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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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FAO Tom only, please. Dear XXXXX, To continue our thread... Regarding

Resolved Question:

FAO Tom only, please.

Dear XXXXX,

To continue our thread...

Regarding the best timing for applying for my wife's settlement visa:

1. I assume that I must first of all receive my UK citizenship certificate before we can apply. Is this correct?

2. Will I need to submit my original citizenship certificate along with her application?

3. Am I correct that for applying to sponsor her using only assets, one would need a total of £62,500 (£18,600 x 2.5 + £16,000)in cash type assets?

4. Am I correct that if I add a U.S. Social Security pension of £6,000/year, the total cash type assets needed would be £47,500 (£12,600 x 2.5 +£16,000)?

5. Am I correct that income I receive from a company in which I am part-owner might be regarded as self-employment, and might not be able to be combined with assets in the calculation of the required level of assets and income for sponsorship? If so, the combination of pension and assets might be the best for us.

6. Regarding the timing of when the pension can be used, I believe that the UKBA documents say it cannot be applied until 28 days after the payments begin. Since I will become eligible for the payments to start this April (don't know the day yet), does this mean that I could not apply the pension to the sponsorship requirement before May? If so, does this mean May as the date of application...or as the date of entry into the UK?

7. Also about the pension. I should have a US government certificate confirming that it will start in April fairly soon (perhaps around the beginning of March). Is this suffient for the asset to be considered a qualifying one, or do I have to wait until 28 days after the actual payments have begun? (Or are things like this up to the discretion of the examiner?)

8. About £17,000 of our current "cash" assets are held as the redeemable portion of a life insurance/annuity policy (i.e. accumulated cash value that can be withdrawn at any time) with the Allstate Company. Can this amount be applied as is to the calculation, or would the cash need to be withdrawn from the policy and deposited in a bank account? In this case, would I need to wait six months before the asset could be applied to the sponsorship calculation?

9. Similarly, we expect to realize at least £10,000 and hopefully around £16,000 from the sale of our property on Guam. In this case, would that sum be regarded by the UKBA as having been held for longer than six months, since we owned it in the form of home equity for about 18 months, or would it need to be deposited into an account and held for six months after the date of the sale? (FYI - If all goes well, the sale should close in early to mid March.)

Thank you again for the advice! I am looking forward to hearing from you again soon.

Best regards,

-Customer
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

I will answer at 9

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

1) Correct. Although you are probably technically a UK citizen because they have confirmed it you will need the certificaite as proof to submit with your wife’s application.
2) Yes, you probably will but I would think that if you send a notarized copy of this as well as the original then they will return it if your wife’s application is kept for longer than a couple of days (if you request this) because once they have verified the legitimacy of it they do not require it any longer. The situation is different with your wife’s passport because they need to stamp the visa in it
3) I assume by assets you are referring to meeting the requirements by using only “savings” rather than any income), in which case you are correct. Savings only is £62, 500.00. Please refer to 7.1.7 for confirmation:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary
4) I believe so, yes, that is my reading of it.
5) Again, I think this is correct. If you are part owner/operator of the business I would expect the income to be classed as self employment business income rather than simply dividends
6) The sponsorship requirement will be applied as at the date of application, so you should not apply until after 28 days after you receive pension income for the first time if you are relying on this.
7) To be safe, I would wait until you are in receipt. It’s too big a risk to rely on future payments for me.
8) Tricky. Ideally you would withdraw them then there would be no question. To be quite honest; I’m not sure. It’s not dealt with specifically in the guidance. To have a chance you would certainly have to show that they can be withdrawn immediately without fulfilling any other requirements. You would have to submit supporting evidence from the instituition holding these confirming this as well.
9) This is not covered either. You would have to argue that this should be regarded as being held for 6 months and, frankly, it’s the sort of thing that you might find yourself appealing on. The problem with the guidance is that peoples situations tend to be more complicated that the extent covered in the guidance, which means that things are worked out through case law.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Dear XXXXX,


 


Thank you very much for the insightful answers.


 


Dealing with so many gray areas has me feeling like I'm playing with a Rubick's cube, however. Everything I need is there...but how and when to line it all up properly is the challenge.


 


One thing that would help a lot is if you could tell me everything you can about the "premium" application process you mentioned. I suspect that the best thing for us will be to go ahead and go to the UK and get our house set up (with my wife on a visitor visa), then for her to go to the US and apply for the settlement visa from there as soon as the timing on the pension and the various types of savings is clearly okay. If that's the case, a short trip would definitely be better than her having to wait over there for up to three months.


 


FYI, our lease is up on the house we are living in here in Japan at the end of May, and some friends of ours in England have kindly offered to let us rent a property they own for a very favorable price - if we can move in by about that time...so it could be very difficult to delay the initial move much beyond then. (Did I mention that we have four cats and three dogs who will be joining us? Tongue Out)


 


Thanks again for the advice.


 


Best regards,


 


-Customer/p>

 

Expert:  Thomas replied 1 year ago.
Hi DJ Morris,


Sorry, having looking on the UKBA: United States website it seems that the premium service is not available. It is available within the UK, so it may be that it is not available outside the UK.

However, you can pay a courier fee to have the aprpoved documentation returning to you. Again, if you instruct a solicitor to prepare the applicatoin then it will hopfully cut down the waiting time a bit because it will be organised in the best way possible.

If you want to get here by May then you really need to apply as soon as possible. Again, instruct a solicitor and get things moving.

Best of luck.

Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear XXXXX,


Do you know for certain if the premium service is available in Japan or not? Some of Japan's immigration related treaties with the UK are different from those of the US, so we can't definitely say that the service is unavailable here because it isn't offered in the US.


 


Assuming that it isn't available in either the US or Japan, am I correct that, since my wife cannot change from a visitor visa to a (spousal) settlement one within the UK, there is no way she can make use of this service? In this case, would the courier service you are referring to be simply for the return of documents under a regular application?


 


On a related point, our feeling is that it would probably be best to wait and make an application only after my pension has been actually paid for at least one month, and the additional savings required are in a form that will not be questioned, even if it means that my wife will have to go back to the US (or Japan) for a period of time, rather than apply with some points still in a gray area, and risk being rejected and having to go through an appeal process. Please let me know your thoughts on this.


 


Thanks again for all the advice.


 


Best regards,


 


-Customer/p>

Expert:  Thomas replied 1 year ago.
I will answer at 9
Customer: replied 1 year ago.


Thanks. I'm looking forward to it.

Expert:  Thomas replied 1 year ago.
HICustomer

I am terribly sorry, it appears that the premium service is not available in Japan. I am beginning to suspect that it's only in-country appliaction only.

She cannot switch from a visitor's visa to a setttlement application within the UK, this is very strictly prohibited. It would be immediately rejected, fee witheld and it could also potentially cause problems when she inevitably applies from Japan.

If you are to rely on your pension at all then you shoudl wait until you have been in receipt for at least a month, that is my view.

Apologies for banging the drum, but the best thing you coudl do is instruct a UK based immigration solicitor to prepare the application for you. When they begin considering the application they will whip through it a lot quicker if a solicitor has vetted it.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

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