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please advise...to all you great minds -settlement visa

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madegal
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please advise...to all you great minds -settlement visa

Post by madegal » Thu Jun 10, 2010 4:07 pm

my husband(in nigeria) will be making an application soon in july iam british, i have known him since 1998 however did not start dating till october 09 and got married december 09

i have only just started working full time in march and by the time he put his application in i will have saved 1300, he on the other hand has 2500, will this be enough for the eco to grant him a visa

i curently earn 650 every forthnight ...get paid forthnightly

i am also hoping at being present at the interview my travel dates are from 14 of july to 4 of august if submited during my arrival how long will it take before he is called for an inteviw

also as of last year was on jobseekers this was only fr 4weks and was housing benefits but this has since being cancelled in april will this hinder our aplication


I live in a onebedroom flat and my sister currently lives with me but will be going to uni soon how do i proof this to the eco :D

HRY2005
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Re: please advise...to all you great minds -settlement visa

Post by HRY2005 » Thu Jun 10, 2010 5:33 pm

madegal wrote:
also as of last year was on jobseekers this was only fr 4weks and was housing benefits but this has since being cancelled in april will this hinder our aplication

I live in a onebedroom flat and my sister currently lives with me but will be going to uni soon how do i proof this to the eco :D
If you have not been on benefits in at least the last 3 months to the application, he 'll be ok. Your 1 bed flat would be ok if its just you on the flat as your sister would be leaving for Uni.

Not really think there's a specific amount that you need to save but must be substancial (I would suggest anything in excess of £2000). Your husband's money might help but not really important because you are the sponsor, you need to prove your fitness in sponsoring your husband to the UK.

Going through this might help
Live and let live

djb123
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Re: please advise...to all you great minds -settlement visa

Post by djb123 » Thu Jun 10, 2010 7:17 pm

HRY2005 wrote:Your 1 bed flat would be ok if its just you on the flat as your sister would be leaving for Uni.
Worth reading this..

http://www.immigrationboards.com/viewtopic.php?t=6227

Assuming your flat has a living room too which is larger than 50 sq feet then even if your sister is still there it wouldn't be a problem.

djb123
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Re: please advise...to all you great minds -settlement visa

Post by djb123 » Thu Jun 10, 2010 7:22 pm

HRY2005 wrote:Your husband's money might help but not really important because you are the sponsor, you need to prove your fitness in sponsoring your husband to the UK.
That's not true as they are a couple, so what is his is hers (but not usually the other way round...).

HRY2005
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Re: please advise...to all you great minds -settlement visa

Post by HRY2005 » Thu Jun 10, 2010 8:08 pm

djb123 wrote:
HRY2005 wrote:Your husband's money might help but not really important because you are the sponsor, you need to prove your fitness in sponsoring your husband to the UK.
That's not true as they are a couple, so what is his is hers (but not usually the other way round...).
I agree with you but the ECO would not be looking at the requirements from that angle (husbands savings) but from the sponsor's ability to meet the requirements as a sponsor.
Live and let live

djb123
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Re: please advise...to all you great minds -settlement visa

Post by djb123 » Thu Jun 10, 2010 8:46 pm

HRY2005 wrote:
djb123 wrote:
HRY2005 wrote:Your husband's money might help but not really important because you are the sponsor, you need to prove your fitness in sponsoring your husband to the UK.
That's not true as they are a couple, so what is his is hers (but not usually the other way round...).
I agree with you but the ECO would not be looking at the requirements from that angle (husbands savings) but from the sponsor's ability to meet the requirements as a sponsor.
No the ECO wouldn't - the actual requirements says "you can support yourselves and any dependants without any help from public funds", it doesn't say the sponsor has to support the applicant. By sponsor it doesn't necessarily mean financial sponsor.

(The application form actually asks for savings held by both the applicant and the sponsor.)

