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Topic: Settlement appeal  (Read 3301 times)

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Re: Settlement appeal
« Reply #15 on: April 22, 2017, 08:52:06 PM »
My husbands Biometrics were done on September 19, 2016, can he use those again or will he have to get new ones done?

Thank you in advance


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Re: Settlement appeal
« Reply #16 on: April 22, 2017, 08:55:49 PM »
My husbands Biometrics were done on September 19, 2016, can he use those again or will he have to get new ones done?

Thank you in advance

He'll need to do them again for the new application. Biometrics have to be done for all the future visas also.


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Re: Settlement appeal
« Reply #17 on: April 22, 2017, 09:00:40 PM »
You have to re-do biometrics every single time you make a new visa application (and also for citizenship).

The reasons for this are:
a) to confirm you are who you say you are
b) to confirm you are the same person who applied for the previous visa
c) for updated information (new photo etc.)


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Re: Settlement appeal
« Reply #18 on: April 23, 2017, 11:32:04 AM »
I figured we would have to, thank you!


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Re: Settlement appeal
« Reply #19 on: April 25, 2017, 08:49:39 AM »
My husband and I have been married for 14 years, we have plenty of paperwork in both our names, old mortgages and bank statements. How much paperwork proving our marriage should we send, don't want to send too much but also not enough.  Also, how far back should we go?

Thanks in advance,
Emma


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Re: Settlement appeal
« Reply #20 on: April 25, 2017, 10:26:09 AM »
My husband and I have been married for 14 years, we have plenty of paperwork in both our names, old mortgages and bank statements. How much paperwork proving our marriage should we send, don't want to send too much but also not enough.  Also, how far back should we go?

Thanks in advance,
Emma

My husband and I have been married for 21 years.  My first application was refused because the examiner felt we hadn't proven a valid relationship.  So this time I sent our marriage certificate of course, 1st page of tax returns showing we filed in both our names from the same address, paperwork showing the sale of our houses (3 in a 20 year span), our wedding picture and a few other pictures.  Phone records and FaceTime records since he went back on 23 March.  Email records, not the emails themselves, just a screenshot showing correspondence.  We've both been divorced, so I had to send our divorce papers, too.  I also sent our life insurance paperwork that shows eac other as beneficiaries.

Mine might be overkill, but I felt it needed to be.


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Re: Settlement appeal
« Reply #21 on: April 25, 2017, 08:43:37 PM »
This could be our biggest hurdle.  I have been back in the uk for just over a year, I worked in one job for 5 months full-time, found a better job for 3 days a week, worked 2 jobs for 2 months and then was taken on full time in January of this year.  I do not believe between the 2 jobs I made the minimum requirement of £18,600 although I do make it now.  However, my husband is retired military and receives $2,000 a month in retirement earnings.  From what I believe that I have read on the UKVI website, I can count his retirement money towards my yearly income.  If that is the case, we make the minimum requirement and then some.  Can you please advise me if this is correct or not since there will be not point in filing if its not.

 Again, thank you for all your help, it is much appreciated.
 


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Re: Settlement appeal
« Reply #22 on: April 25, 2017, 08:47:17 PM »
This could be our biggest hurdle.  I have been back in the uk for just over a year, I worked in one job for 5 months full-time, found a better job for 3 days a week, worked 2 jobs for 2 months and then was taken on full time in January of this year.  I do not believe between the 2 jobs I made the minimum requirement of £18,600 although I do make it now.  However, my husband is retired military and receives $2,000 a month in retirement earnings.  From what I believe that I have read on the UKVI website, I can count his retirement money towards my yearly income.  If that is the case, we make the minimum requirement and then some.  Can you please advise me if this is correct or not since there will be not point in filing if its not.

 Again, thank you for all your help, it is much appreciated.

