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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Fri Feb 26, 2021 7:47 am

vinny wrote:
Fri Feb 26, 2021 12:50 am
Adequate maintenance and accommodation, etc., required.
Key rates 2019/20 are:
Income support rates for a:
single person under 25: £57.90 per week/£250.90 per calendar month

So this is my 15 year old daughters visa. (Non-British Child) so she has to have available no less than £250.90 per month for the entire 2 years of her visa? Am I understanding this correctly?

We are staying with my cousin in his 3 bedroom house. So adequate housing is a done deal. He lives alone. And is mortgage free. We will all have our own bedrooms. :)

Thanks again!

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by vinny » Fri Feb 26, 2021 8:34 am

I think they may consider your family unit as a lone parent plus a dependent child?
74.70+68.60 = 143.30?

Indefinite leave to enter or indefinite leave to remain
In these cases, decision makers should divide the figure for cash savings by 52 weeks (1 year) to arrive at a figure which can be used in the assessment. above, ‘How to assess adequate maintenance’. Example – The sponsor has savings of £3,000, divided by 52 weeks = £57.69

This means that £57.69 can be added to any weekly income received by the applicant or sponsor for the purpose of assessing adequate maintenance.
Without income, I think you may require at least savings 143.30 x 52 = 7451.60 + any annual accommodation costs?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Fri Feb 26, 2021 10:18 pm

vinny wrote:
Fri Feb 26, 2021 8:34 am
I think they may consider your family unit as a lone parent plus a dependent child?
74.70+68.60 = 143.30?

Indefinite leave to enter or indefinite leave to remain
In these cases, decision makers should divide the figure for cash savings by 52 weeks (1 year) to arrive at a figure which can be used in the assessment. above, ‘How to assess adequate maintenance’. Example – The sponsor has savings of £3,000, divided by 52 weeks = £57.69

This means that £57.69 can be added to any weekly income received by the applicant or sponsor for the purpose of assessing adequate maintenance.
Without income, I think you may require at least savings 143.30 x 52 = 7451.60 + any annual accommodation costs?
Perfect I think that is correct. We luckily have no accommodation costs. I will make sure that is explained. And provide enough evidence that we will be coming over with plenty over the 7451.60.

Thanks again Vinny!

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by vinny » Sat Feb 27, 2021 3:05 am

Double check on how long they expected you to have held the cash savings on the date of the application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Sat Feb 27, 2021 7:28 am

vinny wrote:
Sat Feb 27, 2021 3:05 am
Double check on how long they expected you to have held the cash savings on the date of the application.
That's the problem. I can't find that info anywhere. Which doesn't make sense but that's how it is. on the online app it said nothing about financial requirements. And then it doesn't' actually say anything on Appendix 1 either. (Not in the guidance or the paperwork)

Part 2 of Appendix 1 ask about the sponsors financial circumstances but it's just asking about job info (if there is), savings, if they receive public funds, etc. Asks if the sponsor has savings but there is no mention about how much they want you to have. No reference to anything specific.

Then it jumps to accommodation info in part 3...

It made mention of a "sponsorship undertaking" form but it specifically says on the form that "the sponsor giving this undertaking must be a resident IN the UK" which I am not currently.

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Sat Feb 27, 2021 7:41 am

vinny wrote:
Sat Feb 27, 2021 3:05 am
Double check on how long they expected you to have held the cash savings on the date of the application.


This is all I can find:

"Financial Requirements:
If the parent holds indefinite leave to remain or British citizenship, then the parent must be able to prove that they will be able to maintain and accommodate the child without recourse to public funds (i.e. without claiming benefits)."

But no chart no guidance. So I'm assuming the calculations that you helped me with before is what I should aim for.

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by vinny » Sat Feb 27, 2021 8:32 am

Cash savings
Specified cash savings may be used instead of or in addition to income in assessing whether the adequate maintenance requirement is met.

Paragraph 12B of Appendix FM-SE sets out the requirements, to which paragraphs 11 and 11A of Appendix FM-SE apply, where cash savings are relied upon in full or in part to meet an adequate maintenance requirement under Part 8. The level of cash savings relied upon must have been held by the person (or by them and their partner jointly) for a period of at least 6 months prior to the date of application and must be under their control.
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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Sat Mar 06, 2021 7:01 am

CR001 wrote:
Fri Jul 17, 2020 8:58 pm
Are you selecting appendix FM or the options below?
If they are not, you must fill in both:

the online application form
the Appendix 1 paper form
I need to ask your help again CR001?

I did the application. That went fine. When printed it simply says the visa is "Non-British Child" and in the specifications she falls under "Non-British child of a parent, or parents or relative who are British citizens".

