Any advice please

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Old Dec 19th 2005, 10:13 pm
  #1  
tny
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Smile Any advice please

Hi

My daughter sent her application for a defacto-spouse visa recently. A few days later she got a phone call from her case worker to do a telephone interview, we assume. A few hours later she called again to mainly say she has insufficient evidence and would she get more.

My daughter was quite shocked as she sent everything she had to them and told the CO that. The CO then tried to help with suggestions eg. did they nominate each other for next of kin at work, have they got any further official docs.

She went on to say, write a statement as to why you do not have any more things. Bills etc. We suppose in both names. Also her parents have to write another stat dec telling them the situation at home, which is where they are living by the way.

It seemed obvious the CO had not read what was submitted properly as she didn't realise we had already sent stat decs in from parents and there was other things she should have known but didin't.

The CO has sent an e-mail requesting further evidence, Aus police checks and medicals. We hoped this would confirm what they wanted but it was a general request for more evidence.

It will be twelve months since they have both lived together at the family home soon. Which will make a total of 22 months they've been together. They started living together in May last year.

Will the fact that we can provide a new stat dec confirming this latest 12 mth period at our house, mum and dads, be what they want? Will the other statement requested of no further evidence because they did not need to put my daughter on documents etc. when they lived together in Aus for 6 months and if they did it would probably reflect a less genuine relationship.

The CO also queried why they did not have a joint account in the UK. This again should be obvious as under money laundering regs you have to be in the UK at least 12 months before you can have an account, joint or otherwise. This also left us confused and with little confidence in the CO.

What do you think about the CO's apparent lack of reading the info we sent and her UK bank account knowledge? What is involved in a review if this becomes necessary? Can you change your CO?.


Please Help

Tone
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Old Dec 20th 2005, 5:33 am
  #2  
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Post Re: Any advice please

Originally Posted by tny
The CO also queried why they did not have a joint account in the UK. This again should be obvious as under money laundering regs you have to be in the UK at least 12 months before you can have an account, joint or otherwise. This also left us confused and with little confidence in the CO.

What do you think about the CO's apparent lack of reading the info we sent and her UK bank account knowledge?

The CO is correct - you are not. There are no regulations to say you cannot have a bank account immediately you arrive in the UK.

One of the strongest pointers as to whether a couple is genuinely de facto is the joint or separate nature of their finances.

Cheers

Buzzy
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Old Dec 20th 2005, 6:52 am
  #3  
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Default Re: Any advice please

Originally Posted by Buzzy--Bee
The CO is correct - you are not. There are no regulations to say you cannot have a bank account immediately you arrive in the UK.

One of the strongest pointers as to whether a couple is genuinely de facto is the joint or separate nature of their finances.

Cheers

Buzzy
Agree with buzzy - there is no regulation that you must be in the UK for 12 months before you can have a bank account.
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Old Dec 20th 2005, 7:32 am
  #4  
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Default Re: Any advice please

Originally Posted by tny
Hi

My daughter sent her application for a defacto-spouse visa recently. A few days later she got a phone call from her case worker to do a telephone interview, we assume. A few hours later she called again to mainly say she has insufficient evidence and would she get more.

My daughter was quite shocked as she sent everything she had to them and told the CO that. The CO then tried to help with suggestions eg. did they nominate each other for next of kin at work, have they got any further official docs.

She went on to say, write a statement as to why you do not have any more things. Bills etc. We suppose in both names. Also her parents have to write another stat dec telling them the situation at home, which is where they are living by the way.

It seemed obvious the CO had not read what was submitted properly as she didn't realise we had already sent stat decs in from parents and there was other things she should have known but didin't.

The CO has sent an e-mail requesting further evidence, Aus police checks and medicals. We hoped this would confirm what they wanted but it was a general request for more evidence.

It will be twelve months since they have both lived together at the family home soon. Which will make a total of 22 months they've been together. They started living together in May last year.

Will the fact that we can provide a new stat dec confirming this latest 12 mth period at our house, mum and dads, be what they want? Will the other statement requested of no further evidence because they did not need to put my daughter on documents etc. when they lived together in Aus for 6 months and if they did it would probably reflect a less genuine relationship.

The CO also queried why they did not have a joint account in the UK. This again should be obvious as under money laundering regs you have to be in the UK at least 12 months before you can have an account, joint or otherwise. This also left us confused and with little confidence in the CO.

What do you think about the CO's apparent lack of reading the info we sent and her UK bank account knowledge? What is involved in a review if this becomes necessary? Can you change your CO?.


Please Help

Tone
A few suggestions:
Did they have a joint account while in Australia?
Did they include evidence of living together in Australia?
Do the two of them not have anything official addressed to them where they are living in the UK - even if there is stuff addressed to her, and stuff to him, if they are shown to be at the same address it helps.Stuff like nextof kin at work is easy to do, and shows commitment - also, go to WH Smith and get a "write your own will" kit - leaving their goods to each other is another example of commitment.
Write the statement about them living at the family home, and if they both contribute financially, include proof of this - rent money paid into parnets bank account maybe?
Do you have any Stat decs from people - friends or family - that they knew in Australia? Where are they planning to live once they are here? If its with family then a Stat Dec from the family here could help.

What sort of evidence - apart from the Stat dec from the parents - have they already included?
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Old Dec 20th 2005, 4:15 pm
  #5  
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Smile Re:

Originally Posted by Pollyana
A few suggestions:
Did they have a joint account while in Australia?
Did they include evidence of living together in Australia?
Do the two of them not have anything official addressed to them where they are living in the UK - even if there is stuff addressed to her, and stuff to him, if they are shown to be at the same address it helps.Stuff like nextof kin at work is easy to do, and shows commitment - also, go to WH Smith and get a "write your own will" kit - leaving their goods to each other is another example of commitment.
Write the statement about them living at the family home, and if they both contribute financially, include proof of this - rent money paid into parnets bank account maybe?
Do you have any Stat decs from people - friends or family - that they knew in Australia? Where are they planning to live once they are here? If its with family then a Stat Dec from the family here could help.

What sort of evidence - apart from the Stat dec from the parents - have they already included?
Thanks Pollyanna

Yes to all of the above. Loads of envelopes addressed to each in Aus and here. Some cards with both names on. They opened a saving account in September 2004 in Aus but had problems opening an account here due to money laundering regs.

It seems the problem lies in that the 6 months they were in Aus living together they did not need to have anything official in joint names. My daughter just contributed to the rent and bills then when they both moved in with us they paid us towards food costs. So it was apparently unnecssary to have official documents here too.

I suppose they have been relying on all the mail they got at both addresses and the joint bank accounts in Aus and Spain they had with related statements. There was some official type docs included however, like a rental bond form, electricity bill in her partners name for the place they had in Aus.

They did do wills also and 6 stat decs 3 from each family. We were careful to include evidence examples we saw on this site.
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