New to the process

From what I can tell from the second link (11A c) iv)) and another forum, the 401K has to be converted from stocks to 'cash' in the 401K account in order to be used.

If it is in a 401K as non-liquid funds, it can count as an 'investment' funds for part of the 6 months, but I found on the other site that you have to actually get your lawyer to convert it into 'cash' (that can be immediately accessed) instead of investments within the 401K account.


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I'll have to call to confirm. I think the only way to do that is cash it out. And to do that you lose a substantial percentage.  I am sure it's immediately accessible but I'm not sure if it is stock but it's represented as a cash amount.

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Yes, the funds do have to be in cash at the time of the application. If it's cash within a 401k account which allows you instant access withdrawal, with or without a penalty, this is acceptable.

If the investment is still in stocks and shares within the account, that will not work.

It used to be that you had to have held the cash (as opposed to the investments) for 6 months but they changed it so that if you convert those investments to cash prior to the application they would accept that, in the same way as you can use proceeds from the sale of a house you have owned for longer than 6 months.

The key points are 1-cash, 2-instant access.

So is that 6 months no longer a requirement for any cash?  For instance, I have stock I could cash out and join with my savings to meet the requirement. If so this 401k thing is a moot point.

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So is that 6 months no longer a requirement for any cash?  For instance, I have stock I could cash out and join with my savings to meet the requirement. If so this 401k thing is a moot point.

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6 months is the requirement for all funds; cash, property stocks and shares. Funds must be in cash at the time of application.

But yes, if you have stocks and shares that you have held for over 6 months, you can cash them in before you apply. Pay attention to the additional evidence you will have to provide though.

c) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that:

    (i) The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.
    (ii) The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.
    (iii) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.
    (iv) For the purposes of sub-paragraph 11A(c), “investments” includes funds held in an investment account or pension account or fund which does not meet the requirements of paragraphs 11 and 11A(a).
 

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

eta What I meant in the last post was that if you had investments, you used to have to cash them in and then wait for 6 months before you could apply! Now, as long as you have already held the investments for 6 months, you can cash them in, transfer the cash to an instant access account and apply straight away.

You guys are awesome.  I would be so lost if it wasn't for this forum

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