Now appendix 1. I've filled that out also as it totally fits our situation. It says right at the top:

"You should complete this form if you wish to come to the UK as -
- The Non-British child of:
- a parent, parents or relative who are British citizens."

I felt like I've got it all. BUT then when my visa directed me to VFS GLOBAL it now says the visa category is "Settlement (adult or child)" and in the list of documents to scan it lists these things:

Accommodation: Permanent/Temporary
Educational evidence
Financial evidence
Additional documents
Appendix II
Consent letters and proof of relationship
Employment evidence
Sponsor Evidence
Tuberculosis (TB) Certificate

Is this just a generic list of documents to be scanned? I uploaded Appendix 1 because there is absolutely no way to use Appendix 2 (she isn't applying to go to the UK under any of the listed reasons at the top of the form.)

I am (yes again) freaking out. Her biometrics apt is in 16 days and I'm just so stressed out. I don't want to do anything wrong and get her visa denied. #help

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Tue Mar 09, 2021 4:51 am

Ok someone told me on reddit that:

"The document list is only advisory, sometimes covers a broader range of circumstances from your own, and is also sometimes completely wrong. Your child’s visa is indeed a “Settlement (adult or child)” visa, but this covers a wide range of circumstances with differing evidence requirements. Follow the recommended evidence for the route you’re actually applying for and you will be fine."

So I'm gonna stop stressing and just hope for the best.

I wish I could find other people who've done the same visa but it seems like there are very few posts if any.

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by vinny » Thu Mar 18, 2021 11:35 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by JB007 » Fri Mar 19, 2021 10:20 am

vinny wrote:
Thu Mar 18, 2021 11:35 am
See also Child benefits and tax credit.
The OP would have to wait 3 months before any benefits and some are two years.

Child Benefit. A 3 month wait for a British citizen moving to/back to the UK, but as the UK and Canada have an agreement, I wonder if, as a Canadian, there is a 3 months wait for Child Benefit?
https://www.gov.uk/child-benefit-move-to-uk

Tax Credit. That link on the welfare benefit Tax Credit, is out of date: that short lived welfare benefit ended. They are two of the low income, means tested welfare benefits, that have been replaced by Universal Credit. UC also has a 3 month wait and then pays 5 weeks in arrears. New claimants claim Universal Credit (if they can) and those already on the low income welfare benefits UC replaces, will have their benefits end in due course and then they can claim Universal Credit (if they can).

If you have savings, capital, a house you don't live in or land, in any country, and that is £16,000 or over, then there is no Universal Credit as there is a 16k cap. If the OP reduces her saviings to below 16k, without falling foul to the deprivation rule (disposing to claim means tested benefits) then she might have a claim. If looking for a house to buy, the DWP (who handle UC claims) might disregard her house sale money for a few months.

This might not apply to the OP as she might be planning on working full time.
However, UC is compeltly different rules to some of the benefits UC replaces and especially for the Tax Credit benefit. Unlike the short lived Tax Credit welfare benefit, where both parents didn't have to work, or only had to work 24 hours a week between them to get addionatal money given to them through the Working Tax Credit part, on Universal Credit both parents have to work, with at least one parent working full time.
https://www.gov.uk/universal-credit/you ... sibilities

A single parent with a child of over 12 years old claiming Universal Credit, is expected to work full-time: 35 hours a week at the minimum hourly wage is 35 x £8.91 = £311.85 (£16,216.20 a year). But as UC is a monthly claim, the monthly minimum amount earned would be £1,351.35 per month for a single parent.

Parent/s with a child claiming UC, have a UC work allowance, which is money the claimant can earn each month before there are deductions from the monthly Universal Credit amount at 63p in the £.

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by JB007 » Fri Mar 19, 2021 10:33 am

https://www.turn2us.org.uk/Benefit-guid ... de-content

Canada has a reciprocal agreement with the UK for Child Benefit, but I can't see one for the Universal Credit benefit.

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Wed Mar 24, 2021 2:21 am

So we did her biometrics yesterday. I gotta say how not comforting it is when the workers at VFS are confused by your visa. *head desk* But everything is on it's way to the UK now anyways...

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by vinny » Wed Mar 24, 2021 2:48 am

Good luck!

Unfortunately, many parts of the Immigration rules have become so complex, that it’s a wonder if anyone can understand them.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Wed Mar 24, 2021 4:36 am

vinny wrote:
Wed Mar 24, 2021 2:48 am
Good luck!

Unfortunately, many parts of the Immigration rules have become so complex, that it’s a wonder if anyone can understand them.

