Help! Need advice on relying on cash savings...

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Old May 7th 2014, 2:15 pm
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Default Help! Need advice on relying on cash savings...

I'm applying for a UK Spouse visa & I need some advice on meeting the financial requirements.

My husband (UK citizen) and I have both been living in Thailand for 7 months now, studying. Neither of us have worked during this time.

We have combined cash savings of around 50K. I'm aware that we need at least 62.5K in order for my application to be successful.

My question is - is there any other option for us to meet the financial requirements? Letter of a job offer in the UK for my husband?

Also, all of our current savings have been in our account for over 6 months. What if a family member was to pay the shortfall into one of the accounts now?

Thank you

Last edited by geishagirl2014; May 7th 2014 at 2:57 pm. Reason: Needed to add more information
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Old May 7th 2014, 3:31 pm
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Default Re: Help! Need advice on relying on cash savings...

I don't pretend to be an expert but first read the wiki:
http://britishexpats.com/wiki/Spouse_Immigration-UK_

You can combine savings and earnings - there is a formula.

Someone can 'gift' you the money that you are short - it can not be a loan - but I believe it has to be in your control for six months before you can apply.

You say you have been studying for 7 months - what about the previous 5 months? Did you work? If you made more than 18600 GBP in that five months then you might meet the earnings requirements (not positive and that some else might chime in).

Other things to consider:
Your nationality? Can you get EU passports? Do you have EU relatives/parents?

Good luck,
Cheers
Nigel
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Old May 7th 2014, 3:36 pm
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Default Re: Help! Need advice on relying on cash savings...

Originally Posted by ncoomber
I don't pretend to be an expert but first read the wiki:
http://britishexpats.com/wiki/Spouse_Immigration-UK_

You say you have been studying for 7 months - what about the previous 5 months? Did you work? If you made more than 18600 GBP in that five months then you might meet the earnings requirements (not positive and that some else might chime in).
Can anyone else confirm this is correct? If it is, can it be combined salary?
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Old May 7th 2014, 6:51 pm
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Default Re: Help! Need advice on relying on cash savings...

Read the following document carefully to see if you can meet the financial requirements under any of the categories:

https://www.gov.uk/government/upload...e_20140324.pdf

You can combine current earnings with future earnings and savings.

With the situation you describe above - having letter of employment for job in UK (job must start within 3 months of returning) - then you also need to have been earning during the previous 12 months. Savings can be used to make up shortfall.

Start reading from 5.4 to see if you can qualify under this category.
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Old May 8th 2014, 8:21 am
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Default Re: Help! Need advice on relying on cash savings...

It all comes down to your husband's set up:
If he is earning over 18,600GBP in thailand now and has been with his employer, at that salary for at least 6 months AND has a job offer in the UK, starting within 3 months of your planned return date, also paying over 18,600GBP then you don't need to worry about the savings.

If he falls short of the 18,600 on either of these counts then you can use your savings to make up the shortfall. With 50,000GBP savings that means the minimum salary needed is reduced by (50,000-16,000)/2.5 = 13,600 which means he only needs a salary of 5,000GBP.

The rules stipulate that you can only count the savings once. Quite what that means is unclear but to be on the safe side I'd suggest that you can only fall short on either the historical (Thai) income or the future (UK) income not both. You may want/need to argue that it means you can split your savings into two pots and make up two smaller shortfalls but quite how this would work would be a matter for lawyers and an attempt to do so would probably lead to you being put on hold for 12-18 months pending the outcome of the "MM appeal".


If you are going to use the route suggested above where your husband is no longer in employment or changed jobs in the last 6 months and you look at total earnings over the past 12 months then you need to be aware that you cannot use savings to make up any shortfall in this amount - only in the future (UK) earnings which he will need to show.


I hope this hasn't made it too much less clear.
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Old May 8th 2014, 3:48 pm
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Default Re: Help! Need advice on relying on cash savings...

Originally Posted by geishagirl2014
Can anyone else confirm this is correct? If it is, can it be combined salary?
It's only your husband's (UK citizen) income which can be taken into consideration - whether it's his current earnings or potential earnings (if he has a job offer). YOUR income does not count in any circumstances UNLESS it's in the form of a pension.

Also, you cannot accept LOANS from third parties to make up the shortfall - only gifts which do not need to be paid back and you need to have the monies in your account for 6 months minimum.
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