SanDiegogirl

Why can't you use the monies from the sale of your home for the financial requirements?

You can use the UK citizens Social Security pension together with the monies from the sale of the home to make up the financial requirements.

You would need to have the monies in a bank account for 6 months prior to applying for the spouse visa.

The following document explains:

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

DaveLovesDee

I suppose you could sell the house, leave the money in the bank, then rent until your application is successful.

Perth

This is exactly what we will be doing. Also,I do believe that retirees can use their joint income (such as social security and investments) in the application, whereas those still working can only use that of the UKC.

gailc

Wouldn't be a problem if the house was paid off, but it isn't - it should have been, but for various reasons it isnt.
We should be able to sell the house for enough, but we can't afford two rents (one here and one in the UK) for 6 months in the hope my husband did get his visa. Plus we have 4 pets and shipping a certain amount of our furniture would have to come out of it as well. I would not ever consider leaving my animals - they are what has kept me sane, for the most part, over the years.
Thanks for the link - will check it out.

gailc

We have no investments (any more) - just SS and the money from the sale of the house.
I am one of those people who like to see things in writing - not just throw my hands up in the air and hope for the best. Suppose I need to be more adventurous.
It is all so 'iffy' at best.

rebeccajo

It is in writing. I'm not on my usual PC - if I were I'd give you the link.

But it's quite clear in the new rules that pensions of either spouse can be used for qualification. And unlike rules for employment, one can be in receipt of that pension for as short a time as one month.

This is actually one place in the rules where they used common sense.

FWIW to these conversations about the use of savings - I'm told that the Home Office is finding it "hard" to implement the rules they've written regarding savings and investments. I try not to get my hopes up regarding changes to the rules. But I'm hoping we may find some future relaxation of the rigid "cash" requirement for proof of wealth.

Perth

Rebaccajo, not sure if you are an expert in this but there is something I am confused about. I know it's been mentioned in passing somewhere, but usually the conversation doesn't get beyond the need to have 62,500.

Equally as important is how long you must have this amount after you have been granted the visa and relocated to the UK. From what I understand, you must have the FULL amount when applying for the next stage of the visa in 2.5 years. This means that you should have more than the 62,500, if you do not plan on working, as you have to have something else to live on for 2.5 years.

Then...this is where I am confused...how much must you have at 5 years (at the final stage of application)? I had once seen only 16,000 (which is the point at which you cannot claim benefits). However, it seems odd that they should not allow you to spend any of the original sum for 2.5 years, but then you can blow through 46,500 in the next 2.5 years

gailc

Actually, Rebaccajo, you have been very helpful - at least there is a glimmer of hope.
I hope you can put the link you mentioned on here sometime as I have never seen anything regarding Social Security payments on anywhere.
Thank you - gailc

gailc

This is the American Social Security in our case. I do get a very tiny amount of UK Pension, but hardly worth mentioning. But, we still get our SS no matter what country we live in so it shouldn't make any difference.

SanDiegogirl

That is what I meant. You can use your Social Security from the US to make up the financial requirements.

It's all in the link I sent you. If you read it carefully it sets out what monies can be used with what, i.e. employment income + savings; pensions +savings; income + investments etc etc.

rebeccajo

The link SanDiegogirl gave you is the same I would have put up. However.......

rebeccajo

........the rules have been modified a couple of times since they were first announced and it's really really difficult to find your way around them on the internet. Original links to information on broken everywhere, including the Home Office website. So, the link SanDiegogirl put up is one of many that still works. But a person has to scour around to find some of the other bits.

Within the original statement of intent is a table that explains this language, also from the original statement:

"In respect of the use of cash savings to meet any shortfall against the income threshold under the financial requirement:

To be counted, the sponsor, the applicant or both jointly must have cash savings of more than £16,000 (the level of savings at which a person generally ceases to be eligible for income-related benefits), held by the sponsor, applicant or both jointly (but not with a third party) for at least 6 months at the point of application and under their control.

The amount of cash savings above £16,000 can be counted against any shortfall against the £18,600 income threshold (or the relevant higher figure where a child or children are also being sponsored).

This will be done on a basis that either multiplies the amount of the shortfall by 2.5 – the probationary period (30 months or 2.5 years) to be served before the applicant has to apply for further limited leave or for indefinite leave to remain – or, at the indefinite leave to remain stage, is equal to the amount of the shortfall.

For example, where the sponsor and applicant have no income which may be
counted towards the financial requirement, £62,500 in cash savings will be required for the financial requirement to be met at the entry clearance/leave to remain stage or at the further leave stage, i.e. the ‘floor’ amount of £16,000, plus 2.5 times the shortfall of £18,600. At the indefinite leave to remain stage, the same couple will require £34,600 in cash savings to meet the financial requirement by that means alone, i.e. the ‘floor’ amount of £16,000, plus the shortfall of £18,600. "

In essence this means the savings requirement drops down when the foreign spouse applies for ILR at the end of five years residency. Which means you could spend some of your cash after a successful grant of FLR (the application made after 2.5 years of residency).

Here is the link to the original statement of intent:

http://www.ukba.homeoffice.gov.uk/si...oi-fam-mig.pdf

The table which gives examples of the explanation can be found on page 45 of that document.

WEBlue

Brilliant post!!! Thank you for this clear explanation, Rebeccajo!

I'd forgotten all about the Statement of Intent, which is in in many ways MUCH easier to understand than any other page or document that purports to inform us about the new rules, but just muddies the water further with fuddled language, glaring omissions, & dead links that go nowhere.

I do like the colour-coded table following page 45, too--very helpful in keeping the various combinations of savings/income types straight in one's mind!

Perth

Ah yes, there it is right there! This document is brilliant. Had not seen it before. Thank you so much!

rebeccajo

Found this article today while doing my usual game of "follow the links". The sentiments within mirror my own.

http://thejusticegap.com/News/theres...s-media-myths/