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Chinese Wife denied Settlement; Advice for Appeal!!!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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peterhent
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Joined: Sat Aug 15, 2015 3:18 pm

Chinese Wife denied Settlement; Advice for Appeal!!!

Post by peterhent » Sat Aug 15, 2015 3:38 pm

Hello all.

I am a British National (expat) living in China with my wife of 1 year. She was refused her settlement visa for the financial requirement only. We have well over £62,500 of our own money in several funds and accounts for well over 6 months. We were rejected because:

1. Our Bank savings account has sub-accounts, our paperwork did not confirm how long the funds were there for. (we can correct this with statements)

2. Other money is in our Alipay account (like PayPal) which has investment fund called Tian Hong Asset. As it behaves just like PayPal, our funds are always immediately available, but apparently "don't meet the requirements of Appendix FM-SE for funds to be considered as cash savings."

Does anyone know if we can update the above information on appeal? We can get the Alipay funds into cash within a day.

Many thanks!

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Chinese Wife denied Settlement; Advice for Appeal!!!

Post by vinny » Sat Aug 15, 2015 3:57 pm

5.2 Additional evidence is permitted at appeals.
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.

peterhent
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Posts: 2
Joined: Sat Aug 15, 2015 3:18 pm

Re: Chinese Wife denied Settlement; Advice for Appeal!!!

Post by peterhent » Sat Aug 15, 2015 4:12 pm

vinny wrote:5.2 Additional evidence is permitted at appeals.
Thanks, Vinny.

My main concern is that they have stated Alipay is a fund, and our money is not cash and 'immediately accessible'. The second point is not true, we can access our savings here within 1-2 days. Mobile transfers are within 1-2 hours.

Does anyone know if we can move our money from Alipay to a bank account ('cash') for the purposes of appeal?


Thanks!

Obie
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Location: UK/Ireland
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Re: Chinese Wife denied Settlement; Advice for Appeal!!!

Post by Obie » Sat Aug 15, 2015 7:53 pm

If the funds in Alipay account is immediately accessible then it qualifies.

My paypal account is immediately accessible, so i believe the decision was questionable.
Smooth seas do not make skilful sailors

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