Cash Savings for Spouse Visa

[Amoona]

Hi,

I was going to apply for fiance visa my fiance is in dubai and he had cash savings from past 5 months this month, his company started cancelling visas of everyone and he had to change job to another company.his visa got cancelled as well and he was told to leave country in 28 days or find new job. From his new company they asked him to go to Pakistan and they will send him visa so once his visa was cancelled his bank automatically cancelled his credit cards and he had to take money out of his bank and transferred it to his brothers account bcz once his visa was cancelled he could not get his own money out without visa. But his new company said after sometime no need to go to pakistan and they changed his visa. And he put that money in his account again reopened his account with new company name. Now this suppose to be 6th month. But solictor told us that we can not apply bcz he took money out I mean we cant get refusal for this tiny reason. And it is not something he did himself. Please advice us.

[Casa]

Your solicitor is correct and has given you good advice. This isn't a 'tiny reason' for refusal. It's mandatory for the full funds to be in your husband's account for the full 6 month period prior to submitting the visa application.

[Obie]

If they are able to show the history of the funds, and the circumstances as they have, then i don't think they will need to wait again.

It is a straight forward matter. The funds had been there, it was taken out because of the circumstances in Dubai, but once the situation changed, it was put back.

It is not in all situation that the funds are required to be held for 6 months, for example, where cash from investment or bonds are withdrawn or where a person sold property, and saved the funds, they do not strictly have to wait for 6 months.

[Casa]

Unless I'm persuaded otherwise, I think we may have to agree to disagree on this Obie.

My understanding is that when savings are used to meet the financial condition (not investments/bonds or property sale funds), they must have been held by the applicant, their partner or jointly under their own control for a minimum of six months prior to the date of application.

If the funds were held by the brother for part of the 6 month qualifying period, they weren't under the control of the sponsor, partner or jointly during this time.

[Obie]

Unless I'm persuaded otherwise, I think we may have to agree to disagree on this Obie.

My understanding is that when savings are used to meet the financial condition (not investments/bonds or property sale funds), they must have been held by the applicant, their partner or jointly under their own control for a minimum of six months prior to the date of application.

If the funds were held by the brother for part of the 6 month qualifying period, they weren't under the control of the sponsor, partner or jointly during this time.

I am not saying you are wrong, on a strict reading of the wording of the rules before the Supreme court ruling, you are very correct Casa, but the decision of the Supreme court indicates that greater flexibility ought to be showed, so long as there is clear evidence that there is no fraud, and every funds relied upon are legitimate, and evidence can be provided to that effect.

Please, don't for a minute think i am not showing deference to the correct views you expressed on a reading of the UKVI policy.

What you said is very correct within the rules.

But under 21A of Appendix FM(SE) the OP is very likely to succeed, and therefore it is my view that the lawyer did not quite give the full picture.

Section 10 of the Guidance also make things very clear.