Joint Bank Account problems with ILR ?

[krssubbu]

Hi,

My wife and baby are on ILR dependant visa (pre july 2012 rule). They obtained their depedant visa in May 2012.

I have a limited company and my wife is a director. So i pay my salary into my personal account but can i pay her salary into a joint account ? will this be a problem with ilr ? the reason i am asking is because on the bank statements it does NOT show the payment goes to her - just says company name. So how will i be able to prove the payment has gone to her if it is a joint account (i mean it could be to me also, isnt it) ?

Please let me know your thoughts ?

Thanks

[xpscapable]

You have ILR what does any of these matter anymore?

There's no immigration restriction once you're on ILR.

[krssubbu]

yep i am not worried about mine. Just need to process ILR visa (2 year rule) for my family. so asking ?

[xpscapable]

yep i am not worried about mine. Just need to process ILR visa (2 year rule) for my family. so asking ?

You said your wife already have ILR?

[krssubbu]

I said they are having ILR dependant visa (2 year visa)

"My wife and baby are on ILR dependant visa (pre july 2012 rule). They obtained their depedant visa in May 2012. "

[krssubbu]

any thoughts on this moderators or others please ?

[krssubbu]

any thoughts on the above please?

[cs95tdg]

My wife and baby are on ILR dependant visa (pre july 2012 rule). They obtained their depedant visa in May 2012.

I have a limited company and my wife is a director. So i pay my salary into my personal account but can i pay her salary into a joint account ? will this be a problem with ilr ? the reason i am asking is because on the bank statements it does NOT show the payment goes to her - just says company name. So how will i be able to prove the payment has gone to her if it is a joint account (i mean it could be to me also, isnt it) ?

The reason for this question is not clear. Is your wife & child now applying for ILR as the partner of a settled person (i.e. as you already have ILR)? Whats not clear is why you need to prove what you say. I.e. "So how will i be able to prove the payment has gone to her if it is a joint account (i mean it could be to me also, isnt it) ?". Need more clarity on what you are trying to achieve, before commenting.

[krssubbu]

My wife and child are here as my dependants (spouse visa) obtained in May 2012(I am a ILR in the UK got Jan 2012).

So when their 2 year visa is ending in May 2014 i need to convert them to ILR, wont i ? so do i need to show any maintainence funds ? if so is the question of my salary (Self-employed) being distributed into mine and her account which is a joint account ?

Also one more question she obtained her visa before May 2012, so does she need to show earning criteria and other stuff ?

let me know if you need further clarification ?

[cs95tdg]

The changes to maintenance requirements (for those on a spouse visa) and residence period came into effect in July 2012. As your wife and child were already in the UK as your dependants before this, the new maintenance requirement mentioned below would not apply to them. You should however check the references below and SET(M) form, guidance to find out what specific requirements you need to meet.

http://www.ukba.homeoffice.gov.uk/sitec ... family-mig

new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;

The UKBA references below should help you get started. Based on what you have stated, the relevant application form would be SET(M) as she entered the UK as the spouse of a settled person and would be applying for ILR under the same category:

http://www.ukba.homeoffice.gov.uk/visas ... intenance/
http://www.ukba.homeoffice.gov.uk/polic ... _partners/

[krssubbu]

Thanks Cs95tdg. This i sthe bit that is confusing me. if my wife and child obtained visa before july 2012 then there should be no minimum maintainence funds requirment at all, isn it ?

http://www.ukba.homeoffice.gov.uk/sitec ... family-mig

new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;


the above link says

If you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.

The changes include:
introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt; and
allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor.


if you apply before 9th july you need to meet rules that in place before 9th july which does not mention anything about minimum income at all?

Could you please throw some light on this please ?

Thanks

[krssubbu]

cs95tdg, what do you think? do you think i fall under the category to maintain the minimum income or not ?

[cs95tdg]

The maintenance requirement which was introduced in July 2012 would not apply to you or your wife, as she arrived on a spouse visa before this requirement came into effect.

