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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
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Experience:  English Solicitor and UK Immigration Law Expert
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Im from the US. My fiance lives and works in Britain and

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I'm from the US. My fiance lives and works in Britain and usually goes to school but was not able to get enrolled in enough time this summer because he was overseas. My future mother and father in law offered to sponsor my visa and allow me to live under their roof until we were capable of supporting ourselves. When we apply for a fiance visa, will my fiance's schooling issues count against us? - Or are they only going to look at my in-laws income status and that sort of thing? Exactly what information will my fiance need to provide if his parents are the ones sponsoring me? I ask this because we're afraid if he's not in school and working, they will not allow me to come here because they will think h
e isn't taking the proper steps to support me in the future.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 4 years ago.
Hello,

The maintenance requirements for a fiancee visa are quite strict and they would normally look at whether either one of you, or both of you, are of independent means.

I have quoted the requirements below which must be followed strictly:

The Immigration Rules require that an applicant and their sponsor must provide evidence that they are able to maintain themselves and any dependants without recourse to public funds.

To meet the maintenance requirement evidence must be provided that demonstrates:

  • Sufficient independent means,
  • Employment for one or both of the parties,
  • Sufficient prospects of employment for one or both parties.

You must provide evidence that maintenance is available in the form of cash funds. Other accounts or financial instruments (such as shares, bonds and pension funds) are not acceptable, regardless of the notice period.

If you want to rely on a joint account as evidence of available funds, you must be named on the account along with at least 1 other named individual.

All evidence must cover the period of your relationship, and particularly the immediate period before you make your application.

The following types of documents are acceptable as evidence:

  • personal bank or building society statements; and/or
  • building society pass books; and/or
  • letters from banks or building societies confirming funds; and/or
  • letters from financial institutions regulated by the Financial Services Authority (or the home regulator, if the account is overseas) confirming funds.

The joint income of a couple will be taken into account when assessing the adequacy of the funds available.

All documents must be issued by an authorised official of the organisation.

Personal bank or building society statements

Every personal bank or building society statement should clearly show:

  • your name or your sponsor's name
  • the account number
  • the date of the statement
  • the financial institution's name and logo
  • transactions covering the recent period
  • that there are enough funds present in the account to support a dependent partner and any dependent children

If you want to send electronic bank statements from an online account, these must contain all of the details listed above. You will also need to send a supporting letter from your bank, on headed paper, confirming that the statements are genuine. Alternatively, electronic bank statements with the official stamp of the bank that issued the statements will be accepted. The stamp must appear on every page of the statement.

We will not accept statements that simply show the balance in the account on a particular day, as these documents do not show that there are consistent funds to meet the maintenance requirement.

Building society pass-book

The building society pass-book should clearly show:

  • your name or your sponsor's name
  • the account number
  • the financial institution's name and logo
  • transactions covering the recent period
  • that there are enough funds present in the account to support a dependent partner and any dependent children

Letter confirming funds

Each letter must be from a bank, a building society or a financial institution that is regulated by the Financial Services Authority (or the home regulator, if the account is overseas).

The home regulator is the official regulatory body for the country where the institution operates and the funds are located.

The letter should state:

  • your name or your sponsor's name
  • the account number
  • the date of the letter
  • the financial institution's name and logo
  • the funds held in your account
  • that there are enough funds present in the account to support a dependent partner and any dependent children

We will not accept letters that simply show the balance in the account on a particular day, as these documents do not show that there are consistent funds to meet the maintenance requirement.

Customer: replied 4 years ago.
Quoting the laws about money and accounts is all well and fine but didn't answer my question. We aren't sponsoring ourselves. My in-laws are sponsoring me. We have a solicitor in Scotland who has already verified that they can in fact sponsor, but we are unable to reach him at this time, so we're seeking outside advice. What I WANT to know, please, is what, if anything my fiance will be required to provide for the visa if my IN LAWS are sponsoring me. Will they want to know about his schooling or his job? This is very important.
Expert:  UKSolicitorJA replied 4 years ago.
Thank you for your clarification.

Third party support is perfectly fine and allowed in your case. The fact that he is schooling or is not in employment will not be held against him.

The rules state that:

A couple or other applicant who is / are unable to produce sufficient evidence to meet the maintenance requirement may provide an undertaking from members of their families that those members will support the couple / applicant until they are able to support themselves from their own resources.

Third party support is not precluded from consideration under the maintenance requirements relating to spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried partners, same-sex partners, children, parents, grandparents and other dependent relatives of sponsors who are settled in the UK.

The Entry Clearance Officer will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he / she can be adequately maintained in the UK without recourse to public funds. The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets.

Hope this answers your query
UKSolicitorJA and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
Sir, thank you so much for your time and patience. You've been an incredible help for this picky lady!
Expert:  UKSolicitorJA replied 4 years ago.
You are most welcome! It has been a pleasure.

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