Maintenance fund (£630)

[Sid51472]

Hi

I am new to this forum and I am hoping someone can offer some help and guidance. I got married in March 2012 and my wife came over to the UK on the spouse visa in January 2013. Unfortunately our relationship broke down and she left the UK in May 2013. This was after 4 months of her arrival to the UK.

After that I Informed the HO about our separation and also notified them that she is not my dependent anymore. At that time there was no formal postal address available for such cases – I think but am not sure - (particular the UKVI Marriage Curtailment Team), I sent a letter to the UKBA, Lunar House, Croydon office. However, in a letter I have provided my details as well as the required details of my ex-wife, which included - the HO reference number, name, passport number etc.

Later on, I divorced her back home (as per the law of that country) in 2014. Our marriage was never registered in the UK and she was not in the UK at that time, so I didn’t conduct any divorce proceeding here in the UK.
I recently received my immigration history from the UKVI (requested through SAR), but surprisingly no curtailment letter found along with the other documents. This might means that the UKVI had completely ignored the curtailment letter and hadn’t bothered to attach it to my immigration history and also my ex-wife is still being considered as my dependent. Though she left the UK a long time ago and her visa also expired a few months after her departure.

I have recently got married again and want to apply for a dependant visa for my wife, I fear that the UKVI will reject her visa application by assuming that my ex still is still with me…
My questions are:
1) Do I need to inform the UKVI again about the separation with my ex-wife and send a letter particularly to the Marriage Curtailment Team, otherwise they might reject the visa application for my wife? I have no receipt of the recorded delivery as this happened more than 5 years ago?
2) How can I prove to the UKVI that I informed them in 2013?
3) Do I need to attach the curtailment letter with the visa application for my wife?

[CR001]

I recently received my immigration history from the UKVI (requested through SAR), but surprisingly no curtailment letter found along with the other documents. This might means that the UKVI had completely ignored the curtailment letter and hadn’t bothered to attach it to my immigration history and also my ex-wife is still being considered as my dependent. Though she left the UK a long time ago and her visa also expired a few months after her departure.

Why would a curtailment letter notice be on YOUR SAR. It won't. It would be on HER SAR as it relates to HER not YOU.

1) Do I need to inform the UKVI again about the separation with my ex-wife and send a letter particularly to the Marriage Curtailment Team, otherwise they might reject the visa application for my wife? I have no receipt of the recorded delivery as this happened more than 5 years ago?

You simply need to attach evidence that you were free to marry again, i.e. divorce decree.

2) How can I prove to the UKVI that I informed them in 2013?

There is NO requirement to prove this.

3) Do I need to attach the curtailment letter with the visa application for my wife?

NO!!

[Sid51472]

Thank you for your help @CR001

[Sid51472]

Hi Folks

Need expert advice please.

I hold a Tier 2 (general) visa and its my 3rd year on this cat. My wife is applying SEPARATELY on my dependant visa soon.

My question is regarding the Maintenance fund (£630), for the continuous 90 days.

Can I show MY Bank statement to satisfy maintenance requirement (£630), for My dependant, if you have held enough money for 90 days?

OR

She Must have £ 630 in her own account to show that she meets Maintenance requirement.

As she is not applying with me so the guidance says in the paragraph 79, 83 regarding the "family member of a Tier 2 Migrant" says

79: You must have £630 to support yourself.

83: If you apply separately from the main applicant you will need to have the necessary funds to meet
the maintenance requirement or have a written undertaking from an A-rated Sponsor, unless the
main applicant already had leave in a Tier 2 category and when applying for their most recent period of Tier 2 leave was not required to show evidence of satisfying maintenance requirements.

https://assets.publishing.service.gov.u ... 1-2019.pdf

Many thanks

[CR001]

Thought you were looking at a spouse visa not a tier 2 dependent visa or are you asking for other people??

immigration-for-family-members/dependan ... l#p1751042

[CR001]

For a tier 2 dependent, you can use EITHER of your accounts.

[Sid51472]

Thanks @CR001 for your reply.

I am asking for my wife as she is going to apply as a Tier 2 dependant.

Am i missing something important?

[CR001]

Am i missing something important?

You posted your previous query in the Family Immigration (non PBS sub forum), indicating you hold either ILR or BC your previous wife had come on a Spouse visa (not a PBS Dependent visa) and that you now want to sponsor a spouse on spouse visa. Note a Spouse visa is a specific visa category and is not a PBS dependent visa.

[Sid51472]

Thank You @CROO1, your explanation is really helpful.

I am really sorry for that, I were a new member, it was a mistake to post my query in the family immigration section of this fourm.

@CR001, I am on Tier 2 General visa. Is it right that my wife has to apply on the dependant visa category?

Did your answer to my previous query will be different if I am on Tier 2 visa?

[CR001]

@CR001, I am on Tier 2 General visa. Is it right that my wife has to apply on the dependant visa category?

Yes, it is the only dependent visa she can apply for (tier 2 dependent).

Did your answer to my previous query will be different if I am on Tier 2 visa?

No different.

[Sid51472]

Thank You.

Best Wishes