Settlement Visa

[bangkoktonni]

hi everybody, im a new member and i would like to ask u advice about some supporting documents needed for my wifes settlement visa.

the visa is asking for my financial statements for the last six months, i have recently started a new buissness in november 2010, and things were a little slow for the first 2 mths, so my nov & dec statements are not that good, jan is good and feb is looking good but will these staments be enough evidence to prove my financial status ? ( even though my wife has her own money over 500,000baht).

should i wait a little longer untill i have a fair few statements with better readings ?

will my wifes bank balance and proof of house ownership be enough?

thank you

tonni

[bangkockney]

As long as you are left in the black after subtracting your outgoings from your income and subtracting what they consider the bare minimum finance a couple in the UK needs - currently £102.75 per week - then you will satisfy the financial part of the maintenance requirement.

Edited February 16, 2011 by bangkockney

[Thongkorn]

As long as you can prove you can support her there should be no trouble. That means feed cloth and house her . her money should also help the situation , because she has a banking history,people on this site have got visas for a lot less money than you , Best of luck you should be OK.

[7by7]

The actual requirement is to be able to accommodate and maintain her without recourse to public funds.

There is no requirement for your bank account to be in the black. Having an overdraft is not a problem, as long as you show that it is approved and being serviced to your bank's satisfaction.

There is also no minimum income figure mentioned in the rules. Although the guidance does say that it would be inappropriate for an immigrant family to have an income of less than the Income Support level for a British family of the same size, other factors can be taken into account such as financial or other support from friends or family.

Obviously your wife's finances will be taken into account as well as yours, so you should provide evidence of those as well.

See Maintenance and accommodation for more.

[bangkockney]

It is exactly the notion that there is no minimum figure implied in the rules that was rejected by the IAT.

From the judgement in question: 

We do not accept that submission. Although it may be said that there is an element of imprecision in the relevant Immigration Rules, the requirement that the maintenance be "adequate" cannot properly be ignored. To our mind the use of that word imposes an objective standard. It is not sufficient that maintenance and accommodation be available at a standard which the parties and their family are prepared to tolerate: the maintenance and accommodation must be at a level which can properly be called adequate.

It perhaps does not necessarily follow that in order to be adequately maintained one has to have resources at least equivalent to those which would be available to a family on income support. But there are very good reasons for taking that view. A family of British (or EU) citizens resident in this country will not have less than that level. It is extremely undesirable that the Rules should be interpreted in such a way as to envisage immigrant families existing (and hence being required to exist, because social security benefits are not available to them) on resources less than those which would be available through the social security system to citizen families. To do so is to encourage the view that immigrant families need less, or can be expected to live on less, and in certain areas of the country would be prone to create whole communities living at a lower standard than even the poorest of British citizens. It is for this reason that a number of Tribunal cases, includingIslam (13183), Momotaz Begum (18699), Uvovo (00 TH 01450) (which alone was the subject of reference by the Immigration Judge in this case) and RB [2004] UKIAT 00142have held that the basic task for Appellants attempting to show that there maintenance will be "adequate" is to show that they will have as much as they would have if they were able to claim income support. Similar considerations apply to the different benefit structure when there is a disabled person in the family, as Munibun Nisa v ECO Islamabad [2002] UKIAT 01369 shows. There have been one or two cases which have indicated that a frugal life style can be taken into account in deciding whether maintenance would be "adequate", but in our view those cases should not be followed. In particular, we doubt whether it would ever be right to say that children could be maintained "adequately" at less than the level which would be available to the family on income support, merely because one of their parents asserts that the family will live frugally. The purpose of the requirement of adequacy is to ensure that a proper standard, appropriate to a family living in a not inexpensive western society, is available to those who seek to live here.

If you can't match income support - with or without 3rd party support, the maintenance requirement will be failed.

Similarly if one's overdraft grows month on month, this demonstrates your income does not cover your expenditure. Without 3rd party support this will also see an applicant fail the maintenance requirement.

[7by7]

If you can't match income support - with or without 3rd party support, the maintenance requirement will be failed.

From MAA4 Maintenance: General requirements

There is no explicit minimum figure for what represents sufficient maintenance. If dependants of the main applicant are going to accompany him / her to the United Kingdom, resources must be available for the whole family unit to be maintained.

The ECO should bear in mind the position taken by the UK Asylum and Immigration Tribunal (UKAIT):

In 2006, the UKAIT in UKAIT 00065 KA and Others (Pakistan), strongly suggested that it would not be appropriate to have immigrant families existing on resources that were less than the Income Support level for a British family of that size.

More information is available on the British & Irish Legal Information Institute website (BAILII)

If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.

(my emphasis)

Note that it says "may be appropriate to refuse" not that the application must be refused. Although I agree that an applicant would have difficulty in satisfying the maintenance requirement if their income was below this level without substantial support in kind from friends or family.

Similarly if one's overdraft grows month on month, this demonstrates your income does not cover your expenditure. Without 3rd party support this will also see an applicant fail the maintenance requirement.

