Tier 4 - Dependants are British Citizens

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Old Jul 3rd 2015, 10:06 am
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Default Tier 4 - Dependants are British Citizens

Hi

Does anyone know what the rules are for our situation with regards to Tier 4 dependants who are british citizens? I have a few queries.

I'm British, as are our 3 children. My husband is due to start studies on in the UK, and has just received his CAS ready to apply for his visa.

My questions

1. The financial living requirements does he need to show additional money due to his dependants, even if his dependants are British??? As for a spouse they are not counted in any additional financial requirements

Fees £10,200
Less Fees Pd £5,100 = £5100.00
Plus living expenses outside london £820 for 9 months = £7,380.00
Total £12480

Does he need to show an additional £460 per month as he has dependants, although I and they are all British citizens?
So an additional £4,140?

2. He has rental income which will be approx £250.00 per month will they count that towards his financial requirements?

3. He is signing a sales agreement for the sale of his 50% shares in a family business being drawn up by lawyers to be signed on Monday which will initially give approx £1000.00 a month (from August) and a bulk income of approx £100,000.00 in March next year - will they count this.

4. We have a savings investment fund worth approx £3 500.00 which was put in place for studying, via which is available for withdrawal with 14 days notice - does this count - it mentions bonds, shares, overdraft and credit cards are not acceptable in the guides but doesn't mention investment funds...

5. Also, my mum has offered accommodation for the duration of his course or until I have a confirmed job to rent a place of our own. (I'm currently in negotiations with a previous employer at £30 000.00 p/annum - but it won't be confirmed in time for the visa app). Can we show this in his visa application and how should we show it?

We've been waiting for this CAS and I thought I had it all organised and now everything has arrived I'm a bit nervous that we don't have everything...

Paid the NHS surcharge this morning, and I noted dependants and due to BC citizenship they were charged at 0.00

Thanks in advance for your help.
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Old Jul 3rd 2015, 10:57 am
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Default Re: Tier 4 - Dependants are British Citizens

Originally Posted by atk97l96
I'm British, as are our 3 children. My husband is due to start studies on in the UK, and has just received his CAS ready to apply for his visa.

My questions

1. The financial living requirements does he need to show additional money due to his dependants, even if his dependants are British??? As for a spouse they are not counted in any additional financial requirements
He does not have to show any additional income for any British citizen dependants. British citizens are allowed to live in their own country. I assume you and your children have UK passports, or will have by the time they enter the UK? Having your UK passports will make things easier for you all.

Originally Posted by atk97l96
Fees £10,200
Less Fees Pd £5,100 = £5100.00
Plus living expenses outside london £820 for 9 months = £7,380.00
Total £12480


Does he need to show an additional £460 per month as he has dependants, although I and they are all British citizens?
So an additional £4,140?
Not for British citizens. See answer above.

Originally Posted by atk97l96
2. He has rental income which will be approx £250.00 per month will they count that towards his financial requirements?

3. He is signing a sales agreement for the sale of his 50% shares in a family business being drawn up by lawyers to be signed on Monday which will initially give approx £1000.00 a month (from August) and a bulk income of approx £100,000.00 in March next year - will they count this.

4. We have a savings investment fund worth approx £3 500.00 which was put in place for studying, via which is available for withdrawal with 14 days notice - does this count - it mentions bonds, shares, overdraft and credit cards are not acceptable in the guides but doesn't mention investment funds...
Here is the guidance for applications for the Tier 4 visa.
https://www.gov.uk/government/upload...April_15_f.pdf


And this for what documents he will need to provide with his application for a Tier 4 visa.
https://www.gov.uk/government/public...af9-appendix-8

We don't get many Tier 4 visa questions on this site, but if you are still stuck after reading the official UK guide, then this forum might be able to help.
UK Tier 4 (Student) visas • Immigrationboards.com
I would still check the official guidance if I was you, to confirm they have given the correct answer and avoid a refusal.

Originally Posted by atk97l96
Paid the NHS surcharge this morning, and I noted dependants and due to BC citizenship they were charged at 0.00.
No British citizen has to apply for an Immigration Health Surcharge number. The IHS is for foreign nationals who dont hold ILR (Indefinate Leave to Remain).

