financial requirements (Gift)
#1
financial requirements (Gift)
Hey all,
Right after a few discussions... we could finally get the £62,500 as a gift,
could my wife hold this in her account and she needs to hold it for 6 months before she applies? (its killing her and me flying back n forth getting seriously peed off)
so we would need.
The money (obviously)
The forms
proof of marrage
passport copies
proof where i live
what else am i missing guys?
anyone?
She would only use the money to get the visa then give it back once she has it, (no rule/law states you need it to keep the visa running/legal etc)
Right after a few discussions... we could finally get the £62,500 as a gift,
could my wife hold this in her account and she needs to hold it for 6 months before she applies? (its killing her and me flying back n forth getting seriously peed off)
so we would need.
The money (obviously)
The forms
proof of marrage
passport copies
proof where i live
what else am i missing guys?
anyone?
She would only use the money to get the visa then give it back once she has it, (no rule/law states you need it to keep the visa running/legal etc)
#2
Re: financial requirements (Gift)
Not quite as simple as that! The money must be a genuine gift, with a letter from the donor stating that. It is also advised to show the bank statement of the donor to show the money keaving their account (without leaving them destitute) and your wife's account showing the money being deposited. The money must not be a loan. Though I wonder how many such gifts are in fact! The money must be in the account for six months before the application is submitted.
You have the list of documents correct but hope you are aware of what you have to present to prove each requirement is met? Not such a simple list!
Have you checked the guidance notes and the Wiki link on this forum? It gives good information on all the requirements. All the best.
You have the list of documents correct but hope you are aware of what you have to present to prove each requirement is met? Not such a simple list!
Have you checked the guidance notes and the Wiki link on this forum? It gives good information on all the requirements. All the best.
#3
Re: financial requirements (Gift)
Well 'were' lending the cash as its a 'gift' my wife will hold it in her account for 6 months then start the applying.... i'm pretty sure it will go smoothly, as she has met the finanicial requirement.
The marrage is legit, we also have a 2 year old boy well almsot 2... who lives and is legal in UK. i also have a housing im renting and have stable income for bills etc.
Husband can provide
- Copy of my passport
- Proof of marriage
- Proof of address
- Proof we have a son i.e his passport/birth certificate
Wife Can provide
- Wife will also have a copy of her passport
- Bank statement (showing £62,500 been in the account for 6 months)
And pay the FAST TRACK service which is almost a grand £1000 right?
I think we'll be alright.
any suggestions michali or anyone?
oh and would claiming benefits effect her application ? (i claim child tax creds n child benefit)
i've already secured a house here and paying my way bills she has money to meet the 'financial req'
is there any grounds they could refuse her? even tho she meets the requirements? (i know there a fussy lot them)
The marrage is legit, we also have a 2 year old boy well almsot 2... who lives and is legal in UK. i also have a housing im renting and have stable income for bills etc.
Husband can provide
- Copy of my passport
- Proof of marriage
- Proof of address
- Proof we have a son i.e his passport/birth certificate
Wife Can provide
- Wife will also have a copy of her passport
- Bank statement (showing £62,500 been in the account for 6 months)
And pay the FAST TRACK service which is almost a grand £1000 right?
I think we'll be alright.
any suggestions michali or anyone?
oh and would claiming benefits effect her application ? (i claim child tax creds n child benefit)
i've already secured a house here and paying my way bills she has money to meet the 'financial req'
is there any grounds they could refuse her? even tho she meets the requirements? (i know there a fussy lot them)
#4
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: financial requirements (Gift)
Take legal advice.
Claiming benefits at the same time as using decepetion to get a visa: don't forget that all benefits agencies can ask for copies of your bank statements at any time or, as you are claiming benefits, they can just get your bank to show them without asking you. If they see this lump sum going out, then can ask you to explain this.
All benefits agencies share information with UKVI now but Tax Credits and Child Benefit are dealt with by HMRC and they don't miss a trick. I've lost count of the number of posts from those with visas who have been caught out by UKVI working closely with HMRC. Using deception to get a visa is a 10 year ban.
The UK has just had another part of the Immigration Act 2014 come into force. Most can no longer appeal in country and now have to leave the UK and appeal their visa refusals from their own country. If caught and her visa revoked for deception, I don't know if your wife will be allowed to remain in the UK while she appeals.
Child Benefit is based on the income of one of the parents. If they earn over about 50k then it starts to reduce. The savings won't change that.
Tax Credits it will affect and you will have to declare all your savings to Tax Credits. They will work out the interest you get on that money (at their rate and not the interest rate you will get) and use that in your calculation.