Unless, as I said, that overdraft was approved and being serviced to the bank's satisfaction.

For example, many self-employed people live on an overdraft which often fluctuates up and down; sometimes increasing for several months. Particularly in the early days of their business. This would not prevent them from meeting the maintenance requirement if their bank were happy with the situation.

[bangkoktonni]

thanks for all your positive replies but i have decided to put the visa app off till july when i will have enough sufficient bank statements, i really dont want to waste the £750 i will have to fork out,. its a shame shes not coming as a asylum seeker (lol), otherwise they would off greeted her with hands open, sufficient money, house and a car...

but thanks again everyone, your knowledge is priceless

[7by7]

its a shame shes not coming as a asylum seeker (lol), otherwise they would off greeted her with hands open, sufficient money, house and a car...

Where do people get this rubbish from?

Don't believe everything you read in the right wing press.

[uptou]

Sorry to steer people away from the OP but..

My girlfreind & i are currently in Cambodia & are probably going to apply for the Settlement Visa shortly & i have a few questions below;

1) She's Burmese. Is the embassy location of application important, or is there a best place to do it in the region? (eg,better to do it in BKK?)

2) We've been travelling for the 3 years we've been together (with the same passport stamps in our PP's). She has no bank funds & has been supported by me in this time. Is it a problem if my total funds go down to below £9000 at my time of application, considering i have no job set up in the UK when i arrive? Is there a minimum amount of funds required?

3) Do you need to be married to apply for the settlement visa? (considering we plan to stay & work in the uk)

4) She's shy with her english speaking with other people, do you think that could be a problem even though she understands most stuff?

5) Do you think its best to hire an agent?

Many thanks for any help.

[7by7]

1) She must apply in her country of residence or her country of nationality. If she is legally resident in Cambodia then she can apply there; although the application will be sent to Bangkok for the decision. See here.

If she is not legally resident in Cambodia then she will need to return home an apply in Rangoon. See here.

2) There is no minimum amount of funds required; but you must show that you can support yourselves without recourse to public funds. The finances can come from you, her, friends or family or any combination of these. Your and her employment prospects in the UK will also be taken into account. See Maintenance and accommodation.

3) She can apply as:-

i) Your spouse, in which case you must be married. This is valid for 27 months and after 24 months in the UK she applies for Indefinite Leave to Remain.

ii) Your unmarried partner; but you will need to show that you have been living together outside the UK in a relationship akin to marriage for at least the last two years. Like a spouse visa it is valid for 27 months and after 24 months in the UK she applies for ILR.

iii) Your fiance. In which case you will have to marry in the UK within 6 months and she then applies (and pays for) Further leave to Remain for a further two years after which she applies for ILR.

See the relevant guidance in Settlement for more.

4) Spouse, partner and fiance applicant's normally need to satisfy the English language requirement. However, from How to apply

Long-term residents in Cambodia who are applying from Cambodia for a visa as a partner of a British Citizen or person settled in the UK are currently exempt from the English language test requirement. Due to lack of availability of UK Border Agency approved English language test providers in Cambodia you do not need to provide an English language test certificate with your application.

5) The decision whether to use an agent or not is up to you; but I recommend that you read this first.

[uptou]

1) She must apply in her country of residence or her country of nationality. If she is legally resident in Cambodia then she can apply there; although the application will be sent to Bangkok for the decision. See here.

If she is not legally resident in Cambodia then she will need to return home an apply in Rangoon. See here.

2) There is no minimum amount of funds required; but you must show that you can support yourselves without recourse to public funds. The finances can come from you, her, friends or family or any combination of these. Your and her employment prospects in the UK will also be taken into account. See Maintenance and accommodation.

3) She can apply as:-

i) Your spouse, in which case you must be married. This is valid for 27 months and after 24 months in the UK she applies for Indefinite Leave to Remain.

ii) Your unmarried partner; but you will need to show that you have been living together outside the UK in a relationship akin to marriage for at least the last two years. Like a spouse visa it is valid for 27 months and after 24 months in the UK she applies for ILR.

iii) Your fiance. In which case you will have to marry in the UK within 6 months and she then applies (and pays for) Further leave to Remain for a further two years after which she applies for ILR.

See the relevant guidance in Settlement for more.

4) Spouse, partner and fiance applicant's normally need to satisfy the English language requirement. However, from How to apply

Long-term residents in Cambodia who are applying from Cambodia for a visa as a partner of a British Citizen or person settled in the UK are currently exempt from the English language test requirement. Due to lack of availability of UK Border Agency approved English language test providers in Cambodia you do not need to provide an English language test certificate with your application.

5) The decision whether to use an agent or not is up to you; but I recommend that you read this first.

Thanks alot 7by7. Sorry another dumb question.

Will i have to go to Rangoon with her for the application?

All the best, & thanks again.

[7by7]

No, you do not need to be with her when she makes the application.