Uk Settlement Visa.

[MrZM]

I have been using an agent, to do my application!

We are meant to be applying on the 3rd July.

Today he has told me that because my bank account is overdrawn on previous balances that it would not be fit for purpose.

My current up to day statement shows a very healthy balance. The agent has said for me to print off only 1 weeks statements to show the embassy!

Is this enough?

I have done 2 tourist visas for my wife and always shown 6 months bank statements.

Please advise me on what to do.

Is my agent correct in there knowledge. That simply just showing the current upto date balance is ok.

Thank you in advance

[ThaiVisaExpress]

They will want to see 3/6 months bank statements 1 weeks worth does not demonstrate you can maintain your wife in the UK. If you insert 1 weeks statements the eco will not be satisfied you have sufficient funds to support the applicant financially. I cannot believe they are advising that you insert 1 weeks bank statements with the application.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/out-of-country/sup-docs-settlement.pdf

[MrZM]

I will be very honest with you.

I have a 1000 overdraft, I have not worked since coming to Thailand in February with my wife and child. I am self employed and have shown everything to the agent.

Every month I receive as a minimum 800 per month.

Always staying in my overdraft as I use the money to live. On Friday I brought my balance back to 3,xxx on top of the overdraft.

Why have I been advised to only show a weeks statement.

[theoldgit]

Why have I been advised to only show a weeks statement.

I suspect because you are using a dodgy agent.

Put yourself in the shoes of the ECO, you have a guy who is trying to convince you that he has a sufficient and regular income to be able to support his spouse, the guy gives you a snapshot of one bank statement, what would you think?

[ThaiVisaExpress]

Well expect a refusal of entry clearance they will want to know the origin of the funds etc.. You need to convince the eco you can maintain your wife with recourse to public funds.

• Accommodation
  
• 3/6 months bank statements
  

Are you saying you have income of £800.00 per month if so he/she will want evidence to demonstrate this is available.

I will leave it in the capable hands of your agent whom is not offering good advice.

[MrZM]

Where are you located. Of possible I would like to come speak to you

[ThaiVisaExpress]

Hello I am in Pattaya you may contact me on 0801022328 .

[bobrussell]

An overdraft has no direct effect on an application. Enclose confirmation that it is approved by the bank. The main page of your on-line banking should show your approved overdraft limit. The bank can always confirm it in writing later if the ECO requires it but I doubt they will.

Most people have loans/credit cards and as long as these are affordable under the old rules you only need to show that you can support your spouse 'without recourse to public funds'.

I agree this sounds like a dodgy agent. The advice is 3 or preferably 6 months bank statements and any half competent agent should know one statement will ring warning bells with the ECO.

[MrZM]

Personally I'm lost in the whole situation, I have known the agent for 7 years! I have put forward customers to him, with success!

I have been to 3 different visa agencies today and everyone has a different answer/conclusion!

Maybe it's best to stay on in Thailand.

[7by7]

As said, overdrafts are not a problem as long as they are approved by the bank and being serviced to the bank's satisfaction.

Large, unexplained deposits are, though.

One month's bank statement will definitely not be enough to show that you satisfy the financial requirement; under both the old and the new rules.

When will you be submitting the application?

Are you and your agent aware that the financial requirement changes considerably for all applications submitted on and after 9th July 2012?

See this document and the topic in this forum.

[ThaiVisaExpress]

Having seen what you intended to submit you wont get a visa your previous statements are over drawn & without evidence of an over draft facility.

The guidance is quite clear on what is the required documentation for a settlement visa application we submit around 10 + applications per month & we would not submit your application with a 7 day bank statement.

• You should fully disclose your arrangements in the UK to the processing eco
  
• 3/6 months bank statements
  
• Accommodation in the UK (ref 1985 housing act)
  

And all you wish to show is one weeks statement with a lump sum deposit, you will get refused unless you fully explain your current financial status in the UK.

• No previous wage slips
  
• No evidence of employment
  
• No evidence of third party support
  

The processing eco cannot make a decision on whether you can maintain your wife in the UK with a 7 day bank statement. And any good immigration adviser would not submit that application without covering all the aspects of paragraph 281 of the immigration rules.

It actually amazes me why anyone would suggest you remove the previous statements and just insert the last 7 days. And these people are representing your interests & you are still considering submitting it.

• By asking you to remove the previous 6 months they are aware you have a possible problem in regards to maintenance.
  

I know myself & Tony Martin have discussed this & it took us around 5 seconds to conclude unless you cover the maintenance side you will be refused. I would like to see the application as a whole however I only saw the bank statement you supplied & I also asked you the origin of the funds these should be covered within the application.

You advised me that you have not covered the financial aspect of the application why is your agent not advising you about this ?

[MrZM]

I'll start from the beginning, my wife has been back to England twice along with our son.

