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steve20/50
2nd April 2013, 23:47
Hello
I have a question regarding using just cash savings and no income for the fiancée visa and bringing my fiancées child in uk at same time.
we want to marry in the uk and we will be using the 62,500 cash savings as the route for the financial requirement for the fiancée visa.i have taken early retirement and sold my buissiness and I have currently 30,000 in my account and its been in my account for over 6 months ,my fiancée has 40.000 in her account as savings and she also owns her own property which she will be selling once the fiancée visa is granted .
my questions are can we submit both of our bank accounts seperatly showing the 62500 as the requirement on the visa application or do I as her sponser have to show the 64.500 in my account upon application ?
the other question is my finacee has a 16yr old son and she like to bring him with her when we apply for fiancée visa ,im not sure if this is allowed on this visa application or do we have to wait for the flr visa ? as we will be using just cash savings with no income as the requirement for the visa would the 62.500 required be the same with her child to come or would we have to provide more money as she has her son.
if this is the case and we have to show more money as savings how much would this be .

many thanks in advance
steve.

Terpe
3rd April 2013, 15:44
Hi there steve20/50

Firstly I'd like to welcome you here to the forum.

Secondly, I have the following comments to make regarding your proposal:-

Details about the specific evidence you'll be required to submit can be found at the UKBA webpage Immigration Rules Appendix FM-SE (Family Members - Specified Evidence) (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/)
Look under item 11

As it stands right now the income threshold for your Fiancee to apply, without dependants, is £18,600
However, where the application includes sponsorship of her son at the same time (and/or at any time before the applicant reaches settlement), then the minimum income threshold increases and there is a higher financial requirement.

An additional gross annual income of £3,800 is needed for the first child sponsored. (this is in addition to the Partner)
So in your case this means a minimum total annual income threshold of £22,400

As long as all Visa requirements can be complied with, her son will be granted leave in line with his mother (your fiancee).
Please do note that when your fiancee and her son apply together, and the financial requirement and/or other requirements are not met, then both will be refused.
The higher level income threshold will apply until your Fiancee qualifies for settlement (5 years), this remains the case even when her son turns 18.
However, an 18+ year old’s income and savings are permitted to count towards any future visa applications (FLR/ILR) using UKBA financial requirement.

Cash Savings can be used under Category D on the application.
Just to let you know that this source can also be combined with income from a pension (Category E) in order to meet the financial requirement.

In terms of how much savings would be required, the following equation is used:
(x minus 16000) divided by 2.5 = y

Where x is the total amount of savings held
y is the amount which can be used towards the financial requirement.

So transposing the above equation we can see that the amount of savings required in your case at Visa Application (entry Clearance) stage is

x = (£22,400 x 2.5) + £16,000
x = £72,000

Now, Without combining with other income the amount of savings required for all future FLR(M) application(s) will be the same as above. (ie £72,000)

Finally, Without combining with other income the amount of savings required for ILR would be (£72,000 - £16,000) = £56,000

Your Fiancee would need to apply with her own application form and will name her son on that form as travelling with her.
Her son will need to make his own application form for the visa to join her.

Means two application forms and two application fees

We're all waiting to see if the rules will change in April 2013 also if there will be any changes to the current Financial Requirement thresholds.
Other visa types using income thresholds have already been increased by around 1.4%

Hope this information clarifies your questions and helps your understanding

Good luck.

steve20/50
3rd April 2013, 20:47
hello and thankyou terpe on your reponse which is most appreciated
so from what your saying as im using just solely cash saveings for this application i will have to show £72,000 on the fiancée visa entry application then show same amount on flr visa application then £56,000 on ilr visa application .would they let us both have separate bank accounts showing the amounts required in the application or would it be safer for her to put all her savings into my account ,we would obviously wait for 6 months before we submit the fiancée application .
i am also wondering if they would be suspicious of how i had all that money in my account but as it would of been in my account for more than 6 months untouched do you think they would question that .
many thanks
steve

Terpe
3rd April 2013, 21:53
Steve, if you follow the link I provided you will see:-


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


(a) personal bank statements showing the cash savings have been held in an account in the name of the person or of the person and their partner jointly for at least 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, provided that the account allows the savings to be accessed immediately (with or without a penalty for withdrawing funds without notice). This can include, for those of retirement age, savings held in a pension savings account which can be immediately withdrawn.
(b) Paid out competition winnings or a legacy which has been paid can contribute to cash savings.