Thanks Vinny. I agree. I will definitely update with any info to help people doing this same visa! (Until they change it again...)

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Sat Jun 05, 2021 5:46 am

Just a short update.

We're on working day 50. Haven't heard anything since the day biometrics were done and VFS Global emailed me to say our stuff was forwarded to UKVI. (March 22)

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Mon Jun 21, 2021 2:59 am

Frustrating update.

On working day 58 (of 60!!!) I received the bull email that my case is "not straightforward" which from visiting many forums and seeing that many people have been getting that this last year as a way for UKVI to buy themselves more time. Doesn't mean anything about the case. UGH!

Monday June 21st will be now working day 62.

I've already contacted my MP who (amazingly) replied in 1 day! Not that I think it will do much I had to try something.

She is registered for school which starts Aug 15. We need to hurry up and get over there so we can get settled and learn the area before school starts.

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Thu Jun 24, 2021 5:39 pm

Day 65 today. Still no news. Very frustrated!

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Fri Jul 02, 2021 5:04 am

Now it's working day 71 and STILL no movement. Other than my MP being told they'll get back to him in 20WD and UKVI telling me it's been escalated and to WAIT 15 working days. This is beyond bull. :evil:

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Thu Jul 15, 2021 6:08 pm

Working day 80 now come and gone! :cry: :cry: :cry:

I am so freaking frustrated. Sheffield Escalations simply says "it's not straightforward" and basically just wait we don't want to hear from you. (Literally say replies to the email will be deleted)

My MP is still waiting for the answer to his request for information about WHY it's not straightforward. Tomorrow will be the 20th working day and they said they would respond to him in 20wd.

Not once has anyone with UKVI requested more information. I did lots of research and sent everything needed.

So literally WTF? :roll: :evil:

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by AmazonianX » Fri Jul 16, 2021 2:41 am

It's either there are things that needs to be confirmed before the decision is made or the mail is sent out to stave off not being able to meet up the service time for the application.
On various posts here people got approval afterwards some as soon as a week after the not straightforward email and some much longer.
Patience needs to be exercised.

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Fri Jul 16, 2021 10:30 pm

AmazonianX wrote:
Fri Jul 16, 2021 2:41 am
It's either there are things that needs to be confirmed before the decision is made or the mail is sent out to stave off not being able to meet up the service time for the application.
On various posts here people got approval afterwards some as soon as a week after the not straightforward email and some much longer.
Patience needs to be exercised.
Well again they have no once asked me for any other information. And from 58 (email) to 81 (today) is already way too long. Extra frustrating is others who applied the same day (March 25) have received theirs and I'm still waiting. With no understanding as of why. My MP isn't even getting a response about why it's "not straightforward".

Patience is an unacceptable expectation IMO when they are already more than a month over service standards. They also won't allow me to ask anything...their email literally says "DON"T REPLY TO THIS UNLESS REQUESTED. ALL REPLIES WILL BE DELETED". That's horrible service.

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Mon Jul 19, 2021 6:54 am

AmazonianX wrote:
Fri Jul 16, 2021 2:41 am
It's either there are things that needs to be confirmed before the decision is made or the mail is sent out to stave off not being able to meet up the service time for the application.
On various posts here people got approval afterwards some as soon as a week after the not straightforward email and some much longer.
Patience needs to be exercised.
Didn't mean for my reply to sound so aggressive. Sorry about that. I'm just incredibly frustrated if you can't tell.

Today is working day 82. Hoping we hear something...

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by AmazonianX » Mon Jul 19, 2021 7:00 am

hlassell wrote:
Mon Jul 19, 2021 6:54 am
AmazonianX wrote:
Fri Jul 16, 2021 2:41 am
It's either there are things that needs to be confirmed before the decision is made or the mail is sent out to stave off not being able to meet up the service time for the application.
On various posts here people got approval afterwards some as soon as a week after the not straightforward email and some much longer.
Patience needs to be exercised.
Didn't mean for my reply to sound so aggressive. Sorry about that. I'm just incredibly frustrated if you can't tell.
It's OK I can tell, trust me. You will go through range of emotions and mood, only wished it can make getting the outcome quicker.

Today is working day 82. Hoping we hear something...

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Re: I’m British by descent my daughter is Canadian and we are planning to move to Scotland 2021

Post by hlassell » Mon Jul 19, 2021 7:07 pm

AmazonianX wrote:
Mon Jul 19, 2021 7:00 am
It's OK I can tell, trust me. You will go through range of emotions and mood, only wished it can make getting the outcome quicker.
Thanks. Yeah I sure do wish it helped. No news again today.

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