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INVITING MY SO TO MY HOME COUNTRY UK

Discussion in 'Military and Veterans' started by DAVE1952, Aug 3, 2022.

  1. cabb

    cabb DI Forum Patron Highly Rated Poster ✤Forum Sponsor✤

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  2. Garcia

    Garcia DI Senior Member

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    Nothing like keeping it simple!!
    And this just the money part.....

    https://immigrationbarrister.co.uk/family-partner-visa-financial-requirement-cash-savings/

    How is the level of cash savings calculated?
    In order to rely on cash savings, in part or in full, the minimum amount of savings you must hold is £16,000.

    The financial requirement for entry clearance/leave to remain applications under Appendix FM is set out in the Rules, and is listed on the online application forms, as £18,600 gross per annum, however cash savings are calculated to meet this amount using the following basic formula:

    (Amount of cash savings – £16,000) ÷ (the period of the grant of leave: 2.5 years) = must equal at least £18,600
    To rely solely on cash savings you will therefore need to show £62,500 in cash savings: (£18,600 x 2.5 + £16,000 = £62,500).

    If you hold less than £62,500 you may still partially rely on those savings, as long as they exceed £16,000, and make up the shortfall in other permitted sources of income, for example:

    If you hold £25,000: (£25,000-£16,000) ÷ 2.5 = £3,600. Requiring an additional £15,000 in another source of income, such as employment, to meet £18,600.

    If you hold £40,000: (£40,000-£16,000) ÷2.5 = £9,600. Requiring an additional £9,000 in another source of income to meet £18,600.

    The level of cash savings required will increase if there are additional dependent children, who are not British or otherwise settled in the UK . The minimum financial requirement increases by £3,800 for the first child and £2,400 for each further child. For example an applicant with two children will need to show £24,800, which using the formula above, will require £78,000 in cash savings.

    Who can hold the cash savings?
    Savings must be held by the applicant, their partner or by the couple jointly in a personal bank account or savings or investment account, provided that the funds can be accessed immediately (with or without penalty). You may use a combination of different personal bank accounts to meet the requirement, if savings are spread across multiple accounts. Please note the comments below on the particular restrictions on relying upon investment accounts.

    You cannot rely on savings held by a third party or family member except in a number of limited circumstances, as outlined in a previous blog post. In order to rely on any funds from a third party the funds must be transferred as an irrevocable gift and be held by the applicant/partner/couple jointly for the required period of time. A signed declaration is then required to confirm that the funds are under the applicant/partner/couple’s control, (that is they are not simply borrowed for the purpose of the application) and to confirm the source of the funds.

    The funds can be held in GBP or in another currency, provided that the level of funds did not drop below £62,500 in the relevant period using the closing exchange rate at the date of application, using the currency conversion rate published on Oanda.com.

    The funds can be held in a UK bank account or held in an overseas account, provided that they are held by a financial institution regulated by the appropriate regulatory body in that country.

    How long must cash savings be held?
    Savings must be held by the applicant/partner/couple jointly for at least 6 months prior to the date of application. Any bank statements provided must be dated no earlier than 28 days before the date of application. Failure to provide evidence of funds held for this period of time will mean the requirements are not met and the application will be refused.

    In addition, you may rely on savings that are the proceeds from the sale of property or the liquidation of investments as long as the assets were owned and/or held in the 6 month period prior to the date of application. Additional documents will be required such as proof of ownership, proof of sale, proof of payment for professional services and taxes, portfolio reports etc.

    Can I rely on savings held in an ISA or investment account?
    You can rely on an ISA or investment account provided that the savings can be immediately withdrawn. This includes any account where there may be a penalty to withdraw funds without notice. The Home Office Guidance confirms that this penalty should not be deducted from the level of savings held at the date of application.

    A stocks and shares ISA account would meet the definition of a savings account in Appendix FM. Whereas a brokerage account in which funds are used by stockbrokers to purchase shares for the account holder would not meet the definition. With respect to the latter, the required level of funds held in stocks and shares or bonds would need to be liquidated. Proof of ownership for at least the period of 6 months prior to the date of application, proof of the cash value of the funds in that form at or before the beginning of the 6 month period, and evidence of the transfer of funds into cash (through a portfolio report and bank statements) will then be required.

    Can you combine cash savings with other forms of income?
    You can combine cash savings with employment, whether salaried or non salaried, in order to make up any deficit in current gross annual income (Categories A and B). It can also be combined with non-employment income, such as rental income, dividends, maintenance payments, (Category C) and pension income (Category E).