Information included:

I am self employed from September to December, I sell toys online as well as open a retail shop. In file includes, all invoices of stock purchased, receipts of money received and receipts of dispatch costs!

I then worked for my brother for 6/7 weeks, pay slip included.

I also worked for a PPI company for 2 weeks, pay slip included.

Accommodation, the 2 stints of 6 months my wife stayed in England we stayed in my family home and will return again on next visa??? Documents from my father include, mortgage letter, council bill, utility bill, photos of the house, description of the house including how many rooms, bedrooms etc, invitation from my mother and father to live in the house. Copy of fathers and mothers passport as well as copy of there marriage certificate. Unsure wether I will input fathers bank statements.

I can prove I have an overdraft facility, in theory I'm overdrawn, but it's in my overdraft, my balance is up and down throughout the months I live in Thailand with my family, currently 4 months, I have adequate funds for another 4 months including paying all fees required.

I still work a little bit, clearing excess stock through online sales. Obviously it's not a busy as Xmas time. I will return for September and start working again!

My wife has passed English language test and TB test.

My son has both British and Thai passport.

All information has been placed.

The sticky thing is the bank statements.

Thanks for reading.

[MrZM]

Also to add I am 24 years old. Being with and taking care of my family is more important than money. I lose on average 10,000/15000, in the 8 months I stay in Thailand. And have done this for 3 years.

I have always shown I am self employed for my wife's 2 tourist visas, of which I supported. And always stay the same duration of time with my family in Thailand without working. I admit I get some help along the way, not a lot!

I know the information above maybe pointless, I'm only being honest.

[VisasPlus]

Are you still submitting the application on the 3rd July ? If so, and you are submitting just the one bank statement, then I think, as do others, that the application will be refused. That said, if you don't apply until after the new rules comes into force on the 9th July, it doesn't sound like you will meet the new financial requirements ( for self-employed) sponsors.

What kind of financial support did you show when your wife got her two visit visas ? Don't forget that the ECO will have access to that information when he looks at the new application, so whatever you submit should confirm the previous information submitted.

In answer to your new question in your new thread, your wife can apply the next day for a visit visa if her settlement application is refused. But, it would have to be a very good application to convince the ECO that only a visit is intended if she has recently been refused a settlement visa.

[steady]

Are you still submitting the application on the 3rd July ? If so, and you are submitting just the one bank statement, then I think, as do others, that the application will be refused. That said, if you don't apply until after the new rules comes into force on the 9th July, it doesn't sound like you will meet the new financial requirements ( for self-employed) sponsors.

What kind of financial support did you show when your wife got her two visit visas ? Don't forget that the ECO will have access to that information when he looks at the new application, so whatever you submit should confirm the previous information submitted.

In answer to your new question in your new thread, your wife can apply the next day for a visit visa if her settlement application is refused. But, it would have to be a very good application to convince the ECO that only a visit is intended if she has recently been refused a settlement visa.

Are you saying that as part of the visa application process the ECO actually digs out previous visa application paperwork? There must be a very large warehouse somewhere holding all of the earlier applications. I'm assuming that the more successful applications someone has in the system then this tends to give the ECO more confidence in the application in front of them. Or am I just being hopeful?

Steady

[VisasPlus]

Are you still submitting the application on the 3rd July ? If so, and you are submitting just the one bank statement, then I think, as do others, that the application will be refused. That said, if you don't apply until after the new rules comes into force on the 9th July, it doesn't sound like you will meet the new financial requirements ( for self-employed) sponsors.

What kind of financial support did you show when your wife got her two visit visas ? Don't forget that the ECO will have access to that information when he looks at the new application, so whatever you submit should confirm the previous information submitted.

In answer to your new question in your new thread, your wife can apply the next day for a visit visa if her settlement application is refused. But, it would have to be a very good application to convince the ECO that only a visit is intended if she has recently been refused a settlement visa.

Are you saying that as part of the visa application process the ECO actually digs out previous visa application paperwork? There must be a very large warehouse somewhere holding all of the earlier applications. I'm assuming that the more successful applications someone has in the system then this tends to give the ECO more confidence in the application in front of them. Or am I just being hopeful?

Steady

Paper applications ( the printed copy of the online VAF) are kept in storage for a time, normally 3 - 5 years. Whatever copies of submitted documents were retained depends on what the ECO decided to keep. So, there could be a copy of previous bank statements, there should be a copy of the sponsor's letter.

[bobrussell]

Are you still submitting the application on the 3rd July ? If so, and you are submitting just the one bank statement, then I think, as do others, that the application will be refused. That said, if you don't apply until after the new rules comes into force on the 9th July, it doesn't sound like you will meet the new financial requirements ( for self-employed) sponsors.

