useing cash savings only from spouse for uk fiancee visa

[matty1]

helllo .ive just joined this forum after browseing for a few months and as i and my lovly lady are intending to get married in the uk and apply for the finance visa I was wondering if someone knowledgeable on this subject can give me some advice about using the cash savings route to apply for the uk fiancée visa as I am not working.

I would like to know if my intended or spouse can use HER savings as the required financial requirement so she be the main sponser or does it have to be me with all the savings ?

she has a son also 17 which we would like to bring to uk and I am aware that the required amount using the savings route with child is £72,000 which she luckerly has and has been in her control for last six months

I should note that her sisters have helped her

my situation is this ,I have savings of £30,000 and I also sell a lot of things on ebay as a private seller and I keep it under the personal tax allowance per year of which I think is £9,000 ,i would like to know if my savings I have and the fact I have a non job imcome and my intended savings would be enough to satisfy the financial requirement

kindest regards

matt

[Tony M]

Yes, you can use your fiancee's savings to meet the requirement.

I cannot say if you meet the requirements for the savings. You will need to check that. The requirements to be met on the date of application are :

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).

7.4.3.

The following table illustrates all the requirements that must be met:

Summary of all the requirements that must be met for funds to be considered as cash savings held in a deposit or investment account

1

The account is held within a bank or building society

2

The bank/building society is a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating

3

The bank/building society is not on the list of excluded institutions under the Immigration Rules

4

The account is a current account or a savings account

5

Regular bank statements are provided

6

The statements cover the necessary time period required in the Immigration Rules

7

The savings are held in cash

8

The savings can be immediately withdrawn (with or without penalty)

9

The funds are under the control of the person and/or their partner for the necessary time period required in the Immigration Rules

10

The source of the funds is legal

11

The source of the funds has been declared

The funds can have been held in various other forms of savings for the previous 6 months but must be in one of the above forms when the application is made. You will have to explain where the money came from ( I note that you say that your fiancee had help from her sisters ). If the visa officer thinks it is a loan, he will refuse the visa.

[matty1]

hello ,thanks for your answer tony m ,the other thing on my mind which is of concern and I may aswell say is that my lady has been to the uk before in oct 2011 and this was way before she even met me and she overstayed on her her visa .she had a 6 month visa granted to go to uk but on her application for tourist visa the agency she used who processed her visa put down she only wanted to go for 10 days and she said to them 2 months for which she stayed for,this was her first time abroad and she said she didn't realise the mistake and thought she could stay up to 6 months on this visa.

I met her her in july 2012 and in feb 2013 she applied for visa to see me in uk as at that time I had no passport and when she applied for visa again it was refused as the immigration doubted her intentions to come here as they thought she was working on her first vist here but she wasn't and was staying with friends in London .

my question is this would her previous visa refusal have any effect on our fiancée visa application ? ,her friend who she stayed in London with is willing to write a supporting letter if needed and I was going to mention that I know about her refusal in my supporting letter when we apply the fiancée visa

I am hopeing that her refusal will have no effect as at that time she overstayed on visa I didn't even know her then .

your thoughts on this are greatly appreciated

best regards

matty

[BKK Blues Brother]

It is only classed as an overstay, if she stayed more than the 6 month's.

[matty1]

hi ,in her refusal letter it said they refused her visa because they are doubtfull of her previous stay and believed she was working and also the fact she stayed over her 10 day vist which she put down.they think she was working as she put 10 days down and stayed there 2 months so think she couldn't support herself.

is it possible for me to show you her refusal letter ? obviously I would blank off the name etc

another question is can we apply fiancée visa from uk or does it have to be from her country as she be the main sponsor ?

[Tony M]

I would need to look at the refusal notice before giving any answer. It will show if she was refused because she allegedly used deception in her earlier visa application, or if she did, in fact, overstay. The ECO should not have refused a visa because he thought she might have worked during her earlier visit.

The earlier refusal, as a visitor, shouldn't affect a fiancee settlement application unless there was, in fact, deception and working. It might not, however, be a simple application, depending on the circumstances. If you can post the refusal notice, deleting all personal information, then we can have a look.

You might also want to consider a free consultation with the forum sponsor - Thai Visa Express. Their contact details are on their forum advertisement.