    You also cannot combine cash savings with past employment under part 2 of Category B where they have been employed for less than 6 months and need to show that they meet the financial requirement over the 12 month period prior. Current cash savings in this case cannot be combined with past earnings. The rationale is that this does not provide an accurate picture of the financial resources available to the couple and allows income to be effectively counted twice.

    Cash savings cannot be combined with self-employment income (Category F) or income from employment as a director of a specified company (Category G), with the rationale similar to that outlined above and explained further in this previous blog post.

    With reference to the calculations set out above, there is some level of flexibility in meeting the financial requirement through multiple sources of income. However, care must be taken in preparing the application to ensure that this is outlined clearly and that all specified documents are provided.

    What specified evidence do I need to provide to show cash savings?
    You will need to provide personal bank statements showing that the cash funds have been held throughout the period of 6 months prior to the date of application and that the level of funds has not dropped below the required amount.
     
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  3. Garcia

    Garcia DI Senior Member

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    Of course you could just wait 2/3 years before Scotland gains independence and re joins the EU
     
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  4. OP
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    DAVE1952

    DAVE1952 DI Senior Member Showcase Reviewer

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    I don't know.
    Actually the annual income required to sponsor an Immigrant over to the UK has been the same for the last 12yrs £18,600, one of our respected members here on DI wrote to me only yesterday and told me this, an additional £3,800 is required for the first child, but in my case if I get my Son his passport before coming here then he is entitled to be here in UK and the additional 3.8K is not required, I believe? However it would not surprise me if there was to be a significant rise in the income required to bring a Foreign spouse over to UK, 12yrs ago it cost me around £300 a month to run my House and this has now jumped up to around £500 soon another £100 a month will be added to this as there is a massive rise in energy prices on the horizon.
     
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    DAVE1952

    DAVE1952 DI Senior Member Showcase Reviewer

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    I don't know.
    My Son is not yet 5yrs old not for a Nano second would I even consider to part him from his Mother.
     
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  6. john boy

    john boy DI Forum Luminary Highly Rated Poster

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    Just to be clear Dave, my reference to cost going up each year, was the charges for visa applications and eventually sitting the British Citizenship, which has doubled since my wife's applications.
     
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  7. OP
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    DAVE1952

    DAVE1952 DI Senior Member Showcase Reviewer

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    I don't know.
    Thank you anyway and also to Garcia and Cabb both providing useful information, I have read most of the Rules and Regs, I can see there is a good chance we can pull this off, my annual income was just scraping through until Garcia had mentioned it was based on gross income and not the net, which I was counting, so it would seem I am in quite a healthy position to bring my son and his mother over to UK providing she gets her Annulment, I think I mentioned? a lawyer who is a family member is dealing with this at this time, once that is done the next move will be to get my Son a Passport, I see no reason for this not to happen and if/when that is done it should be plain sailing after that? Haha, The English test for my partner may be an a small problem to her, her Grammar could be better? so I have asked her to study this and now when she writes me I correct everything I can, which I did not bother with before, I did try a couple of the tests myself and even I did not get them 100% if they had been in Scottish English I would have sailed through them.

    I do find it strange this figure of £18,600 being a gross annual income, when I was working there was around one third of my income taken away in various deductions, so I guess that a net income for a working man of say £12,600 around £1,050 per month is considered adequate for two people? I could not manage on such a low figure in my situation, to run my house which I own and is fully paid for is close to £500 a month and soon to be £600 plus with the pending rise in energy costs?
     
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  8. Dutchie

    Dutchie DI Senior Member Showcase Reviewer Veteran Army

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    Dave,
    I am not convinced that application for a UK passport for your son would need to wait until the annulment of his mother's previous marriage is finalized. As long as you are mentioned as the child's father on his birth certificate, it should be possible to start the passport application now. If you are not mentioned as the father on the birth certificate you might be in for a nasty surprise when trying to get a UK passport for your son.
     
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  9. OP
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    DAVE1952

    DAVE1952 DI Senior Member Showcase Reviewer

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    I don't know.
    Yes I am down as the Father on my sons birth certificate, my name is David James Denholm and his name is Alexander Paculanang Denholm, the middle name is his mothers maiden name, this I did not want but was told it had to be done? some time ago I had a Norwegian friend who had gone to Manila to his embassy in order to get his Daughter a Norwegian passport, now strange as this may seem a DNA test had to be done and the Swabs sent to Norway to be tested, this cost P30K, the strange part was, the test was done on the Mother and Child only but NOT the Father, the explanation for this given to me was to prove it was the mothers child and not some sort of ploy to get a child not related to them out of the country and into Norway, that friend has since died and Mother and Child are now in Norway together.
     
  10. Mike_Haddon

    Mike_Haddon DI Forum Adept

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