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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2138
Experience:  I am a qualified solicitor and an expert in UK law.
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I am a UK citizen and live with my wife (a Canadian citizen),

Resolved Question:

I am a UK citizen and live with my wife (a Canadian citizen), in Hong Kong, but we plan to move to the UK later this year.

My wife recently had her application for a UK spouse visa rejected because we did not have the required amount of savings, £62,500, in cash for six months. Half of it was in a couple of investments. We are now cashing in the investments to put in to cash.

Should we wait the full six months before reapplying for the visa or can we apply sooner since we can prove we have had the money for several years.

Thanks

Stuart
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

In respect of cash savings the home office states the following:

 

(a) The savings may be held in any form of bank/savings account, provided that the account allows the savings to be accessed immediately (with or without a penalty for withdrawing funds without notice). This can include savings held in a pension savings account which can be immediately withdrawn.

 

(b) Paid out competition winnings or a legacy which has been paid can contribute to cash savings.

 

(c) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments,stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that:

 

(i) The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.

 

(ii) The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.

 

(iii) The requirements in respect of the cash savings held at the date of application are met, except that the period of at least 6 months prior to the date of application in paragraph (a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.

 

Therefore, provided that you have held the savings more than 6 months, then you will be able to apply provided that the above requirements are met. If you wish to apply with only cash saving then you would need to wait for 6 months. But if you wish to cash in on your stock, investments etc then you will be able to apply sooner provided that the savings have been with you for over 6 months.

 

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards

Customer: replied 1 year ago.

Thanks for your reply, this is quite helpful and detailed.


 


I would like to make sure that I understand what you have said -


 


So once I have converted my 2 lump sum investments into cash and put it with the cash I already have, we can re-apply for the visa.


 


We need to show and can show, that we have had the cash and investments for more than six months. I have statements for the investments going back several years and will have a paper trail to show when they were cashed up and the money deposited in my account.


 


So is it correct that this is basically what we need to do?


 


Many thanks


 


Stuart


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes this is correct. If you should that you have had the savings in your possession for more than 6 months and you have now transferred these into cash, then yes you are able to use the savings as part of the cash savings.

As you correctly stated and as I mentioned in my answer please do have a paper trail of where the funds have come from and when they were transferred.

I hope this clarifies the matter.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2138
Experience: I am a qualified solicitor and an expert in UK law.
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