Hi there

Firstly, Hello Texas2UK from a fellow Texan!

I'm completely with you on that!

My spouse is the UKC and when we plan to move back to the UK, our plan is that he will start up a business from scratch once he's there. So we will need to go through the savings route.

The sticker shock of £62,500 AND it sitting in a crappy savings account for six long months makes me feel yucky. I don't have a 401(k) or trusts and bonds but I own property and businesses. I am not about to liquidate a cash-flowing asset and put the capital gains in a savings account that earns nothing and get hit by tax too. I, too, wish there was another way to prove we are solvent without resorting to that drastic measure. But, it is what it is, I guess. *sigh*

Regarding Mexican food, you can buy dried chiles and corn tortillas at www.coolchile.co.uk They also sell masa harina if you feel the need to make tortillas at home. If I remember correctly, they have a stall at Borough Market these days. Also, if you're around Notting Hill, there's a place called "The Spice Shop" on Blenheim Crescent that sells a large array of dried chiles and spices. It's a bit pricey but seeing that decent Mexican food is hard to find in England (it's even hard to find in Houston!!), it's worth seeking it out.

Thanks so much. I'll feel less weird saying y'all. I do threaten my fiancee that I'll go to work in London wearing bow ties and boots telling people I can be their British-Texas lawyer. It's always fun to get the eye rolls from her.

I love borough market. We've been down there many times. Now I have an excuse to go over there often. Thanks! I'll definitely check out the other places too.

I'm coming from Houston, live over by midtown right now. We do have some great, and lots of average, mexican food. Hugos & el tiempo are just down the way from me. They're good.

I guess the cause of my venting on that subject is I tried to make fajitas one day for her family over the summer. It turned out okay, but not great. I had thai black rice with sainsbury's taco seasoning, some random mixture of beans that weren't pintos that I tried to make into barracho beans, got some good chicken and skirt steak for the meat and marinated it real well with some bell peppers, onion, chopped dried chilies, and Belgian beer. Made some guac with what they call salsa from the store. Really it was fine, but far far from right.

Her family loved it till I got them to Texas a couple months ago and made everything properly - on the grill... sitting around out by the pool... in October.

I'm sure I could do much better once I figure out where to source some better ingredients. I'm less sure with the hours I'm going to have to work that I'll ever have time to make things from scratch. But, I do like cooking, so we'll see how it goes.

So apparently the folks above are right. You can hold the "savings" in another vehicle. Or go under the other income provision for investment properties or small business holdings. You'll have to look into that some more, but there might be a more advantageous route for you. At least if you can hold and liquidate at the point of application rather than sitting on it for six months. Could you meet the UK savings requirements by cashing out in a 1031 exchange on the property? That'd potentially save your capital gains. I really cannot give you tax or legal advice though, so you'll have to look into it on your own.

Oh thank God! I was dreading how I'd broach the subject over Christmas with my future father-in-law that we'd need to liquidate such a large sum from a trust my fiancee's grandfather left for her to get a house... to assure the govt I wouldn't end up some deadbeat on benefits and unable to support his only daughter.

At 11A on the link.

Thanks so much!!

You're welcome   But just to be clear, the funds do need to be in the form of cash at the time of application.

You're welcome   But just to be clear, the funds do need to be in the form of cash at the time of application.

Yep. Tracking. I have no problem asking her to convert that much to cash, get a balance statement, and fire off the paperwork, then shove it back into investments after the visa is granted. That's fine. Much more logical policy than what I'd originally understood to be the case.

The sticker shock of £62,500 AND it sitting in a crappy savings account for six long months makes me feel yucky. I don't have a 401(k) or trusts and bonds but I own property and businesses. I am not about to liquidate a cash-flowing asset and put the capital gains in a savings account that earns nothing and get hit by tax too. I, too, wish there was another way to prove we are solvent without resorting to that drastic measure. But, it is what it is, I guess. *sigh*

Hi Lorena, Texas2uk is a quick study! As he pointed out there is a non-employment income option for the financial requirement that you may be able to utilize. If your properties are generating rental income for example you can use this instead of the savings route.