You will have to declare your savings (including this gift of 62.5) with your TC claim each year as they decide how quickly you are allowed to spend it. Just giving it back won't work as they will ask what you have spent it on and will treat you as still having this money as you are not allowed to give money to get more benefits. Plus they will have proof this is your money as the person who gave you this money will have signed to say that and that they don't want it back.
Your gift will have to be declared to Tax Credits asap to avoid an overpayment this tax year. Any overpayment will be have to be paid back next year. On top of that repayment, Tax Credit benefits are being reduced from April 2016 as per the recent law passed in parliament.
When Tax Credits are replaced by Universal Credit you can't claim UC with that amount of savings even if you have returned it, for the same reason, you can't give money away to get more benefits. Universal Credit will have a 16k cap. I'm not sure if you will be given transitional protection when you are moved to UC from TCs.
Any other income based benefits you are getting will be stopped as there is a 16k cap. The same again, they will treat you as having this money even when you have given it back as you are not allowed to give money away.
If you lose your job, that amount of savings will stop you getting income based JSA for a long, long while and you will not be allowed any housing benefit either as both those benefits have a cap of 16k savings. The council have no duty to rehouse you if you got thrown out as you didn't pay your rent. The same if you get sick and wanted income based ESA and Housing Benefit, that 62.5k will stop you getting that too. Like Tax Credits, the DWP and UKVI also share information with each other.
As you will have to hold this gift for 6 months anyway, then why not just take a second job to make the 18.6? Then in 6 months time, instead of your wife having to use deception to get a visa by pretending this isn't a loan, she could enter on a visa legally, on your earnings. Without taking that gift, if you lose your job you will be able to claim help with the rent and get jobseeker's allowance if you are under 16k in savings.
Claiming benefits at the same time as using decepetion to get a visa: don't forget that all benefits agencies can ask for copies of your bank statements at any time or, as you are claiming benefits, they can just get your bank to show them without asking you. If they see this lump sum going out, then can ask you to explain this.
All benefits agencies share information with UKVI now but Tax Credits and Child Benefit are dealt with by HMRC and they don't miss a trick. I've lost count of the number of posts from those with visas who have been caught out by UKVI working closely with HMRC. Using deception to get a visa is a 10 year ban.
The UK has just had another part of the Immigration Act 2014 come into force. Most can no longer appeal in country and now have to leave the UK and appeal their visa refusals from their own country. If caught and her visa revoked for deception, I don't know if your wife will be allowed to remain in the UK while she appeals.
Tax Credits it will affect and you will have to declare all your savings to Tax Credits. They will work out the interest you get on that money (at their rate and not the interest rate you will get) and use that in your calculation.
You will have to declare your savings (including this gift of 62.5) with your TC claim each year as they decide how quickly you are allowed to spend it. Just giving it back won't work as they will ask what you have spent it on and will treat you as still having this money as you are not allowed to give money to get more benefits. Plus they will have proof this is your money as the person who gave you this money will have signed to say that and that they don't want it back.
Your gift will have to be declared to Tax Credits asap to avoid an overpayment this tax year. Any overpayment will be have to be paid back next year. On top of that repayment, Tax Credit benefits are being reduced from April 2016 as per the recent law passed in parliament.
When Tax Credits are replaced by Universal Credit you can't claim UC with that amount of savings even if you have returned it, for the same reason, you can't give money away to get more benefits. Universal Credit will have a 16k cap. I'm not sure if you will be given transitional protection when you are moved to UC from TCs.
Any other income based benefits you are getting will be stopped as there is a 16k cap. The same again, they will treat you as having this money even when you have given it back as you are not allowed to give money away.
If you lose your job, that amount of savings will stop you getting income based JSA for a long, long while and you will not be allowed any housing benefit either as both those benefits have a cap of 16k savings. The council have no duty to rehouse you if you got thrown out as you didn't pay your rent. The same if you get sick and wanted income based ESA and Housing Benefit, that 62.5k will stop you getting that too. Like Tax Credits, the DWP and UKVI also share information with each other.
As you will have to hold this gift for 6 months anyway, then why not just take a second job to make the 18.6? Then in 6 months time, instead of your wife having to use deception to get a visa by pretending this isn't a loan, she could enter on a visa legally, on your earnings. Without taking that gift, if you lose your job you will be able to claim help with the rent and get jobseeker's allowance if you are under 16k in savings.
Last edited by formula; Sep 28th 2015 at 3:01 am.