What kind of financial support did you show when your wife got her two visit visas ? Don't forget that the ECO will have access to that information when he looks at the new application, so whatever you submit should confirm the previous information submitted.

In answer to your new question in your new thread, your wife can apply the next day for a visit visa if her settlement application is refused. But, it would have to be a very good application to convince the ECO that only a visit is intended if she has recently been refused a settlement visa.

Are you saying that as part of the visa application process the ECO actually digs out previous visa application paperwork? There must be a very large warehouse somewhere holding all of the earlier applications. I'm assuming that the more successful applications someone has in the system then this tends to give the ECO more confidence in the application in front of them. Or am I just being hopeful?

Steady

The processing data will be held on computer, probably for many years so even if the do not keep paper copies, all the relevant information will be on file somewhere.

you can be sure any visa refusal will be thoroughly documented!

If your wife has done two 'stints' of six months there is a real risk of refusal as these may be seen as a way of by-passing the settlement rules. To a certain extent it will depend on when your wife was last in the UK and for how long.

[MrZM]

The reason why my wife has been unable to get a settlement visa previously, is because of the age rule. My wife has only recently turned 21, the old rule which was changed in November, stated she had to be 21.

[chickenslegs]

I'm curious to know whether the existance of a young child, who is a UK citizen, has any bearing on the application.

If the OP took his son to the UK, would the mother have a right to enter the UK to care for her son?

[tribalfusion001]

No, same rules for everyone.

[Tigger01]

MRZM, I'm no expert at this but it looks likethe problem for you is proving you can financially support your wife etc. I think you state the answer above, if your business is selling toys online and the busy period is quite clearly the run up to Xmas, then make that point in your application!!! If money is tight, I have no idea why you've used an agent, there is plenty of info on here to assist in visa applications and I applied for mine by just reading the VFS site and making sure I had all the paperwork, finances, where she'll live etc. Best of luck anyway!!

[MrZM]

Money isn't tight. A lot of my income is cash, from a shop I also open and a business we have in Thailand. Cash can't be proved.

Thanks for your advice! The reason for using an agent was so they would organise all the other bits, language test, TB X-ray, etc..! Previously I have done 2 tourist visas for my my wife!

Also wanted to enjoy a holiday without having to go back and forth Bangkok every other week.

[Tigger01]

OK fair enough, it sounds as though the agent isn't to good though!!! I still think its worth pointing out that your main business generates cash in the run up to XMAS so thats why you need to be in the UK.

[all done]

No, same rules for everyone.

Although the rules are the same, having a child together adds a lot of weight to any application as UKBA know very well that any refusal and they will be hauled infront of the ECHR 'As a right to a family life' is Absolute.... so they would have to be very sure of themselves to reject a Visa that separates a family..

[MrZM]

Everyone help is much appreciated. If anyone who has replies or someone else, has more information or advice then please put it forward.

[7by7]

No, same rules for everyone.

Although the rules are the same, having a child together adds a lot of weight to any application as UKBA know very well that any refusal and they will be hauled infront of the ECHR 'As a right to a family life' is Absolute.... so they would have to be very sure of themselves to reject a Visa that separates a family..

No, Article 8 of the ECHR,the right to family life, is not absolute, it is a qualified right.

There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Failure to satisfy the criteria in the immigration rules for a settlement visa comes under this qualification, and when a family settlement visa is refused the refusal notice always contains a paragraph to state that Article 8 has been considered and the application does not fall within it.

A non-EEA parent of a British child does have a route into the UK if their child is living there; an access to child visa. However, this would usually only be granted if the parents were divorced or separated and the child were living in the UK with the other parent who had legal custody.

Having said that, having a child together is excellent evidence that the relationship is genuine!

[danielrhodes999]

Are you still submitting the application on the 3rd July ? If so, and you are submitting just the one bank statement, then I think, as do others, that the application will be refused. That said, if you don't apply until after the new rules comes into force on the 9th July, it doesn't sound like you will meet the new financial requirements ( for self-employed) sponsors.

What kind of financial support did you show when your wife got her two visit visas ? Don't forget that the ECO will have access to that information when he looks at the new application, so whatever you submit should confirm the previous information submitted.

In answer to your new question in your new thread, your wife can apply the next day for a visit visa if her settlement application is refused. But, it would have to be a very good application to convince the ECO that only a visit is intended if she has recently been refused a settlement visa.

What are the new rules for self empolyed?

[7by7]

Same as for employed.

See the statement of intent for the proposed new rules and this topic for discussion of same.

NB.

Please post any questions or comments you may have on the new proposals/rules in that topic, not this one. Thank you.

[MrZM]

I am going for the application. My mind is set, the answer will be yes or no.

If its the latter I will find a way around it. I have a family to take care of, and that's number one for me.