HRY2005
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Re: please advise...to all you great minds -settlement visa

Post by HRY2005 » Fri Jun 11, 2010 9:02 am

djb123 wrote: No the ECO wouldn't - the actual requirements says "you can support yourselves and any dependants without any help from public funds", it doesn't say the sponsor has to support the applicant. By sponsor it doesn't necessarily mean financial sponsor.

(The application form actually asks for savings held by both the applicant and the sponsor.)
While I understand what the requirements are, I would say there's no point in confusing the OP. The next requirements to the one you quoted says "you have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds" http://www.ukvisas.gov.uk/en/howtoapply ... artners#Q2

So my questions to you are
1. Are you saying a spouse visa application would be refused where the applicant is unemployed and have no savings?

2. The accomodation requirement above (by your judgement) would mean the applicants must also provide proofs of his own accomodation for himself and any dependants? (as sponsors does not necesarily mean accomodation sponsor)

While there's nothing in my earlier posts that disagree with the applicants' ability to show proves of some employment, income and savings as required by part 5 of the application form VAF4, what I was saying was the ECO might not (and would not) focus on the applicant's savings but the sponsors' which you seems to agree with, so why confuse the OP?

This is a direct quote from the UKVISAS website guide on supporting documents http://www.ukvisas.gov.uk/en/howtoapply ... rtners#Q13.
"Recent bank statements or savings books for your sponsor and evidence of your sponsor's employment in the UK, which could include payslips to show what financial support you have"

"Evidence of your accommodation, such as a mortgage agreement or rental agreement, and evidence that you and your dependants can stay in this accommodation if it is rented or provided by your local authority"

Nothing was mentioned about applicant savings and proofs of income even though the form ask for it (that explains where the focus is, "the sponsor")

I dont think you can lecture me on the meaning of the word"SPONSOR" under the immigration rules, thanks anyway.
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Kitty
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Post by Kitty » Fri Jun 11, 2010 2:06 pm

HRY2005, The OP's husband's savings will be taken into account, because as djb123 says, it is the couple's ability to support themselves that is at issue. It's not really comparable to accommodation because money is portable; a home generally isn't.

The Immigration Rules themselves state:
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds
The ECO should not consider an applicant's savings as being somehow less "real" or carrying less weight than those of the sponsor (unless there is actually some question over their genuineness or availability). The OP should make sure that her husband can provide good evidence that he has access to the savings referred to (letter from his bank, original statements etc.).

To the OP: after your rent and council tax is paid, how much money do you have left per week? The rule of thumb is that income above Income Support level (i.e. around £105 for a couple - perhaps someone more expert can provide the correct figure) should be adequate for maintenance.

If your husband intends to work when he gets to the UK, he should include any qualificaitons or experience with his application, and examples of job vacancies that you have looked at in the UK for which he would be suitable. All this will help satisfy the ECO that you will be able to support yourselves.

HRY2005
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Post by HRY2005 » Fri Jun 11, 2010 3:32 pm

Kitty wrote:HRY2005, The OP's husband's savings will be taken into account, because as djb123 says, it is the couple's ability to support themselves that is at issue. It's not really comparable to accommodation because money is portable; a home generally isn't.

The Immigration Rules themselves state:
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds
The ECO should not consider an applicant's savings as being somehow less "real" or carrying less weight than those of the sponsor (unless there is actually some question over their genuineness or availability). The OP should make sure that her husband can provide good evidence that he has access to the savings referred to (letter from his bank, original statements etc.).

To the OP: after your rent and council tax is paid, how much money do you have left per week? The rule of thumb is that income above Income Support level (i.e. around £105 for a couple - perhaps someone more expert can provide the correct figure) should be adequate for maintenance.

If your husband intends to work when he gets to the UK, he should include any qualificaitons or experience with his application, and examples of job vacancies that you have looked at in the UK for which he would be suitable. All this will help satisfy the ECO that you will be able to support yourselves.
Thank you Kitty, I agree with that but that's not really the basis of my disagreement with djb123.

