Benson55

I guess only cash savings would really apply as they can be withdrawn fats.
Have this guy checked with the HK government if he can withdraw for this purpose and put it in a cash account

HKG3

The answers do not look good for the OP -

Early Withdrawal of Benefits

Out of the six legal reasons that the OP can withdraw his/her MPF investments, it appears only (1) may be possible.

sarahhk

I cannot withdraw until i have UK settlement visa, but for your information i am not totally relying on this fund as i have most of the funds in savings but to make it 62500 i need these fund to be counted

Benson55

You could get a lawyer, or notary, to draw up an affadavit to say that the funds are there and will be used to get to the 62,500.

sarahhk

This funds cannot be withdrawn until i leave HK and i am not fully relying on this fund but these fund needs to be counted to make it 62500 .

SanDiegogirl

As per my earlier not I do not believe you can use these funds as they are not immediately available to you.

You cannot withdraw them until such time as you can prove you have residency somewhere else, and if you are dependent on these funds to enable you to qualify for the visa, they have to be immediately available.

You are in a catch 22 situation here.

sarahhk

I agree with you but these funds will be available to me during the period of limited leave applied for. The statement below creates more confusion mentioned in Exceptional circumstances


10.3. The decision-maker should then consider any information and evidence provided by
the applicant as to other sources of income, financial support or funds. Paragraph 21A of
Appendix FM-SE sets out the types of source which can be taken into account (in addition to
the specified sources referred to in Appendix FM, in, as appropriate, paragraph E-ECP.3.2., E-LTRP.3.2., E-ECC.2.2. or E-LTRC.2.2.). These are:


(c) any other credible and reliable source of income or funds for the applicant or
their partner, which is available to them at the date of application or which will
become available to them during the period of limited leave applied for. This
could include, for example, cash savings of the couple (of less than £16,000, or held
for less than 6 months at the date of application where paragraph 11(c) or 11(d) of
Appendix FM-SE does not apply), or an investment or financial product owned by the
couple (e.g. an endowment policy which has not yet matured but will pay out within 30
months of the date of application), which Appendix FM-SE does not otherwise permit
to be taken into account under the minimum income requirement.

SanDiegogirl

Oh well..... if you think you have exceptional circumstances as per the below:

Exceptional circumstances

1. GEN.3.1.(1) Where:
   1. (a) the financial requirement in paragraph E-ECP.3.1., E-LTRP.3.1. (in the context of an application for limited leave to remain as a partner), E-ECC.2.1. or E-LTRC.2.1. applies, and is not met from the specified sources referred to in the relevant paragraph; and
   2. (b) it is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child;

then by all means use the MPF funds and fight your case if refused ........

sarahhk

Sorry I didn't mentioned before but I do have a British child who is living with me here in HK

sarahhk

Funds are in financial institution under my name I have statement to prove

Uxbridge219

SanDiegogirl

You are living in HK with your child. You wish to move to the UK on a spouse visa.

You may or may not have the necessary financial requirements. If you do not, personally, I do not see what exceptional circumstances you have which would constitute unjustifiably harsh consequences should your application be refused.

Novocastrian

I can't see how this can work for you. The savings route requires you to have £62,500 which is and has been under your control for 6 months at the date of your application. Your MPF monies can't be under your control at that time.

Silly? Yes. Unfair? Yes. Inflexible? Yes.

spouse of scouse

Including unnecessary information such as this is not recommended, it won't make any difference at all the the outcome of the application and just gives the ECO more paperwork to wade through.

sarahhk

My son and my wife had to move to HK as my UK spouse visa was rejected 4 years ago due to MIR.