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FLR and mortgages

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kayac00
Newly Registered
Posts: 23
Joined: Tue Oct 29, 2002 1:01 am
Location: northern ireland

FLR and mortgages

Post by kayac00 » Wed May 19, 2004 5:52 pm

hi everyone

my hubbie is on FLR spouse visa valid to oct 2005 he is citizen of Romania.

Anyway we are both working and since coming back to Northern Ireland in May last year we have been staying with my mum. Well anyway now we have seen a house we went talked to the mortage advisor we qualify for a mortgage but the problem is no lender seems to understand Alecs FLR visa it states on his letter from the home office that he has to apply for ILR one month before expiry of FLR but all the lenders see that once october 2005 comes Alec spouse visa is exempt ..grrrrrrr

Did anyone else have this problem is it impossible to make lenders understand that almost all married couples have a 2 year probationary period then a permanent visa?

did any couple suceed in gettig a mortgage and who with?

anyway thanks for listening

kay

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Wed May 19, 2004 6:15 pm

Kay,

Any relation to one of our moderators here (Kay..lami)?

I think the situation may be slightly different in Northern island compared to mainland UK.....

...however, if mentioning that your hubby is Romanian is creating problems ..then dont mention it!! If they want photographic identity - then show them his driving licence.

If you have a good credit rating, good job etc...banks should sort you out istantly...dont forget, it does help sometimes to be economical with the truth..

Try several banks and see what they say...Presumably you are the main applicant (in terms of wage calculations)...let us know how it goes...

As soon as you get on the property ladder, I will have a pint of Guiness on your behalf :)
Where there is a will there is a way.

kayac00
Newly Registered
Posts: 23
Joined: Tue Oct 29, 2002 1:01 am
Location: northern ireland

Post by kayac00 » Wed May 19, 2004 8:17 pm

hi Chess

thanks for the reply..

yeah i know things are a little different here in Northern Ireland not as many bank building societies to choose from and not as many visa immigrants so the officials tend not to understand..

no relation to Kaylami but have had the benefit of his wisdom in the past :)

anyhoo our mortgage adviser said Alec being romanian citizen is OK but we have his UK driving liscense for proof of ID its just they dont understand how FLR works:)

In terms of money Alec earns a hell of a lot more than me so we need a joint mortgage otherwise we would still be living with mum for the next century on my wages alone!! but we are hoping to hear some good news on the mortgage front positive thinking and all that :)


i will also have a few guinesses when we get this mess sorted mmmmmmmmm guiness and blackcurrant juice lol :)

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Wed May 19, 2004 8:26 pm

Hello there,

I am sorry to hear about the problem you and your husband are facing.

I would suggest the following

1- Change your mortgage advisor. It seems that the problem starts from him/her as he/she is unable to explain the situation to the mortgage company.

2- Try to go your self to the mortgage lender and meet with them. If they mentioned that they can not lend you because of your husband's visa, insist to speak to the legal department.

Show them the immigration law. Please go to this link http://www.ind.homeoffice.gov.uk/defaul ... ageId=3204 and print Para 277 to 289 and highlight Para 287

In addition to the home Office's letter,ask their solicitor to read Para 287 which will be applicable to your husband in the future. .

You can argue your point as follows:

The mortgage company (say Halifax) does not understand the law because my husband will be a permanent resident according to the rules.

If you are saying to me there is no guarantee, how can you guarantee that these couples that you have just given them mortgage will not be divorced next year? Or one of them loses his job and become unable to pay. You are lending us to buy a house. We are not going to run away with your money. If we do not pay, of course you will take your legal action to sell the house and take your money back.
From a legal point of view you have no grounds to refuse our application to a mortgage on the basis of an imaginary expected refusal of my husband’s application for ILR (Indefinite Leave to Remain)

If their solicitor said I am sorry I am not an immigration lawyer. Ask him strait away do you accept a letter from an immigration lawyer?
If he said 'yes'
Please see an immigration lawyer and ask him to write a letter explaining Para 287 of the immigration rules; in a way which would be acceptable to a mortgage company.

3- Try to look to the whole picture and be realistic. Go for a small house with the least mortgage if you can. Once you are on the ladder do whatever you want.

4- See chess's advice above. It is a good one 8) .

Good luck :) .
Last edited by tdabash on Fri May 21, 2004 12:56 am, edited 2 times in total.

kayac00
Newly Registered
Posts: 23
Joined: Tue Oct 29, 2002 1:01 am
Location: northern ireland

Post by kayac00 » Wed May 19, 2004 8:36 pm

yeah we plan to see more than one advisor it just frustrates us that the lenders here are ignorant to our needs.

yes chess advise was good we have a good credit rating our bills are always paid on time so is our car .. just feel we have hit a brick wall in terms of mortgage because there is no way in hell i can get a mortgage just on my salary damn mimimum wage lol!!

thanks for the helpful advise tda bash i will use this for our next appointment tommorrow with another advisor.

buying a smaller house is not really an option Northern Ireland is experiencing a property boom so we need as much as we can get :)

thanks for listening kay

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Wed May 19, 2004 10:48 pm

Kay,

Thank you for your response.

It seems that Northen Ierland is slightly different than South of England :lol: .

You now know the law and your legal argument.
I am sure you will be a winner.Please keep us updated

Good luck tomorrow :) .

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