UK settlement visa for wife - couple of questions.

[Davidll]

Hi, This is my first post here, so apologies if the questions have already been asked.

 

My Thai wife is going to be applying for a settlement visa to live with me in the UK. I will be using savings rather than income from employment to meet the financial requirement as I've had over £65,000 saved for more than the last six months. Trying to find out if UK Premium Bonds are classed as easy access savings or do I need to convert than back to cash in the bank? I've contacted UKBA several times via their email form help but get different answers and others that simply say they don't know or its up to the discretion of the ECO. I even went to the paid helpline at over a pound a minute to be put through to someone that did not even know what UK government premium bonds were! Another helper said I'd need to cash them in and then wait another 6 months before applying (the guidelines clearly contradict that). They have so for been of no help at. I'm thinking it's probably better to play safe and cash them in, showing a paper trail of where the money has been. Is there anyway of contacting the ECO to clarify this?

 

My next question relates to the application form. Question about sponsor 7.22, when did the sponsor enter the country? Does this mean when I returned from my last holiday or do I put my date of birth as I've lived in the UK all my life and I'm a British Citizen.

 

Any help or advice greatly appreciated.

[Rob180]

I'm pretty sure 7.22 means when did you enter the country if not from birth, hence if you were born here you would put your date of birth. I'm not sure about the bonds question but I'm sure someone will be along soon who can answer that for you.

Edited August 28, 2016 by Rob180

[7by7]

If using cash savings then those savings must be held in a bank or savings account where they can be accessed immediately, with or without penalty. This is because applicant and sponsor are, in theory at least, relying on those savings, or part of them, for their day to day living expenses.

 

So premium bonds, like other bonds, cannot be used.

 

However, if you were to cash in the bonds and pay the proceeds into your bank or savings account then you can use that toward the requirement, even if you did this less than 6 months prior to the application. Provided you have the proper paper trail to show where the money came from.

 

See 7.4 Cash savings - further guidance of the financial requirement appendix for more details.

 

I agree with Rob180; question 7.22 is aimed mainly at sponsors who were not born in the UK. It was 15 years ago, but I'm fairly certain I gave my date of birth in answer to this.

[Davidll]

Hi, many thanks for the replies. Surprised really at Premium bonds as they can be cashed in and the money in your bank in days and they do say savings or investments. It seems daft that they would not except them as they are banked as cash value and in a government run account.

 

Anyway better safe safe than sorry, so I'll cash them in and top up the bank account for the time being at least.

 

Thanks for the advice.

[rasg]

I'm very surprised at this about Premium Bonds.

 

I cashed some in a few weeks ago and it was all done online and the money was transferred into my account within 48 hours.

[Davidll]

2 hours ago, rasg said:

I'm very surprised at this about Premium Bonds.

 

I cashed some in a few weeks ago and it was all done online and the money was transferred into my account within 48 hours.

Yep, my thoughts exactly.

Trying to get answers from UKBA seems impossible. Just wish there was a way of talking direct to an ECO.

[Davidll]

3 hours ago, 7by7 said:

If using cash savings then those savings must be held in a bank or savings account where they can be accessed immediately, with or without penalty. This is because applicant and sponsor are, in theory at least, relying on those savings, or part of them, for their day to day living expenses.

Reading it again it actually says:-

The bank/savings account can be a current, deposit or investment account, provided by a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating. Current and 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).

 

You would think they would class it as an investment account or no interest savings account. Although the cash value is guaranteed to be the same.

[7by7]

Paragraphs 11 and 11A( a ) of the specified evidence appendix say

 

Quote

 

11. In respect of cash savings the following must be provided:

( a ) personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person or of the person and their partner jointly throughout the period of 6 months prior to the date of application.

( b ) A declaration by the account holder(s) of the source(s) of the cash savings.

11A. In respect of cash savings:

( a ) The savings may be held in any form of bank/savings account (whether a current, deposit or investment account, provided by a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating), provided that the account allows the savings to be accessed immediately (with or without a penalty for withdrawing funds without notice). This can include savings held in a pension savings account which can be immediately withdrawn.

(7by7 emphasis)

 

As rasg says, the cash from surrendering premium bonds can be received within 48 hours, but that is not immediately.

 

Premium bonds come under paragraph 11A( c ).

Quote

( c ) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that............

So if you need to use them, cash them in now and put the money in your bank before your wife submits her application. Make sure you also include the relevant paper trail as per paragraph 11A( c )(ii).

 

I'm not making any attempt to justify this or argue that it is right; but it is the rules.

[Davidll]

Yes I'll take them out after the next draw in a few days and put in the bank. I can clearly show the date I bought them as it was from the same account and then show them going back in as cash.

 

Thanks for the help.

[TCA]

2 hours ago, 7by7 said:

As rasg says, the cash from surrendering premium bonds can be received within 48 hours, but that is not immediately.

 

I think 'immediately' is a bit of a misnomer as far as this cash savings requirement is concerned. I've used online savings accounts to meet the financial requirement, both instant access and term accounts with penalty for access. At no time was I able to receive an instant payment, say via CHAPS, so withdrawals wouldn't have been any quicker than cashing in premium bonds, which can be done online. That said, I agree with your interpretation of the rules, daft as they may be.

[Davidll]

Well I did cash the bonds in which were in my account the following day. The visa was applied for and granted. I wrote a separate letter to include in her application called 'Financial Information', which clearly showed dates of investments and movement. 

 

I tried contacting UKBA several times and spoke to four different advisers who knew less than I did, I'm sure many members of the forum could go and offer to train them! Their service is a disgrace and I have a good mind to put an official complaint in. I was told by two of them that even if I cashed the bonds in then I'd have to wait another six months before applying. There did not seem to be anyone who knew their own guidelines. I asked where I could write to, to get clarification, to be told only a immigration solicitor could do that!! They then said they had contacted the ECO directly and I would get a reply from them. Three days later a standard reply came saying they could not advise on individual cases. I now realise why the country is in such a mess. One day I decided reluctantly to call the helpline and be charged god knows how much. I could not understand hardly anything the person on the other end was saying, do they use call centres in India? I have never experienced such incompetence either via email or phone. Their lack of knowledge for

 a government agency dedicated to immigration is unbelievable.

 

Thankfuly there are forums like this and others with people who do know what they are talking about.

[bobrussell]

I agree that with minimal updating, some members on here would be able to train the advisors!

The Home Office has put a lot of work into improving the effectiveness of the staff. More staff and better training. Unfortunately some are still temporary workers, dealing with backlogs and others do not have the experience of most of the ECO's/ECM's.

Websites are better but still inadequate.

Ten years ago it was possible to phone the staff at the Embassy and get very specific advice on individual applications. Now you need to find and pay for a specialist advisor, many of whom seem dodgy at best!

If you released the money from Premium Bonds into an account then the UKVI must have accepted the Bonds as savings unless you sold them six months before application.

 

[7by7]

15 minutes ago, bobrussell said:

If you released the money from Premium Bonds into an account then the UKVI must have accepted the Bonds as savings unless you sold them six months before application.

 

No.

 

They accepted the money because he had cashed in the bonds and put the money into his account.

 

As I said before

On ‎28‎/‎08‎/‎2016 at 4:16 PM, 7by7 said:

Premium bonds come under paragraph 11A( c ) (of the appendix)

Quote

( c ) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that............

(7by7 emphasis)