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Posted

Unfortunately, the APPGM do not make the law. When they presented their report, the government simply ignored it.

Posted

How do you prove the money is a gift and not a loan? Because it absolutley will be a loan, but how will they know.

The full loan of 62,500quid is well beyond what I could borrow.

If the money is a gift, you declare it on the financial requirement form.

Q. 3.75 ( b ) asks for the source of the funds. So you would put "Gift."

Q. 3.75 ( c ) asks "If applicable, detail the name, address and relationship of any third party who is the source of all or part of the funds."

The specified evidence appendix does not say that you have to provide any evidence that the money was a gift, not a loan. But as they ask for the contact details of the person who gifted you the money, I would not be surprised if they contact that person to ask if it was a gift and why they gave you the money.

So, to prevent possible delay while they do so, I'd include a letter from the person confirming it's a gift and a brief explanation of why they gave it to you.

I am not, of course, advocating including false information or evidence in any visa or LTR application. The penalties if discovered, even if it's after the visa is issued and your wife has settled in the UK, can be severe.

Posted

How do you prove the money is a gift and not a loan? Because it absolutley will be a loan, but how will they know.

The full loan of 62,500quid is well beyond what I could borrow.

Be in no doubt that a £62.5k gift is going to attract attention.

How will they know? They'll know once you have convinced them of the story.

Posted

To be practical the OP should await the child's birth and obtain a British passport shortly thereafter before travelling himself to the UK in order to begin his employment and secure accommodation. Once he has achieved this, his wife can apply for a visit visa to join him for a short period and until he has qualified as a sponsor under Appendix FM. If there is a history of compliance then so much the better.

To negotiate the EEA route is fraught with difficulty bearing in mind the intransigence of the British in their currently narrow and bizarre interpretation of Surinder Singh. The British are determined to stop this route undermining their Appendix FM settlement criteria, hence the daft and unlawful 'centre of life' test and their evident desire to maintain the requirement that any applicant must first be economically active in the EEA state before submitting an application for his dependent wife.

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