If a Brit resides in the UK or an EEA country, then they can use their own NHS for free. If they visit, then they have to pay to use the NHS: for this reason, when you register you and your British children with a GP, you will need to prove you are British and residing in the UK and not just visiting. UK passports and perhaps give registration proof of your childrens new schools as you won't have a rental agreement? Or phone and ask the surgery what proof they require?

Your husband will need to pay the IHS, to generate an IHS number for his Tier 4 application. This IHS number will cover him for free NHS up to the end date his Tier 4 visa. He will need to show his Biometric Resident Permit to be able to use the NHS for free.

If you plan to switch him to a spouse visa when you meet the financial requriement to sponsor, he will need to pay the IHS again. It doesn't read like he will get an IHS rebate for his unused time on his Tier 4 visa. It only started in April 2015, so we don't really know yet.

Last edited by formula; Jul 3rd 2015 at 11:14 am.
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Old Jul 3rd 2015, 11:27 am
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Default Re: Tier 4 - Dependants are British Citizens

Originally Posted by atk97l96
Hi


5. Also, my mum has offered accommodation for the duration of his course or until I have a confirmed job to rent a place of our own. (I'm currently in negotiations with a previous employer at £30 000.00 p/annum - but it won't be confirmed in time for the visa app). Can we show this in his visa application and how should we show it?

no, wait till you have the job, doing it for six months & as formula mentioned you'd be in a position to then look into sponsoring him
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Old Jul 3rd 2015, 12:13 pm
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Default Re: Tier 4 - Dependants are British Citizens

Not2old - Sorry I meant providing evidence of the accommodation my mum is offering not the potential job.
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Old Jul 3rd 2015, 1:40 pm
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Default Re: Tier 4 - Dependants are British Citizens

Originally Posted by atk97l96
Not2old - Sorry I meant providing evidence of the accommodation my mum is offering not the potential job.
Just had a quick read of that Tier 4 guidance link I posted and only under the first parts of the living costs and course fees part.

They use the word "show" in both sections which implies they want proof that he already has this money when he applies for a Tier 4 visa.

It appears there won't be a reduction for staying with your mother if that is what you were asking in your question 5? Did you read somewhere else in the Guidance that there would be? As said, I didn't read it all.

No established presence in the UK as a student: requires him to "show" with his visa application that he already has the 9 months money for his living costs at either the London rate or outside London rate (depending where his university is). And "show" he already has the money for his course fees.

As you quoted the outside London rate I assume his univeresity is outside London? From your calcultaions he will need to "show" that he already has £17,580 when he applies for a visa, although £5,100 of that total will be the proof that he has already paid some of his course fees.



EDIT The Money that can be used section is quite clear (Numbered 163 on Page 38) on that link I gave:-

Tier 4 student applicants have to show they have the required finances for a visa by providing proof of :-

Cash funds in the bank, includes savings or current account even when notice must be given.

OR

Loan letter from a national government/government sponsored student loan company/educatioanl student loan scheme

OR
Government sponsorship

Last edited by formula; Jul 3rd 2015 at 2:23 pm.
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Old Jul 3rd 2015, 2:38 pm
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Default Re: Tier 4 - Dependants are British Citizens

OK, Thank you both! Yes we will be outside London - Harper Adams

I just wasn't sure where the investment fund fits, as the letter states that it's an investment account which allows us to withdraw the amounts at any time and that it is available within 14 days from instruction to Old Mutual...

Looks like we are safe and there on the money anyway without the extra income my only concern is we had about 12, 100 + 5, 100 already paid = 17 200.00 until 21st June.

On the 21st June funds were paid in then from an auction carried out on the 28th May, we had issues with the auctioneers paying out as they should have.

From then on we have had over 15,000 plus the amount already paid of 5,100 = 20,100.00 but I know they are firm on the 28 days which means waiting until the 19th July to submit for the visa and I'm worried it will be cutting it fine for receiving the visa ready to go on the 31st August, the kids start school on the 9th September and I don't want to travel without my husband.

I'm just hoping these extra income's or investment fund push us over enough that we can apply now (Monday which is only 15 days after we received the extra amount). At present using oanda we have approx £15,500 after paying his health surcharge.
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