What to do about bank statements in DF and EX name?

Help! Just when we thought we had everything sorted and all the paperwork in order...my DF didn't mention until *today* that his bank account still has his ex's name on it. Apparently he couldn't get her off until the divorce was final (last week). We won't go into why he didn't just open a new account in his name only THREE YEARS AGO because neither of us has a Tardis anyway.

So he's sent her a form from the bank to sign which she's helpfully said she will "pass along to her solicitor". He's hoping she will just sign it and he can get the bank to somehow print off the past 6 months' worth of bank statements without her name once that's done.

But is there anything else we can do to get around this? A letter explaining the divorce timeline showing when the Decree Absolute was issued?

I've read through the 28 pages of the Appendix FM-SE and there doesn't seem to be any help here. It just says the account needs to be in his name alone.

The problem is that as the account is in both of their names, she has a right to 1/2 of what's in the account.  Divorce doesn't change that.  So, if you are relying on his income because her name is on the account, she is entitled to 1/2 and that is all that will be counted towards meeting the financial requirement.

I have no idea if the bank will retroactively remove her name and reissue the statements.

Is it wrong that this made me giggle? It's such a man thing to do.

If you are not using savings to meet the requirements, her name on the account should not affect your application.

But not his brightest move.  She's had the right to take money from that account for three years!

He's only using income and his income more than meets the financial requirement, but the appendix clearly states the account needs to be in his name and his alone. He can show the amount he gets paid via the HR letter, his payslips, and bank account statements, but her name is on them too.

"(a) Bank statements must:
(iii) in relation to personal bank statements be only in the name of:
(1) the applicant's partner, the applicant or both as appropriate..."

Any idea how we can get around this? Please don't tell me we need to get her name off and wait for 6 months of statements to apply?

He *says* she doesn't have access anymore (no bank card, etc) but I don't know what would stop her from walking in the bank and withdrawing all his money if her name is on the account too?

Is it wrong that this made me giggle? It's such a man thing to do.

If you are not using savings to meet the requirements, her name on the account should not affect your application.

But not his brightest move.  She's had the right to take money from that account for three years!

I know right? Like, you didn't think of this before now? I asked him and he said she's been blocked from removing money from the account. I'm not sure how he did that.

He is only using income to meet the financial requirement (not savings), so if he makes more than twice the requirement, would we still be OK? Even if they assume that she gets half (which she doesn't) we would still make the 18,600 (or 18,900 I don't remember off-hand) amount?

It doesn't matter that she has no bank cards. Her name on the account gives her access and the right the 1/2 the money in the account whether you are applying with savings or income.  I don't think you have any choice but for him either to open a new account or get the ex's name off his current account and wait 6 months.

If he makes more than double of £18,600 you should be ok.  Blocked or not, with her name on the account she's entitled to 1/2.

"(a) Bank statements must:
(iii) in relation to personal bank statements be only in the name of:
(1) the applicant's partner, the applicant or both as appropriate..."

Where are you pulling that from (which page or section)?  I know he can't have an outside name on an account if meeting the requirement through savings but not Category A or B.  The UKVI don't dare about the balance in the account.  They want evidence that his pay is in fact being received by him as stated on his payslips.  That is all they are using the statements for. In theory, he could hand over 100% of his salary to his ex and you would still qualify.  UKVI is only focused on incoming salary, not outgoing expenses (it's odd but true).

Where are you pulling that from (which page or section)?  I know he can't have an outside name on an account if meeting the requirement through savings but not Category A or B.  The UKVI don't dare about the balance in the account.  They want evidence that his pay is in fact being received by him as stated on his payslips.  That is all they are using the statements for. In theory, he could hand over 100% of his salary to his ex and you would still qualify.  UKVI is only focused on incoming salary, not outgoing expenses (it's odd but true).

It's from FM-SE which are the immigration rules used by ECOs to decide an application as is this:

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/370978/20141106_mmigration_rules_appendix_fm_se_final.pdf

Yes, the Guide to Supplemental Documents for Settlement visas refers to Appendix FM-SE, which is where I got that information about the bank account needing to be in his name only.

I guess we are going to have to hope that his making double the salary is good enough. He is going to talk to the bank tomorrow to see if there is anything they can/will do. I can't believe he didn't get her off or open a new account. And I'm sure she won't sign that paperwork. I am just sick over this. If I have to stay here for another 6 months, I'm going to cry.

If he makes more than double of £18,600 you should be ok.  Blocked or not, with her name on the account she's entitled to 1/2.

I hope so. This is all I have right now. He says he's going to go in tomorrow and ask the bank manager for a letter (saying what, I'm not sure?) and seems to think that will be fine. I am super stressed out about this now.

It's from FM-SE which are the immigration rules used by ECOs to decide an application as is this:

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/370978/20141106_mmigration_rules_appendix_fm_se_final.pdf

The account IS in the name of the sponsor though.  It doesn't say it has to be in his name alone. 

Ksand are you out there?  What's your view?

The account IS in the name of the sponsor though.  It doesn't say it has to be in his name alone. 

Ksand are you out there?  What's your view?

It does though...the Appendix FM-SE says:
(a) Bank statements must:
(i) be from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating. (ii) not be from a financial institution on the list of excluded institutions in Appendix P of these rules. (iii) in relation to personal bank statements be only in the name of:

(1)the applicant's partner, the applicant or both as appropriate; or (2) if the applicant is a child the applicant parent's partner, the applicant's parent or both as appropriate; or (3) if the applicant is an adult dependent relative, the applicant's sponsor or the applicant,

The issue is that his bank statements are in the name of him AND his ex-wife, which he didn't tell me until yesterday. He has his Decree Absolute showing the date he was divorced (two weeks ago). He wasn't able to get his wife off the account until he was divorced. Don't ask me why he didn't just get a new account back when they got separated. I guess he didn't want to have to deal with changing his direct deposits/payments and overdraft or something? He's going to get a new account with just his name on it, and hopefully something from the Bank Manager tomorrow.

Ksand are you out there?  What's your view?

I'm here.

I'm not sure, to be honest.

Annex FM 1.7 doesn't specify whether the bank statements for employment income have to be ONLY in the sponsor's name, although that's what it implies (the partner, or the partner and applicant jointly), while it says that for cash savings, the funds have to be under the control of the sponsor and/or the applicant.

However, Appendix FM-SE does say that all bank statements (whether for employment income or cash savings) can ONLY be in the name of the sponsor and/or the applicant.

My gut feeling is that they will have to get the bank account in the name of the sponsor only and if they can't get the last 6 months of statements back-dated with only his name on them, they may have to wait another 6 months before they can apply.

I guess the question is whether the OP is willing to take the risk of applying with the current statements, and hope that this is sufficient even with the ex-wife's name on them, or if they feel safer waiting and applying when they have 6 months of statements with just his name on them.

I know that to be 100% safe it would be best to wait for 6 months of statements without the ex...  But I can't help but think it wouldn't be an issue.  Someone on here must have tested this theory (likely an account with a parents name on it).

This does have me thinking.  My mom is on my accounts in the US so that she can help with any banking.  And when I applied for FLR(M) I was working for a US company and paid in USD into my US account.  So my bank statements had her (and my dad) on them.  This was no issue at all for my application.

Clear as mud for the OP?  Hopefully the bank can simply reissue the statements without the ex.