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Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

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Sarahhk
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Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Sarahhk » Mon May 07, 2018 6:59 am

As I am planning to apply UK spouse visa can anyone let me know if I can show my MPF(Provident Fund) to meet financial requirement. Thanks in advance

sevendust12
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by sevendust12 » Mon May 07, 2018 9:51 am

If you are the applicant, it’s the sponsor who needs to prove to the HO that he can meet the financial requirement.

Your MPF is irrelevant as the HO do not care how much you’re earning.

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Casa
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Casa » Mon May 07, 2018 10:15 am

sevendust12 wrote:
Mon May 07, 2018 9:51 am
If you are the applicant, it’s the sponsor who needs to prove to the HO that he can meet the financial requirement.

Your MPF is irrelevant as the HO do not care how much you’re earning.
To avoid any further misunderstanding, an MPF (Provident Fund) is a scheme set-up by the Hong Kong Government to enable workers to save for their retirement ( not earnings). :idea:

In order for the funds to be considered as savings (which can be jointly held), in my opinion these would need to be released prior to submitting the visa application and held in accessible account.. My reasoning is due to the fact that there are strict HK Gov rules in place for liquidising the funds and the only one which seems to apply in your situation is "permanent departure from Hong Kong".

This could prove to be a challenge as you may be required to submit proof of your UK visa before funds are released, and you need the funds in order for the visa to be granted. Something of a 'Catch 22' situation. :?

How much are you relying on these funds to meet the £18,600 p.a income level?

Others with more knowledge on this fund may be able to advise further.

Read through the official guidance in this link:
https://assets.publishing.service.gov.u ... _Final.pdf
(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.

Sarahhk
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Sarahhk » Tue May 08, 2018 3:02 am

sevendust12 wrote:
Mon May 07, 2018 9:51 am
If you are the applicant, it’s the sponsor who needs to prove to the HO that he can meet the financial requirement.

Your MPF is irrelevant as the HO do not care how much you’re earning.
Thank you for your reply. I think you are not aware of new immigration rules . As per new rules both the applicant and sponsor's income/savings are counted to meet the financial requirement.

Sarahhk
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Sarahhk » Tue May 08, 2018 3:13 am

Casa wrote:
Mon May 07, 2018 10:15 am
sevendust12 wrote:
Mon May 07, 2018 9:51 am
If you are the applicant, it’s the sponsor who needs to prove to the HO that he can meet the financial requirement.

Your MPF is irrelevant as the HO do not care how much you’re earning.
To avoid any further misunderstanding, an MPF (Provident Fund) is a scheme set-up by the Hong Kong Government to enable workers to save for their retirement ( not earnings). :idea:

In order for the funds to be considered as savings (which can be jointly held), in my opinion these would need to be released prior to submitting the visa application and held in accessible account.. My reasoning is due to the fact that there are strict HK Gov rules in place for liquidising the funds and the only one which seems to apply in your situation is "permanent departure from Hong Kong".

This could prove to be a challenge as you may be required to submit proof of your UK visa before funds are released, and you need the funds in order for the visa to be granted. Something of a 'Catch 22' situation. :?

How much are you relying on these funds to meet the £18,600 p.a income level?

Others with more knowledge on this fund may be able to advise further.

Read through the official guidance in this link:
https://assets.publishing.service.gov.u ... _Final.pdf
Hi Casa

Thank you for your reply. Actually I am not relying on MPF to meet the income level as my income level is higher then £18600 p.a but as I don't have job offer in UK at the moment I cannot meet the financial requirement. So I want to go through savings route where I need to show the savings of £62,500 . To meet that amount I do rely on MPF.

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Casa
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Casa » Tue May 08, 2018 8:13 am

Sarahhk wrote:
Tue May 08, 2018 3:02 am
sevendust12 wrote:
Mon May 07, 2018 9:51 am
If you are the applicant, it’s the sponsor who needs to prove to the HO that he can meet the financial requirement.

Your MPF is irrelevant as the HO do not care how much you’re earning.
Thank you for your reply. I think you are not aware of new immigration rules . As per new rules both the applicant and sponsor's income/savings are counted to meet the financial requirement.
Where in the Statement of Changes in the Immigration Rules is this listed? Link? :!:
(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.

skkid3420
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by skkid3420 » Tue May 08, 2018 12:13 pm

Sarahhk wrote:
Tue May 08, 2018 3:13 am
Casa wrote:
Mon May 07, 2018 10:15 am
sevendust12 wrote:
Mon May 07, 2018 9:51 am
If you are the applicant, it’s the sponsor who needs to prove to the HO that he can meet the financial requirement.

