aliactuary

Hello everyone,

I am trying to apply for spouse visa for my wife.

I am have a query which I could not find the answer to in the guidance notes of Home office.

I have a bank balance equivalent to around 35000 pounds, the balance has not dropped below 35000 for the last two months. Now to meet the shortfall to get to 62500, I had planned to sell a property just before we apply for the visa. The property is worth at least 30000 and I have owned the property for over a year. So my question is whether I am allowed to do this under the immigration rules?

Because the balance in the bank would only be 35000 gpb for the 6 month period and would only cross 62500 just at the end of the period. Please guide if I am doing it right?

Would highly appreciate guidance of senior members here. Many thanks.

SanDiegogirl

The following is taken from Appendix FM-SE

11. In respect of cash savings the following must be provided:

1. (a) personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person or of the person and their partner jointly throughout the period of 6 months prior to the date of application.

In your scenario, until such time as you obtain the money from your house sale and add it to the money in the account, at no point have you held 62,500 GBP (the amount you need to apply for the visa) for the necessary 6 months.

When you have combined these two amounts of savings, that is when your 6 month starts.

spouse of scouse

That's exactly what I initially thought SDG. But thinking about it some more, since funds from the sale of a property can be utilised immediately maybe the OP would be ok? For example, if the OP's financial requirement amount is £62,500 and the existing funds in his/her bank account haven't dipped below £32,500 in 6 months prior to application*, then adding £30,000 from the sale of a property that he/she can prove they've owned for the required amount of time should be ok?
*OP, you've said that your account balance hasn't dropped below £35,000 for 2 months - the amount you rely on in your application must have been in the account at that level or greater for 6 months.

SanDiegogirl

Hi SOS, Yes, I had two thoughts about this too.

I have interpreted the 6 month clause and the following clause - at least the level of cash savings relied upon in the application - as meaning that you need to show you have had that specific amount for the whole of the 6 months.

So, if you need 62,500GBP to qualify, you must have had that full amount in your possession for a minimum of 6 months. In the OP's case I believe he is adding to his original 35K to bring it up to 62,500 by the sale of the property.

I could very well be wrong ...... most cases that we have heard about with people using savings from home sales, they are using the proceeds of the sale to fulfill the full amount needed for the application. So in their cases, they have owned the properties for 6 months or more, the proceeds cover the necessary savings needed, they deposit the proceeds into an account, they apply - no problem. Not so sure about the OP's case, in that he is making up the cash savings from two very different sources.

However, as said, could very well be incorrect - it's just my interpretation.

blackscholes

In the Op's case, if he sells his property for 30000, he faces a shortfall of 32500. But if the shortfall of 32500 has already been in the bank account for 6 months prior to application, wouldn't it be okay as he says he has bank savings of 35000 already?

SanDiegogirl

This is how SOS has interpreted the criteria..........