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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir My daughter, 17 year old currently has a valid visa

Resolved Question:

Dear Sir
My daughter, 17 year old currently has a valid visa for the UK as a Tier 4 Child student, she would like to switch being the dependant of mother's Tier 1 Entrepreneur visa. We, as a parents have given her funds which have been placed in her bond account, this funds is enough to maitain our daughter during her stay in the UK.
Could it be a problem having this bond for switching her visa into dependant of mother's visa?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. How accessible is the bond account?
2. Can she easily withdraw from it
3. Will anybody else have access?
Kind regards.
Tom
Customer: replied 4 years ago.

Thank you for your quick reply.

1. This bond is easily accessible

2. She can easily withdraw from it

3. No one else have access to this bond account

 

Expert:  Thomas replied 4 years ago.
Hi,

Thanks for your question.

The key thing is that you must demonstrate that this money is hers and not yours. They must be able to access the money immediately and there can be no conditions to access.

Therefore, you need to show that the account is in her sole name and I would suggest also showing the terms on which she can withdraw the money if necessary. You may have a written agreement for the acoc**t in this regard and I should submit this with the application.

It would also be helpful if you and your wife would declare that the monies you have transferred to your daughter are by way of gift rather than as a loan with anticipated repayment. If the UKBA consider that it is a "false" transfer of money and that they remain yours then they could reject on this basis



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Kind regards,


Tom
Customer: replied 4 years ago.

Sorry, you probably misunderstood me, as my dependant she has to be mainly financially dependant on me.

Could it be a problem having this bond account, which is enough to support her stay in the UK, being a dependant of mother's Tier 1 Entrepreneur visa?

Yours sincerely,

Irina

 

Expert:  Thomas replied 4 years ago.
Hi Irina,

I think I understood your question.

It will be fine for the money to be held in this way. Obviously, were she a very young child then this would not be sufficient because she would not be financially responsible but on the basis that she is 17 years of age and is aware of the responsibility to maintain the money and not spend it because her visa status depends on it then she will be fine.

Here is the page on it:-
htt p://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/applicationsbydependants/assessmentoffunds/

and:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/applicationsbydependants/dependants-documents/

Trust this clarifies, please click accept.

Kind regards,

Tom
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