Your MPF is irrelevant as the HO do not care how much you’re earning.
To avoid any further misunderstanding, an MPF (Provident Fund) is a scheme set-up by the Hong Kong Government to enable workers to save for their retirement ( not earnings). :idea:

In order for the funds to be considered as savings (which can be jointly held), in my opinion these would need to be released prior to submitting the visa application and held in accessible account.. My reasoning is due to the fact that there are strict HK Gov rules in place for liquidising the funds and the only one which seems to apply in your situation is "permanent departure from Hong Kong".

This could prove to be a challenge as you may be required to submit proof of your UK visa before funds are released, and you need the funds in order for the visa to be granted. Something of a 'Catch 22' situation. :?

How much are you relying on these funds to meet the £18,600 p.a income level?

Others with more knowledge on this fund may be able to advise further.

Read through the official guidance in this link:
https://assets.publishing.service.gov.u ... _Final.pdf
Hi Casa

Thank you for your reply. Actually I am not relying on MPF to meet the income level as my income level is higher then £18600 p.a but as I don't have job offer in UK at the moment I cannot meet the financial requirement. So I want to go through savings route where I need to show the savings of £62,500 . To meet that amount I do rely on MPF.
If you are using cash savings route alone, funds of gbp 62,500 must be readily available.
I doubt your MPF balance is so liquid that it’s readily available as per the definition.

Sarahhk
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Sarahhk » Wed May 09, 2018 12:58 am

Casa wrote:
Tue May 08, 2018 8:13 am
Sarahhk wrote:
Tue May 08, 2018 3:02 am
sevendust12 wrote:
Mon May 07, 2018 9:51 am
If you are the applicant, it’s the sponsor who needs to prove to the HO that he can meet the financial requirement.

Your MPF is irrelevant as the HO do not care how much you’re earning.
Thank you for your reply. I think you are not aware of new immigration rules . As per new rules both the applicant and sponsor's income/savings are counted to meet the financial requirement.
Where in the Statement of Changes in the Immigration Rules is this listed? Link? :!:

Hi there

Here is the link https://www.gov.uk/uk-family-visa/proof-income

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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Casa » Wed May 09, 2018 8:21 am

This isn't a change to the Rules. Note the following (referring to the applicant)
"you can only use your own income if you earn it in the UK"

Joint earnings outside of the UK won't qualify. You can only rely on joint 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.

Sarahhk
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Sarahhk » Wed May 09, 2018 2:17 pm

Casa wrote:
Wed May 09, 2018 8:21 am
This isn't a change to the Rules. Note the following (referring to the applicant)
"you can only use your own income if you earn it in the UK"

Joint earnings outside of the UK won't qualify. You can only rely on joint savings.
What if there is a job offer in UK for the applicant. Will that qualify ?

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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by CR001 » Wed May 09, 2018 2:24 pm

Sarahhk wrote:
Wed May 09, 2018 2:17 pm
Casa wrote:
Wed May 09, 2018 8:21 am
This isn't a change to the Rules. Note the following (referring to the applicant)
"you can only use your own income if you earn it in the UK"

Joint earnings outside of the UK won't qualify. You can only rely on joint savings.
What if there is a job offer in UK for the applicant. Will that qualify ?
No it wont. For applications abroad, only the British sponsor or ILR holder sponsors' UK job/income will count. The applicants employment or future UK employment is irrelevant.
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Sarahhk » Wed May 09, 2018 2:33 pm

CR001 wrote:
Wed May 09, 2018 2:24 pm
Sarahhk wrote:
Wed May 09, 2018 2:17 pm
Casa wrote:
Wed May 09, 2018 8:21 am
This isn't a change to the Rules. Note the following (referring to the applicant)
"you can only use your own income if you earn it in the UK"

Joint earnings outside of the UK won't qualify. You can only rely on joint savings.
What if there is a job offer in UK for the applicant. Will that qualify ?
No it wont. For applications abroad, only the British sponsor or ILR holder sponsors' UK job/income will count. The applicants employment or future UK employment is irrelevant.
Is there any way out if you have a British Child living outside UK.

Sarahhk
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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Sarahhk » Wed May 09, 2018 3:03 pm

skkid3420 wrote:
Tue May 08, 2018 12:13 pm
Sarahhk wrote:
Tue May 08, 2018 3:13 am
Casa wrote:
Mon May 07, 2018 10:15 am
sevendust12 wrote:
Mon May 07, 2018 9:51 am
If you are the applicant, it’s the sponsor who needs to prove to the HO that he can meet the financial requirement.

