Post
by tonyc » Wed Oct 28, 2020 9:04 am
Hi
Just received a refusal with an option to appeal. Not sure if I should contact them via telephone or email as do not understand why we did not meet the financial requirement. Other option is to go through an appeal process but not sure how long that takes. We sent 6 months of statements with the first one reflecting more than 62500 UK Pounds and a declaration from the sponsor under category financial statements stating that the source of the funds emanated from the sale of house that we had owned for the past 7 years.
Under the covering letter we also stated the following
I would like our CASH savings to be used towards meeting the financial requirement as per Category D of Appendix FM of the immigration rules and that those savings emanated from the sale of our house that we have owned for 7 years from 2013. All the documents supporting the above can be found in the index under E: Financial Documents (Cat D – Sale of property in last 6 months)
The following documents where also uploaded as proof of the sale under financial evidence
• Declaration by sponsor of source of funds stating that the amount emanated from the sale of the residential property that they have owned for the past 7 years
• Letter from lawyer showing proceeds of sale after all deductions
• 6 Months bank statements with first one showing amount deposited from sale of house
• Title deeds from house showing that it had been owned for the past 7 years
• Agreement of Sale from house
• Proof that mortgage bond was fully paid off
Under the Appendix FM rules it states
Funds held as cash savings by the applicant, their partner or both jointly at the date of application can be from the proceeds of the sale of property within the period of 6 months prior to the date of application, provided that:
• • the property was in the form of a dwelling, other building or land
• • the property (or relevant share of the property) was owned by the applicant, their partner or both jointly at the beginning of the 6-month period prior to the date of application
• • the funds deposited as cash savings are the net proceeds of the sale, once any mortgage or loan secured on the property (or relevant share of the property) has been repaid and once any taxes and professional fees associated with the sale have been paid
• • if the ownership of the property was shared with a third party, only the proceeds of the sale of the share of the property owned by the applicant, their partner or both jointly may be counted
This means that, where the cash savings held at the date of application are the proceeds of an applicable property sale; the period the property was owned in the 6 months prior to the date of application, before it was sold to produce cash savings, can be counted towards the 6-month period. Money held as cash savings at the date of application can have resulted from the sale of a property for the first part of the period of 6 months prior to the date of application and as cash savings for the rest of that 6-month period. If the decision-maker is satisfied that all the requirements have Page 49 of 69 Published for Home Office staff on 17 July 2020 been met in addition to the requirements being met when the funds are held as cash savings (see the table for a summary of the cash savings requirements).
The rules do not specify what evidence must be submitted as individual circumstances and local property laws and taxes will vary. However, to assist applicants and decisionmakers, the rules give examples of some evidence we will take into account. But other evidence may be accepted if it indicates the requirements are met.
Examples of the evidence that can be provided include:
• • Land Registry information or documentation (or a copy of this) or its overseas equivalent
• • a letter from a solicitor (or other relevant professional if the sale takes place overseas) instructed in the sale of the property confirming the sale price and other relevant information
• • a letter from a lender (a bank or building society) on its headed stationery regarding the repayment of a mortgage or loan secured on the property
• • confirmation of payment of taxes or professional fees associated with the sale
So therefore
I thought that the requirement for the 62500 UK Pounds to be in the bank account for 6 months is waivered as the funds were acquired from the sale of the house
ADVICE URGENTLY REQUIRED
The letter from UKVI states
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Your sponsor is not exempt from the financial requirements as defined by paragraph E-ECP.3.3. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of the Rules your sponsor needs a gross income of at least £18,600 per annum or savings of the amount of £62,500 or a combination of the two.
You state in your application that you are relying on your sponsor’s cash savings. In the evidence you have submitted and Investec account statement in your sponsor’s name (account ending 6245) showing a closing balance of R7122614 (£336,836) on the date 23/09/2020. However, this amount has not been held in the account for at least 6 months or more. On the 17/09/2020 in the same account, the balance is R86383 (£4,085).
I have not deemed it appropriated to exercise the provision of evidential flexibility as set out in paragraph D of Appendix FM-SE in this case, as your application clearly falls for refusal due to your sponsor not holding the required cash funds for at least 6 months.
In view of the fact that you have not provided the specified evidence for the specified periods as stated in Appendix FM-SE of the Immigration Rules, I am not satisfied that you have met the financial requirement.
I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)
Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
Exceptional Circumstances
