. My boyfriend's visa is in process and he will get it with no issues as his company and their lawyers are helping to prepare it. We are working on mine on our own because unfortunately his company will not pay for it.

[marcnath]

Right, I totally missed that you were applying from overseas. I should have guessed that.
If you were added to the account only this month, then you would not qualify for holding the funds for 90 days even if you had evidence of being a partner.
Money is considered to be your own only if you have had access to it for 90 days solely by yourself or with a spouse or partner.
So, you are only looking at it as a third party funding and submitting the documents for that.
You are possibly better off trying to apply as a dependant with you partner. It still needed the 2 year living together evidence but they may have been more flexible with it. But it has to be applied together with his Visa if that has not been applied yet.
The other alternative is to move the money if a single person account and apply 90 days after that.

[jtx]

Okay makes sense. Thanks for the help!