Your MPF is irrelevant as the HO do not care how much you’re earning.
To avoid any further misunderstanding, an MPF (Provident Fund) is a scheme set-up by the Hong Kong Government to enable workers to save for their retirement ( not earnings). :idea:

In order for the funds to be considered as savings (which can be jointly held), in my opinion these would need to be released prior to submitting the visa application and held in accessible account.. My reasoning is due to the fact that there are strict HK Gov rules in place for liquidising the funds and the only one which seems to apply in your situation is "permanent departure from Hong Kong".

This could prove to be a challenge as you may be required to submit proof of your UK visa before funds are released, and you need the funds in order for the visa to be granted. Something of a 'Catch 22' situation. :?

How much are you relying on these funds to meet the £18,600 p.a income level?

Others with more knowledge on this fund may be able to advise further.

Read through the official guidance in this link:
https://assets.publishing.service.gov.u ... _Final.pdf
Hi Casa

Thank you for your reply. Actually I am not relying on MPF to meet the income level as my income level is higher then £18600 p.a but as I don't have job offer in UK at the moment I cannot meet the financial requirement. So I want to go through savings route where I need to show the savings of £62,500 . To meet that amount I do rely on MPF.
If you are using cash savings route alone, funds of gbp 62,500 must be readily available.
I doubt your MPF balance is so liquid that it’s readily available as per the definition.
Hi Casa

I found this in Exceptional circumstances

10.3. The decision-maker should then consider any information and evidence provided by
the applicant as to other sources of income, financial support or funds. Paragraph 21A of
Appendix FM-SE sets out the types of source which can be taken into account (in addition to
the specified sources referred to in Appendix FM, in, as appropriate, paragraph E-ECP.3.2., E-LTRP.3.2., E-ECC.2.2. or E-LTRC.2.2.). These are:


(c) any other credible and reliable source of income or funds for the applicant or
their partner, which is available to them at the date of application or which will
become available to them during the period of limited leave applied for. This
could include, for example, cash savings of the couple (of less than £16,000, or held
for less than 6 months at the date of application where paragraph 11(c) or 11(d) of
Appendix FM-SE does not apply), or an investment or financial product owned by the
couple (e.g. an endowment policy which has not yet matured but will pay out within 30
months of the date of application), which Appendix FM-SE does not otherwise permit
to be taken into account under the minimum income requirement.


Does this mean that funds (in my case MPF) available during the period of limited leave applied for can be taken into account.

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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Casa » Wed May 09, 2018 6:35 pm

It may, but for Exceptional Circumstances read through this article by Freemovement.
https://www.freemovement.org.uk/home-of ... g-mm-case/
(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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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Sarahhk » Thu May 10, 2018 12:42 pm

Casa wrote:
Wed May 09, 2018 6:35 pm
It may, but for Exceptional Circumstances read through this article by Freemovement.
https://www.freemovement.org.uk/home-of ... g-mm-case/
I even found following statement here https://www.gov.uk/guidance/immigration ... d-evidence

11A. In respect of cash savings:

(a) The savings may be held in any form of bank/savings account (whether a current, deposit or investment account, provided by a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating), provided that the account allows the savings to be accessed immediately (with or without a penalty for withdrawing funds without notice). This can include savings held in a pension savings account which can be immediately withdrawn.

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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by lutga » Thu May 10, 2018 12:46 pm

Yup, the emphasis really is on 'immediate' access.

I would say it's something they potentially *may* consider, if your supporting documentation is strong enough - but that it's likely to only be one piece in a bigger puzzle, and alone it really may not be strong enough to convince them. If you have any other - more reliable - sources of immediate income, they are likely to trump it.

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Re: Can i show my MPF(Provident Fund) to meet financial requirement of UK Spouse Visa ?

Post by Sarahhk » Thu May 10, 2018 12:59 pm

lutga wrote:
Thu May 10, 2018 12:46 pm
Yup, the emphasis really is on 'immediate' access.

I would say it's something they potentially *may* consider, if your supporting documentation is strong enough - but that it's likely to only be one piece in a bigger puzzle, and alone it really may not be strong enough to convince them. If you have any other - more reliable - sources of immediate income, they are likely to trump it.
I totally agree with you. I am here just to know if anyone have got any experience with MPF as i was confused about it and i don't want to take any chances for my application to be rejected.

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