Inherited property = financial category D

Hi all!

We are ramping up to start our immigration process so I am sure you'll be hearing a lot of questions from me.

Background:

My father passed away in 2015 and on June 5 2017 we had a court hearing that led to a court order dating 6/5/2017 but signed and filed 6/20/2017 that gave me 1/2 ownership of land and separately a house on some land. We have had the land on market and have received an offer for (my half) 74k after all cost associated. Additionally my sister has agreed to buy me out of the house with land for 35k. There are other funds I hold from this court order but the sale and buy out of the 2 properties is the category D for us.

My question is:

When is the 6 months start date? From what I have read it's going to be connected to the court order/date not the actual sale of lands. So is it June 5th or June 20th? Or am I way off and it's another date all together?


I appreciate all your help!!



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The 6 months starts the day the properties became yours.

Here is the guidance.

(d) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can be from the proceeds of the sale of property, in the form only of a dwelling, other building or land, which took place within the period of 6 months prior to the date of application, provided that:

    (i) The property (or relevant share of the property) was owned at the beginning of the period of 6 months prior to the date of application and at the date of sale by the applicant, their partner or both jointly.
    (ii) Where ownership of the property was shared with a third party, only the proceeds of the sale of the share of the property owned by the applicant, their partner or both jointly may be counted.
    (iii) The funds deposited as cash savings are the net proceeds of the sale, once any mortgage or loan secured on the property (or relevant share of the property) has been repaid and once any taxes and professional fees associated with the sale have been paid.
    (iv) The decision-maker is satisfied that the requirements in sub-paragraphs (i)-(iii) are met on the basis of information and documents submitted in support of the application. These may include for example:
        (1) Registration information or documentation (or a copy of this) from the Land Registry (or overseas equivalent).
        (2) A letter from a solicitor (or other relevant professional, if the sale takes place overseas) instructed in the sale of the property confirming the sale price and other relevant information.
        (3) A letter from a lender (a bank or building society) on its headed stationery regarding the repayment of a mortgage or loan secured on the property.
        (4) Confirmation of payment of taxes or professional fees associated with the sale.
        (5) Any other relevant evidence that the requirements in subparagraphs (i)-(iii) are met.
    (v) 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 mentioned in paragraph 11(a) will be reduced by the amount of time which passed between the start of that 6-month period and the deposit of the proceeds of the sale in an account mentioned in paragraph 11(a).
 

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

The 6 months starts the day the properties became yours.

Did they become mine 6/5 or 6/20 in the U.K.  position when they read the court order is my question then?


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Use 6/20 as it will be a strong paper trail.

Use 6/20 as it will be a strong paper trail.

Thanks!


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Did they become mine 6/5 or 6/20 in the U.K.  position when they read the court order is my question then?

I would ask your lawyer to be sure, in case there are any other variables.

I would ask your lawyer to be sure, in case there are any other variables.

Thanks!


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