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Andrew
Andrew, Barrister
Category: UK Immigration Law
Satisfied Customers: 28
Experience:  Over 10 years specialist expertise in all aspects of Immigration Law.
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I am a British citizen sponsoring settlement visa applications

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I am a British citizen sponsoring settlement visa applications for my Filipina wife and her 9 year old son. I have prepared a quite comprehensive pack od supporting papers and evidence. However my weakest area is finance. I can prove my income is sufficient to meet the expenses of our family (and can also prove the expenses) I can also provide positive credit information and can show significant financial support I have provided to my family in recent months since my return from the Philippines. However, my weakness is that I made full use of my £3,400 authorised bank overdraft on my return to the UK, and before obtaining work. Although this is reducing, it is still there at about £1,500. My question is should I submit and explain these bank statements? Or should I just send the proof of income and expenses, and omit the bank statements? Which is stronger? Thanks

Andrew :

Hello and thank you for your question. It will probably be a factor that is counted against you on a refusal- the omission of bank statements- as it could be said that without the statements the full picture of your expenses has not been revealed. What is necessary in terms of adequate maintenance is to be determined at the date of the Entry clearance officer's decision (even if you appeal against it to a tribunal thereafter). It is important that at that date, you can show that relative to a family on income support (couple of 18 with child plus family premium), your income net of any rent/ mortgage, is greater. You ought to calculate this yourself, as the ECO may well get it wrong and if it can be explained to him based on the evidence, so much the better.

Andrew :

I hope this has been useful and wish you all the success in the applications. Please can I ask you to click accept so that the money you have paid does not all remain with the site. Many thanks

Customer:

Thank you for your advice - I think my question is that on balance, would the application be stronger with concrete evidence of income and rent/council tax/utility and t on its own, but without overdrawn bank statements,, or with bank statements to reconcile income, but showing as overdrwan?

Customer:

I think I can show that the disposable income can exceed the benefit test for family

Customer:

by payslips, etc, and tenancy agreement with fixed council tax and utility bill components

Customer:

I have heard that some applications have been refused as a result of submitting overdrawn bank statements, so that's why I wondered if it would be stronger to submit the evidence without the statements. Or whether omission of the statements would be a more serious problem.

Customer:

Do you have a view on this? - If I click accept before you answer, I think I lose the chance to ask this follow-up question?

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Customer: replied 6 years ago.

I have heard that some applications have been refused as a result of submitting overdrawn bank statements, so that's why I wondered if it would be stronger to submit the evidence without the statements. Or whether omission of the statements would be a more serious problem.., Thanks - hope you can clarify.

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