Yes, you can use his military pension.  :)

Quote
(e) To evidence a pension:

    (i) Official documentation from:
        (1) The Department for Work and Pensions (in respect of the Basic State Pension and the Additional or Second State Pension) or other government department or agency, including the Veterans Agency;
        (2) An overseas pension authority; or
        (3) A pension company,
        confirming pension entitlement and amount (and, where applicable, reflecting any funds withdrawn from the pension account or fund).
    (ii) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person’s account.
    (iii) For the purposes of sub-paragraph (i), War Disablement Pension, War Widow’s/Widower’s Pension and any other pension or equivalent payment for life made under the War Pensions Scheme, the Armed Forces Compensation Scheme or the Armed Forces Attributable Benefits Scheme may be treated as a pension, unless excluded under paragraph 21 of this Appendix.
 

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf
« Last Edit: April 25, 2017, 08:51:21 PM by larrabee »


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Re: Settlement appeal
« Reply #23 on: April 25, 2017, 08:51:53 PM »
Yippee, I though so, I will definitely make the correct amount this year but haven't yet, was scared of the answer I was going to get from you, so glad it was the one I was hoping it was, thank you so much, made my night 


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Re: Settlement appeal
« Reply #24 on: April 25, 2017, 09:02:47 PM »
Yippee, I though so, I will definitely make the correct amount this year but haven't yet, was scared of the answer I was going to get from you, so glad it was the one I was hoping it was, thank you so much, made my night

Haha, I'm happy that you're happy!  ;D

There you go, from FM-1.7  :)
Quote
8.1.1.
The gross annual income from any State (UK Basic State Pension and Additional or
Second State Pension, HM Forces Pension or foreign) or private pension received by
the applicant’s partner or the applicant can be counted towards the financial requirement. 


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Re: Settlement appeal
« Reply #25 on: April 25, 2017, 09:05:00 PM »
Yippee, I though so, I will definitely make the correct amount this year but haven't yet, was scared of the answer I was going to get from you, so glad it was the one I was hoping it was, thank you so much, made my night

In fact, if the exchange rate is good enough, you could even apply for the visa right now and use only his pension income to meet the requirement. Since UKVI use the OANDA exchange rate on the date of application, and today's exchange rate shows that $2,000/month in pension is £18,747 per year.

So, actually, if he was receiving his pension last year, you could have potentially applied for the visa months ago (depending on exchange rates, of course).


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Re: Settlement appeal
« Reply #26 on: April 25, 2017, 09:09:25 PM »
We had originally thought that we both had to make the £18,600 each totalling £37,200 it wasn't until I asked a woman at work who went through the process that it was just me who needed to make it. Yes we definitely make it combined, just need to make sure the paperwork is on target.


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Re: Settlement appeal
« Reply #27 on: April 25, 2017, 09:24:09 PM »
We had originally thought that we both had to make the £18,600 each totalling £37,200 it wasn't until I asked a woman at work who went through the process that it was just me who needed to make it. Yes we definitely make it combined, just need to make sure the paperwork is on target.

Yeah, his employment cannot be considered at all. So, if you are using employment, only you can meet the requirement. However, other types of income can come from him.

Only your income can be used for the following categories:
- employment income (Category A or B)
- self-employment income (Category F or G)

But either your income, his income or your joint incomes can be used for the following categories:
- non-employment income (Category C)
- cash savings (Category D)
- pension income (Category E)


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Re: Settlement appeal
« Reply #28 on: April 25, 2017, 09:26:12 PM »
Okay, thanks, do we choose which category on the application form?


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Re: Settlement appeal
« Reply #29 on: April 25, 2017, 09:31:32 PM »
Okay, thanks, do we choose which category on the application form?

Yes, but it's on the VAF4a Appendix 2 form, not the online application form:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270484/VAF4A-Appendix2.pdf

It asks you which financial requirement you need to meet (for you it will be £18,600), then which category you meet (A to G). You will then be directed to answer the questions specific to that category.

If you meet the requirement under one category, there is no need to combine categories. For example, if his pension income meets the requirement on the date you apply, then you only fill out Category E and you do not even mention your income at all.

It's only if you cannot meet the requirement under one category only that you can combine them (for example, if you only make £15,000 per year, but you have at least £25,000 in cash savings, you can combine Category A with Category D to meet the requirement).


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