The UKBA also state that:-

The cash savings may be held by the applicant, their partner, or both jointly for at least 6 months prior to the application and under their control can count towards the financial requirement where applicable

I am of the opinion that this means the whole amount in your named account, or her named account or a joint account.

steve20/50
3rd April 2013, 22:22
thanks ,I did read it it again and its more clear ,with regard with the phrase
The UKBA also state that:-

The cash savings may be held by the applicant, their partner, or both jointly for at least 6 months prior to the application and under their control can count towards the financial requirement where applicable.

they say the savings can be held by the fiancée or me as her sponser but what about 2 separate acounts as in half in hers and half in mine would this be acceptable or would it be best to open a joint account
thanks

steve20/50
3rd April 2013, 22:56
I think the pennys dropped now on that question above but I have a few others .
my fiancée son is not sure if he actually wants to come to uk, hes 16 so I think its down to his age as he said he wants to stay around his friends and dad.
if he was to come to uk to join his mum permantly lets say in a few years times what would be the visa requirements or would it be better for him to come over once ilr is granted to his mum .as hes not sure what he wants to do would it be easy for him to come over and vist as his mum is here .
my other other question is my fiancée has been talking about babys and she is very keen to have one soon ,I am wondering what the implications to her visa would be .obviosley the baby would be born in uk so would there be more financial requirents to the visa stages or would not this be the case as the baby would be british citizen.
many thanks
steve

Terpe
4th April 2013, 08:35
I think the pennys dropped now on that question above but I have a few others .
my fiancée son is not sure if he actually wants to come to uk, hes 16 so I think its down to his age as he said he wants to stay around his friends and dad.
if he was to come to uk to join his mum permantly lets say in a few years times what would be the visa requirements or would it be better for him to come over once ilr is granted to his mum .as hes not sure what he wants to do would it be easy for him to come over and vist as his mum is here .
my other other question is my fiancée has been talking about babys and she is very keen to have one soon ,I am wondering what the implications to her visa would be .obviosley the baby would be born in uk so would there be more financial requirents to the visa stages or would not this be the case as the baby would be british citizen.
many thanks
steve

Steve

If your fiancee's son has such contact and relationship with his bio father then that in itself may present some significant challenges, not only relationship and emotional, but also in terms of meeting requirements for the Visa.
The bio father does have some input rights. Try to put yourself in his shoes.

You would need to very seriously discuss this important aspect further with your fiancee and her son

Solely in terms of the visa aspects, and as an initial step please look at the UKBA webpage Bringing your children (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/children/) and be sure to follow the links.
You can see the big difference between visa application before and after reaching 18 years of age.
Waiting until your fiancee has reached ILR stage is a 5 year journey after marriage.

Also please review this UKBA webpage link called - Is there provision for children of fiance(e)s / proposed civil partners? (http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/set/set7/#header16)

There is no UKBA involvement in connection with any children of yours born in UK.

Here's some additional reading for you:-

Immigration Rules - Children (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children/)

SET07 - Children (http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/set/set7)

Commission on Filipinos Overseas (CFO)
For Filipinos leaving the country with immigrant VISA (http://www.cfo.gov.ph/index.php?option=com_content&view=article&id=1347:for-filipinos-leaving-the-country-with-an-immigrant-visa&catid=139)
Take specific note further down the page under "For youth emigrants aged 13 to 19"

Hope this helps

joebloggs
4th April 2013, 09:01
once he is 18 there is virtually no chance of him coming to the UK unless he can get some work permit which these days is nearly impossible, at 18 under UK law he is no longer classed as a dependent of his mother.

him and his mother need to think now long term as time is running out.

also if he has contact with his father then that could be a problem, thou at 16 the embassy might get him in for an interview.

stevecebu
12th April 2013, 13:10
your sons real father has the right to see his son if you move 7000 miles away from your son thats your problem, not England, My advice stay with your son and be a real mother to him that what money can not buy, Real mothers dont leave there kids,Fact.:Brick:

Steve.r
12th April 2013, 13:39
My advice stay with your son and be a real mother to him that what money can not buy, Real mothers dont leave there kids,Fact.:Brick:

What is your problem? Tell me the number one export from the Philippines? Manpower, this includes thousands of women, many of them mothers. It does not make them bad mothers. Please take your head out of your backside.