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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I have all the documentation for my wifes spouse settlement

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Hello,
I have all the documentation for my wife’s spouse settlement visa.
The earliest date available for taking her English exam is in 35 days, then a further 14 days to receive the certificate.
I am flying next Monday 13th, with all my documentation supporting my wife’s application. Will the British Embassy accept my documents, considering the time that has passed and the dates on my documents? (All of which are in the last 3 months) the last date on bank statements and official letters is 8th May 2013.
Hi,

Are you saying that your wife will submit her application some time in June and whether the UKBA will accept your documents which are only up to 8th May?

Tom
Customer: replied 3 years ago.

Hi ,


 


Yes I am saying that my wife will submit her application in June, with documents dated up to 8th May.


 


My question is what is the UKBA'S legal requirements with regards XXXXX XXXXX submitted and the dates on the docuements exactly?

Hi

Thanks for your patience.

If it is the case that the application is submitted a full month or more after the date of the documents that you have which are time sensitive (ie. bank statements) then I would expect that the UKBA might have a problem with that.

Really, documents should be for the months immediately preceding the application date. An element of discretion is allowed, say if you submitted documents dated the 8th May but the application was submitted on 18th then that would probably just about be okay. However, if there is a full month unaccounted for then in my view the UKBA would consider it too great a lapse in time which might either lead immediately to a rejection or might lead to them requesting further documents from you.

My view is that you should pass the documentation to your wife to submit when she has all her documents available and forward the missing documents for the intervening time from the UK when you have received them.

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Kind regards,


Tom
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Customer: replied 3 years ago.

Hi Tom,


I have a letter from my bank on original letter head, signed and stamped stating that I am a private client of the bank, and that in order to have the account with the bank; I meet the terms and conditions of the bank, which is a minimum income of £100,000 or £75,000 in savings and investment.


Can me my wife and I that I meet the minimum financial requirements of having savings of £16,000 and above, without having to show my pay slips and income, although the bank statement will show my income in any case.


I have also have a letter from my employer confirming my position with the company for 12 years and my income, and my NI check will confirm I have never been on benefits at all ( although)I do not pay tax, as my income is generated offshore.

Hi I am afraid that would be quite a big risk unfortunately, I couldn't say for sure that they wouid accept it.

Customer: replied 3 years ago.

Hi Tom,



it confused by your reply (I couldn't say for sure that they would accept it. ) Accept what? Referring to what exactly?



Please allow me to explain (1.) The UKBA state that you must be in employment with a minimum income of income of £18,600



(2.) You must have saving held for a minimum of 6 six months and not less than the amount of £16,000



Now the UKBA state than you can apply if you can meet either of the 2 examples I have given you.



What I would like to confirm is that if you apply with option (2) as above, do you still have to provide 6 months bank statements and payslips, as I my wife is not applying on that method.



We have an original letter from the bank stating when the account was opened and that that I meet I am private Client as I meet the expectations, with regards to the Banks T& C’S mini income of £100,000 or savings of £50,000.



My bank will also confirm that I held an amount above the £16,000 for more than 6 months, along with an original one month statement, showing funds are cleared and available to use.



My employer confirms my employment and how much I earned in the last 6 months, which matches my bank statement, and length of time with ,but if not if we apply on option (2) on that basis, do I still have submit, 6 months bank statements and payslips or not?


 


 

Hi

I'm not at home now (on phone).

I will be able to answer at approximately 5pm..

Tom
Customer: replied 3 years ago.

it is now 11.59 pm, you stated a reply by 5.pm.... It would have been better to say you would reply by tomorrow.


 


Thanks for all your positive feedback uptodate, but dissapointed with a promise of getting back to me and not doing so....

Customer: replied 3 years ago.
Relist: Answer quality.
Hi,

I am really sorry. The website has experience technicaly difficulties for the past 24 hours which has meant that I have not been able to reply.

You will see from the guidance issued by the UKBA at 7.2.2 that it is required that you prove that you have held the cash savings that you are relying upon for a period of 6 months prior to the date of application.

Therefore, in order to prove this you would have to show the statements issued by the relevant financial institution for the whole of the 6 month period.

Please note that only a proportion above £16, 000.00 is used in determining whether you meet the threshold limit of $18, 600.00. Please refer 7.1.6 -7.1.8 for details of this.

Sorry, again. The website difficulties have been very frustrating for me as well.

Kind regards,

Tom
Customer: replied 3 years ago.

I am sorry the final points you refering to do not exist on the UKBA Appendix 2 (VAF 4A Novemember 2012)


Financial Requirement..?


 


Please confirm which UKBA form and points you are referring to.


 


Just to recap, have 6 months statements which confirm income of £80,00 year to date, ( past six months ( Net income) along with confirmation of holding the min of £16,000 for more than 6 months.


 


Want to apply on meeting financial requirement based on savings, so I do not need to go into details on my income so that they can see that I have the funds, with out having to provide salary pay slips, proof of employment etc, as they will see evidence of this in my 6 months bank statements anyway. Very simple answer that I am looking for, if I have the minimum savings required and they can see my income, can apply on that basis, with out having to give payslips ect?

Hi

The guidance that I was referring to is here:
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/

Click on the p d f file to the right hand side of the above link and cross reference with numbered sections which I used about

If you are able to demonstrate your salary at the rate you have quoted them it is not necessary to also demonstrate that you have £16000 wind savings.

However, if you do not wish to rely on your income and simply rely on your savings then to meet the financial requirement you must demonstrate that you hold £62500 to meet the financial threshold. Please refer to 7.1.8 of the p d f file that I have referred to above for confirmation of this. If you do not have this amount then you must rely on some of your income and therefore you would be required in these circumstances to produce your payslips and bank statements

Tom
Customer: replied 3 years ago.

With regards to the following- "If you do not have this amount then you must rely on some of your income and therefore you would be required in these circumstances to produce your payslips and bank statements " Does the UKBA CHECK INCOME TAX, AS i WORK AND AM PAID OFFSHORE. i DO HAVE MORE THAN £550,000 in savings held for more than 6 months, with a Barclays Wealth in Jersey, will and can tet UKBA de jealous and investigate me for tax ?

Hi,

The UKBA checks that the income meets their threshold requirements. They do not invesitgatte tax affirs, but if they see any conspicuous element of clear illegality then they will inform the relevant authority.

Tom

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