[matty1]

hi ,thanks for your answer,im trying to add a picture here of the refusal for your inspection but whatever I try it does not work ,i can only send it as a email attachment can someone please advise what im doing wrong

[howerde]

She would have been given a 6 month visa, that could have been reduced by immigration when she landed if they were suspicious, was she working? if she was caught and went back, the she would not have been illegal ,but would have breached her visa conditions, a refusal would never say' we think'

[matty1]

Sent from my ST25i using Thaivisa Connect Thailand mobile app

[matty1]

Sent from my ST25i using Thaivisa Connect Thailand mobile app

[matty1]

hi ,thanks for your answer,im trying to add a picture here of the refusal for your inspection but whatever I try it does not work ,i can only send it as a email attachment can someone please advise what im doing wrong

finally sussed it out

[howerde]

Yes much clearer, the information she used on her 1st application is being used against her, and they do have some valid points, such as stating she had no friends in uk, but can't explain what she was doing, amongst other things, until you can sort these issues out and baring in mind they also have the information in her last application, i think you will need expert advice on overcoming these issues for a visit visa, i would take up Tony M''s advice

Edited January 28, 2014 by howerde

[apiwan]

she has a son also 17 which we would like to bring to uk and I am aware that the required amount using the savings route with child is £72,000

WHAT ???

So if you want to bring a kid to the UK you need to show 72 large ?

Obviously someone else's kid, if your own I'm sure not needed,

This country ( UK ) let's in all the shit from round the world,and yet someone who marries and wants to improve his life they make it harder than to get a camel through the eye of a needle.

Beggars belief

Sent from my iPad using Thaivisa Connect Thailand

[Tony M]

Thanks for letting us see the refusal notice. There were enough doubts and discrepancies for the ECO to have sufficient doubt about the stated 16 day visit. However, the visa wasn't refused on the grounds that she had employed deception in order to obtain the first visa, nor because she was working. It is implied, but not stated.

A settlement application should be successful, as long as you can now convince a doubtful ECO that everything is genuine. As well as convincing him, you will need good , and genuine, documentation and evidence that you both meet the requirements of the immigration rules, especially that you are in a genuine and subsisting relationship..

[matty1]

hi, thanks for the comments and that's good to know that this refusal shouldn't have no effect on our fiancée visa ,i should point out that she is adamant that she put down on her first application that she was seeing her friend in London and it makes me wonder if she used a dodgy agency ?.ive already been to see her in her country and spent a month with her and family so we have enough evidence and pictures from when we first met and emails from when we first met online which was my birthday .

i did think about about trying to get her to come here with a vist visa but i was worried about this previous refusal having any effect.? but im thinking that i didn't even know her then ...i am planning on going out there again in a few months time to meet the son as before i went there he was in school,he lives in bording school ,actually the son is a grey area as hes at that funny age adultesant age and hes not sure what he wants to do ?.im aware that it will be easier if he comes here to uk before hes 18 but im also wondering how hard it would be for him to join us later after hes 18

[Tony M]

It will be pretty much impossible for him to go to the UK as a dependant as soon as he reaches 18 years old ( unless the application was made before he reached 18).

[matty1]

ok thanks for all the answers its appreciated ,i think my intended better have a good talk to her son ...my final question is would it be better if i applied for the finacee visa from uk or would she have to do it her end in her country .im thinking that if the fiancée visa is applied from the uk using one of the many agencys ive seen advertised we may have a better chance ?

what are your thoughts on this

thanks

[howerde]

She applies in Thailand, if you use an agent, i suggest you use an' oisc' registered agent, and make sure they are by checking!

[matty1]

ok ,great ,where do i go about getting a single paper ,apparently its to prove im single

[howerde]

All the info is on the website, take your time to read it, you can download from the internet, the form needs to be signed by the British embassy, can't remember the fee think it was around 2500 baht, it's freedom to marry.

https://www.gov.uk/government/publications/affirmation-of-freedom-to-marry-in-thaliand

Edited January 28, 2014 by howerde

[Tony M]

The application for a visa has to be submitted in Thailand in person by the applicant. The actual form is completed online before submission.

I'm confused now. Do you want a fiancee visa ( to marry in the UK ) ? Or are you intending to marry in Thailand, and then apply for a visa ? I'm not sure what you mean by a "single paper". Is that for a marriage in UK or Thailand ?

As I suggested earlier, try contacting the forum sponsor for a free consultation. Thai Visa Express are OISC registered ( registered as UK immigration advisors). They have an office in UK and in Thailand.