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Financial Requirements- Name on bank account

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danielled
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Financial Requirements- Name on bank account

Post by danielled » Wed Oct 29, 2014 5:22 pm

Hello,

My husband and I are one month away from filing our application to bring me to the UK from the US. I have the required £62,500 in cash savings (next month will be the 6th month with the total) in two bank accounts- one with my mother's name on it in addition to mine and one with my step-father's name in addition to mine. The account with my mother is held in both names so that if something were to happen to me while abroad, she would have access to my money. The money from my father was a gift for us to get the visa, but I couldn't open the account without his name too (as he liquidated an investment to create the account).

I spoke with an immigration attorney months ago regarding the additional names and he said it wouldn't be a problem as long as I was able to explain who and why the names were on the account. The guide to additional documents on the gov.uk website says the following in regards to the financial requirements:

"If you are providing documents from a joint account then please explain who the other account holders are, and why you have permission to spend money from the account"

However, I am still nervous that our application will be rejected because of my parent's names. I did not want to put my husband's name on the accounts for fear that his ex-wife would come after my money. We did not use my husband's income as proof because he owns his own business and cannot combine that income with my personal savings. As the money is held in US dollars, I wouldn't have been able to add his name without his presence in the States, which was not possible 6 months ago when we started 'the countdown'.

Does anyone have any experience with this situation or any advice/further knowledge for me? I can obtain letters from both banks stating the validity of my accounts, but I cannot get my parent's names off the account (I'm 26, btw, so not underaged).


Thank you in advance for your help

Danielle

Rayking
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Re: Financial Requirements- Name on bank account

Post by Rayking » Wed Oct 29, 2014 10:17 pm

7.4. Cash savings – further guidance 7.4.1. Savings must be held in cash in a personal bank/savings account in the name of the applicant, their partner or the couple jointly. The savings can be from any legal source, including a gift from a family member or other third party, provided the source of the cash savings is declared. The applicant and/or their partner must confirm that the money, which cannot be borrowed, is under their control and evidence that it has been held in their bank account for at least the 6 months prior to the date of application.
7.4.2. Savings can be held in any form of bank/savings account. This bank/savings account can be a deposit or investment account. Deposit accounts are usually easily identifiable. An investment account must also meet all of the other cash savings requirements to be considered as a bank/savings account for the purposes of the cash savings rules at paragraphs 11 and 11A(a).
As stated above,the rule says the money must be held in your name or partner's name,I haven't seen it being held by third party before like in your case.
I don't think that attorney understands the rule really.

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Casa
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Re: Financial Requirements- Name on bank account

Post by Casa » Thu Oct 30, 2014 9:41 am

I believe you may well have a problem. The Entry Clearance Office is likely to take the view that your parents could at any time as easily withdraw the money as you, leaving the accounts depleted.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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