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nikkd
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by nikkd » Mon Sep 16, 2019 6:00 pm
A bit of background about my situation.
I have lived abroad for 16 years with my wife and we have a 15 yearold Son who has British citizenship. Both my Son and I moved back to England last year and my wife came to the UK for 5 months on a toursit visa.
I want to apply for a settlement Visa for her but I am not currently working in the UK as I am travelling back and fourth abroad trying to sell the house abroad. Now I have a buyer who has given me 50,000GBP's deposit.(There is more to follow in ther new year) Which on its own would not be enough to satisfy the for 62,500GBP's savings. I have another 30,000GBP's in the same savings bank which has only been in my account for 4 months.
So the question is:
1.) Do I need to wait another 2 months untill the extra 30k savings have been in for 6 months?
My other thought would be, shall I bring my wife over again on a tourist visa for 6 months, of which time more money from our house sale would be deposited in my bank.
And question 2:
2.) Can we apply for a settlement visa within the UK if she is here on a tourist Visa. Or would she need to fly back and apply from abroad?
Thanks in advance for taking the time to read this and any advice is greatly appreciated.
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Casa
- Moderator
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by Casa » Mon Sep 16, 2019 6:08 pm
nikkd wrote: ↑Mon Sep 16, 2019 6:00 pm
A bit of background about my situation.
I have lived abroad for 16 years with my wife and we have a 15 yearold Son who has British citizenship. Both my Son and I moved back to England last year and my wife came to the UK for 5 months on a toursit visa.
I want to apply for a settlement Visa for her but I am not currently working in the UK as I am travelling back and fourth abroad trying to sell the house abroad. Now I have a buyer who has given me 50,000GBP's deposit.(There is more to follow in ther new year) Which on its own would not be enough to satisfy the for 62,500GBP's savings. I have another 30,000GBP's in the same savings bank which has only been in my account for 4 months.
So the question is:
1.) Do I need to wait another 2 months untill the extra 30k savings have been in for 6 months?
YES
My other thought would be, shall I bring my wife over again on a tourist visa for 6 months, of which time more money from our house sale would be deposited in my bank.
And question 2:
2.) Can we apply for a settlement visa within the UK if she is here on a tourist Visa. Or would she need to fly back and apply from abroad?
Not possible in the UK as a visitor. Your wife can only apply from her country of residence.
Thanks in advance for taking the time to read this and any advice is greatly appreciated.
(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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seagul
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by seagul » Mon Sep 16, 2019 7:27 pm
Also remember that cash savings from the sale of property doesn't require to be held for 6 months provided the application is being made within 6 months since the sale of property.
Funds held as cash savings by the applicant, their partner or both jointly at the date of
application can be from the proceeds of the sale of property within the period of 6
months prior to the date of application, provided that:
(i) The property was in the form of a dwelling, other building or land.
(ii) The property (or relevant share of the property) was owned by the applicant, their
partner or both jointly at the beginning of the 6 month period prior to the date of
application.
(iii) The funds deposited as cash savings are the net proceeds of the sale, once any
mortgage or loan secured on the property (or relevant share of the property) has
been repaid and once any taxes and professional fees associated with the sale have
been paid.
(iv)If the ownership of the property was shared with a third party, only the proceeds of
the sale of the share of the property owned by the applicant, their partner or both
jointly may be counted.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.
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nikkd
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by nikkd » Tue Sep 17, 2019 2:03 am
thats the thing only 50k is from sale of the property. the rest is my saving but hasn't been in the UK bank 6 months yet, that was my 1st question
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seagul
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by seagul » Tue Sep 17, 2019 3:48 am
nikkd wrote: ↑Tue Sep 17, 2019 2:03 am
thats the thing only 50k is from sale of the property. the rest is my saving but hasn't been in the UK bank 6 months yet, that was my 1st question
Once your 30K cash saving gets 6 months older then combine it with cash savings (£50000) from sales proceeds to meet the requirement. Also savings can be in foreign bank account too instead just UK bank account account only.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.
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nikkd
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by nikkd » Thu Nov 21, 2019 6:49 pm
Hello,
My Wife received this email today regarding here settlement visa.
The UK Decision Making Centre is currently assessing the application submitted by the above named. We are unable to conclude the application at this time as we require additional information.
Please provide the following documents:
- Your sponsor's divorce certificate and translation if required
- Proof of ownership of the property you sold in Thailand and any translations if required
Please send this document as a scanned attachment within 10 working days
I already submitted my divorce certificate with my application, so I don't understand that? Unless it was because I was married abroad and divorced in the UK? Would I need a divorce certificate from the Country I originally got married? If so I am screwed.
And the proof that I owned the house. That's a tricky one too because foreigners are not allowed to own property in the country that I lived. So I had to open a shelf company and buy the property via the company as an asset that I was the Director of.
Its all a bit over the top as we have been together for 17 years and married for 13 years and have a 15 year old Son. Both my Son and I are now in the UK trying to get Wife/Mother here. Its not as if we met a few months ago.
Any thoughts advice please?