As far as I'm aware, there was no explicit maintenace requirement before July 2012, other than the general requirement that you could support your spouse & dependants without recourse to public funds.

[krssubbu]

Thanks and 1 more thing, there is no 90 day rule or any number of days out of the country in the old rule, isnt it ?

[cs95tdg]

As far as I'm aware, dependants were never subject to a absence threhold either prior to July 2012 or after, but you should verify the requirements on the UKBA website to make sure.

[krssubbu]

Thanks, i think in the new rule after july 2012 there is a 270 limit for 5 years

[cs95tdg]

I believe the 270 day thresold you refer to is for naturalisation.
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

As far as I'm aware there is no explicit absence threshold for ILR, if applying as the spouse of a settled person, other than the general requirement mentioned on page 23 below:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"Intention to live together permanently" means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit thereafter as set out in paragraph 6 of the Immigration Rules.

The applicant and their partner must live, have been living or intend to live together permanently in the UK. Each case must be judged on its merits. Where limited periods of time have been spent outside of the UK this must be for good reasons and the reasons must be consistent with the intent to live together permanently in the UK. Good reasons could include time spent in connection with their or their partner’s employment, holidays, training or study.

If they have spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met, e.g. that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and sponsor travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the Rules.

[krssubbu]

hi,

just have another question. Since i qualify under the old pre july 2012 rule, do i need to produce 6 proofs for living together ? if so what could be that - i am confused by this,

Also my child (1 year) who is also on a dependant visa (spouse visa category) of mine (ILR holder), do i need the 6 proofs for her as well ?

[cs95tdg]

Since i qualify under the old pre july 2012 rule, do i need to produce 6 proofs for living together ? if so what could be that - i am confused by this

Proving cohabitation is not something that was introduced in July 2012. So, yes you will need to prove that you and your spouse met the cohabitation requirements as stated in the guidance and rules. Have you read the SET(M) application form guidance? Additionally the FAQ for ILR. Please do so, as the questions you ask will be answered by doing so.

http://www.ukba.homeoffice.gov.uk/visas ... spouse-cp/
http://www.immigrationboards.com/viewtopic.php?t=79378

[krssubbu]

Thanks cs95tdg, but for my child (1 year) what sort of proof can i show ? do i still need to 6 letters / documents ?

Also are virgin media internet bills accepted ? if not, can i show seperate bank accounts for each but on the same address apart from showing another joint bank account (so in short can i use two different bank accounts, one on joint name and the other seperate accounts but all on same address as two different proofs ?)

Thanks

[Kevin24]

For your child, -What about NHS card, GP letters, Hospital Letters and Immunization Records??

[krssubbu]

Hi Kevin,

I have a NHS card but dont think i have hospital letters or immunization records. usually GP sends text message as confirmation but i can get a letter from GP. any other proof can i show and does the proof need to show we are the parents ?

Also are virgin media internet bills accepted ? if not, can i show seperate bank accounts for each but on the same address apart from showing another joint bank account (so in short can i use two different bank accounts, one on joint name and the other seperate accounts but all on same address as two different proofs ?)

[Kevin24]

Hi! krssubbu,

You could request from your G.P for your child's Medical records. This is a computer generated print out. Will have all the scanned Hospital letters and immunization records. Also get a letter from your G.P,regarding Immunization details.You will have to pay for these information. Trust you Have child's Birth Certificate.(proof You are the parents)

Regarding the 2nd part of your Query,hope some member will clarify.

[krssubbu]

Thanks Kevin, do i have to do this every 3 months or beacuse the document says need proof for 2 years spread out ?

any one can please give their thoughts on the 2nd part of my query

Thanks

[Kevin24]

Thanks Kevin, do i have to do this every 3 months or beacuse the document says need proof for 2 years spread out ?

any one can please give their thoughts on the 2nd part of my query

Thanks

Sine it is Small child. Get it from the Date you have registered with the GP,to-date.. Don't forget G.P' letter of confirmation of registration. and immunization ( dates are important)