If you go through all my earlier comments, there's no place where I disgaree with effects of the husbands savings but all I am saying is that ECO would focus more on the sponsor (as we have seen from experience)

If I want to agree with what you are saying, I can as well say that if the sponsor is not working and have no savings but the applicant can prove he's got lots of money, it would be ok?

How many people had been refused because of sponsor's not being able to prove solid income and savings? I have a practical example of what I 'm talking about and the applicants' bank statement was not considered.

All I 'm saying is the OP and her husband should prepare their application properly and not give rooms to ECOs' excesses by depending on her husband's savings. The supporting documents guide as quoted earlier SPECIFICALLY mentioned the sponsor's employments and bank statements.

Money is portable but housing is not!!! really? I'm only trying to let you compare the rules and how ECO's uses them as well as the onus on the sponsor not the portabilty of money.

I rest my case.
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Kitty
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Post by Kitty » Fri Jun 11, 2010 4:02 pm

HRY2005 wrote: Thank you Kitty, I agree with that but that's not really the basis of my disagreement with djb123.

If you go through all my earlier comments, there's no place where I disgaree with effects of the husbands savings but all I am saying is that ECO would focus more on the sponsor (as we have seen from experience)
It all depends on the circumstances. I don't think it's a question of saying that the ECO will "focus more" on the sponsor: it's just that in most cases, the sponsor is the one whose income can be more readily supported with evidence.

But if the sponsor is on benefits but the applicant is a graduate with a big fat wedge of savings in the bank, or income from overseas property etc., then the couple should not have a problem in fulfilling the Rules in terms of maintenance.
If I want to agree with what you are saying, I can as well say that if the sponsor is not working and have no savings but the applicant can prove he's got lots of money, it would be ok?
Basically, yes, it may well be.
How many people had been refused because of sponsor's not being able to prove solid income and savings? I have a practical example of what I 'm talking about and the applicants' bank statement was not considered.
So do I, but it happens mainly in cases where the applicant's bank statements weer not considered genuine, or there was some other question as to the actualy availability or sufficiency of the applicant's own claimed funds.

If you mean that the ECO has said "yes, I can see you have £100,000 in the bank, but frankly because your wife in the UK isn't earning, then you are refused", then I think the ECO is wrong and an appeal woudl stand a good chance.
All I 'm saying is the OP and her husband should prepare their application properly and not give rooms to ECOs' excesses by depending on her husband's savings.
Of course. And in the OP's case, the applicant's savings of £2,500 are unlikely to be enough on their own to prove adequate maintenance anyway. But neither should the ECO treat them as somehow being less available to the couple.

madegal
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Post by madegal » Sat Jun 12, 2010 7:44 am

Thanks to all who replied..in response to questions posed ..i am currently working full time my bills total to about £550.. I am not receiving any benefits at the moment. Once again thank you so much for the information given.

billo
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Post by billo » Sat Jun 12, 2010 10:48 pm

please see the following:

MAA5 What evidence of maintenance is required?

For applicant's and / or sponsor's funds
:

* Statements covering at least 3 months
* Are there regular transactions?
* Are the funds immediately available?
* Large deposits with no evidence of normal transactions need careful examination.



from the ukvisas website. It looks as if applicants finances are also considered. So the savings the OPs partner has will also be counted, so i would include evidence of this.

OP, you say your bills total £550, what amount are you left with each month?

madegal
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Post by madegal » Sun Jun 13, 2010 6:27 am

...bearing in mind i get paid every fortnight ...at the end of each week about 300

billo
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Post by billo » Sun Jun 13, 2010 6:26 pm

if you have £300 per week remaining after living expenses then that is more than enough. Basically you need to have the equivalent of what a couple would receive in income support, which is around £105 per week, remaining after you have taken living expenses into consideration.

you could draw up a budget showing your income and outgoings, and if that leaves £300 per week than your laughing :D

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