spousal visa extension after 5 years / financial req'ts not met / switch to BNO route

[markm_99]

Hi,

I'm looking for some feedback. I am a British citizen and returned to UK from HK with my HK born wife under a spousal visa under the 5 yr plan in 2018. We successfully applied for the 2.5 yr extension after 2.5 yrs in UK and now we have been here over 5 years with the current spousal visa set to expire in Dec 2023 (my wife has booked the Life in UK test / IELTS B1 English test for early November).

In both the original application 5 years ago and subsequent extension after 2.5 yrs we used cash savings to meet the financial requirements as I am retired. I have now just realized that we will not meet the financial requirements as our savings is not in a bank account over the past 6 months. So now I am currently liquidating some investments and will soon have the required bank account balance, and am also in the process of selling a UK property that I have owned for several years.

Am I correct to say that if we send off the ILR application in November it will automatically be rejected under the financial requirements problem, and that I should therefore not apply until after 6 months of having the cash in my bank account? If this is the case, do I need to apply for a "non-ILR" visa extension now, bearing in mind the current visa expires in December?

Finally, as my wife has a BNO passport would it be viable to switch to that route now which I understand has less stringent financial requirements? Grateful for any feedback or tips!

[manci]

Am I correct to say that if we send off the ILR application in November it will automatically be rejected under the financial requirements problem

not necessarily. Read paras 11 and 11A of Appendix FM=SE of the Immigration Rules
https://www.gov.uk/guidance/immigration ... d-evidence

Also read the guidance from p47 onwards:
https://assets.publishing.service.gov.u ... rement.pdf

Also note that pensions income can be combined with cash savings

[manci]

Finally, as my wife has a BNO passport would it be viable to switch to that route now which I understand has less stringent financial requirements?

The BNO route is also feasible, see
https://www.gov.uk/british-national-ove ... -in-the-uk

[secret.simon]

also in the process of selling a UK property that I have owned for several years.

I *think* (I'm not certain) that there is an exception for the "holding liquid funds for six months" rule if they come from the sale of a property.

Wait for others to advise further on that point.

[manci]

I *think* (I'm not certain) that there is an exception for the "holding liquid funds for six months" rule if they come from the sale of a property.

This is indeed the case subject tocertain conditions. See p48 of the guidance
https://assets.publishing.service.gov.u ... rement.pdf

[markm_99]

Thanks for the responses which have been very helpful, however I am still in some doubt as to my situation.

Whilst I am selling a property, it will take a few months so my understanding is that I need to have the sale proceeds prior to my application for ILR - so if I apply before that point the proceeds will not qualify (and if the sale falls through prior to the visa being issued then I am definitely stuck).

Paras 11 / 11A of appendix FM=SE do indeed indicate that sale proceeds of stocks etc can be counted within the 6 months, so I would have met the criteria up to mid Sep when I sold those stocks. However, I then proceeded to invest most of the proceeds into crypto in UK - does anyone know if those funds qualify? My guess is not so as the funds are in a decentralized wallet / account not under FCA supervision. So whilst I will soon liquidate those holdings and transfer back into a bank account, there is apparently going to be a 4 week gap from between mid-Sep and mid-Oct during which I have not met the financial requirements according to the letter...even though I can clearly demonstrate substantial assets and a property that I have owned for years.

In conclusion - if I have a short gap within the 6 months prior to application date whereby I did not meet the financial requirements then must I wait for 6 months to apply?

[markm_99]

It looks like my best bet is to apply to switch to a BNO visa but I can't seem to find the financial requirements for that - other than "required to cover living costs for 6 months". Does anyone know if there is a difference when applying for BNO visa between an extension and permanent status? My concern here is that I don't want to spend the £2888 application fee for BNO ILR visa and then get rejected when I could just apply for BNO visa (but not ILR) at a much lower cost.

The other issue is that if my wife does not pass the "Life in UK" quickly we will end up in a situation where the current visa will expire and we won't have any application under way...am I correct that any application for ILR must be accompanied with a Life in UK test pass in advance? If the Life in UK test has not been passed and the current visa is about to expire - what to do then?

Always appreciate anyone's effort in responding so thanks in advance!

[CR001]

Shre needa a bno visa before she can apply for ilr based on bno route.

[meself2]

Does anyone know if there is a difference when applying for BNO visa between an extension and permanent status?

It's the same as spouse visa, essentially - there's BNO route (temporary visas) and there's settlement based on BNO route. So there's certainly difference. And as rightfully noted, can't hoo from spouse visa to BNO settlement.

am I correct that any application for ILR must be accompanied with a Life in UK test pass in advance?

I think you need to input LITUK pass number during application, so yes.

If the Life in UK test has not been passed and the current visa is about to expire - what to do then?

Extend the leave, for example, apply for another 2.5 year spouse visa. Don't know exactly specifics about BNO route so won't advise on that.

[manci]

It looks like my best bet is to apply to switch to a BNO visa but I can't seem to find the financial requirements for that - other than "required to cover living costs for 6 months".

Applicants who have lived in the UK for 12 months with permission before switching
to the Hong Kong BN(O) route will meet the requirement without further calculations. SRef the HO Financial Requirements document.

She needs a bno visa before she can apply for ilr based on bno route.

...and the BNO visa fee is only £180