10. In respect of non-employment income all the following evidence, in relation to the form of income relied upon, must be provided:

    (a) To evidence property rental income:
        (i) Confirmation that the person or the person and their partner jointly own the property for which the rental income is received, through:
            (1) A copy of the title deeds of the property or of the title register from the Land Registry (or overseas equivalent); or
            (2) A mortgage statement.
        (ii) personal bank statements for or from the 12-month period prior to the date of application showing the income relied upon was paid into an account in the name of the person or of the person and their partner jointly.
        (iii) A rental agreement or contract.
    (b) To evidence dividends (except where paragraph 9 applies) or other income from investments, stocks, shares, bonds or trust funds:
        (i) A certificate showing proof of ownership and the amount(s) of any investment(s).
        (ii) A portfolio report (for a financial institution regulated by the Financial Conduct Authority (and the Prudential Regulation Authority where applicable) in the UK) or a dividend voucher showing the company and person’s details with the person’s net dividend amount and tax credit.
        (iii) personal bank statements for or from the 12-month period prior to the date of application showing that the income relied upon was paid into an account in the name of the person or of the person and their partner jointly.
        (iv) Where the person is a director of a limited company based in the UK, evidence that the company is not of a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.
    (c) To evidence interest from savings:
        (i) personal bank statements for or from the 12-month period prior to the date of application showing the amount of the savings held and that the interest was paid into an account in the name of the person or of the person and their partner jointly.
   
 

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

Yep. Tracking. I have no problem asking her to convert that much to cash, get a balance statement, and fire off the paperwork, then shove it back into investments after the visa is granted. That's fine. Much more logical policy than what I'd originally understood to be the case.

Great! Just make sure you provide the paper trail as evidence and follow the requirements to the letter. I'd probably wait until you are in country too before you revert to investments, just to be on the safe side.

It actually used to be the case that the savings had to be held in cash for the whole 6 months but in a rare moment of compassion, they tweaked the rules to accommodate those people who were not happy with so much money earning next to nothing for so long! 

Hi Lorena, Texas2uk is a quick study! As he pointed out there is a non-employment income option for the financial requirement that you may be able to utilize. If your properties are generating rental income for example you can use this instead of the savings route.

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

Did you get the 1031 question I was asking her?

Essentially, does an escrow account in your name with immediately available funds (though they would have tax consequences if withdrawn) suffice to meet the UK savings requirement? If so, it seems like she can do the transaction she needs without US tax liability.

Great! Just make sure you provide the paper trail as evidence and follow the requirements to the letter. I'd probably wait until you are in country too before you revert to investments, just to be on the safe side.

It actually used to be the case that the savings had to be held in cash for the whole 6 months but in a rare moment of compassion, they tweaked the rules to accommodate those people who were not happy with so much money earning next to nothing for so long! 

So, she took funds first week of Nov. Has to hold six months. That's first week of May, send application with expedite fee. Wedding scheduled for first week of Aug.

That seems okay, but dang I'd sure like more guarantee than that.

We're meeting with the registrar while I'm there for the holiday. Sans visa of course at this stage.

Did you get the 1031 question I was asking her?

Essentially, does an escrow account in your name with immediately available funds (though they would have tax consequences if withdrawn) suffice to meet the UK savings requirement? If so, it seems like she can do the transaction she needs without US tax liability.

The account can only be in the name of the sponsor, or the applicant or both. Would an escrow account not be in the name of the third party also?

So, she took funds first week of Nov. Has to hold six months. That's first week of May, send application with expedite fee. Wedding scheduled for first week of Aug.

That seems okay, but dang I'd sure like more guarantee than that.

We're meeting with the registrar while I'm there for the holiday. Sans visa of course at this stage.

You may have strong reasons to get married in the UK but if you don't, I'd recommend getting married in the US.
 It's far less hassle and you would then apply directly for the spouse visa. It also means one less visa application and you would be eligible for work and NHS from day one.

You may have strong reasons to get married in the UK but if you don't, I'd recommend getting married in the US.
 It's far less hassle and you would then apply directly for the spouse visa. It also means one less visa application and you would be eligible for work and NHS from day one.

We're doing a ceremony in England and a second ceremony in Texas two weeks later. I am not in charge of these things. The dates are locked in. If it were up to me, I'd do a quick civil ceremony in secret when she's here next in the Spring and do exactly what you're saying followed by two ceremonies for show. I don't expect I could ever convince her to go along with that plan.

The account can only be in the name of the sponsor, or the applicant or both. Would an escrow account not be in the name of the third party also?

Not necessarily. Depends who you set it up with. Obviously it's not a normal bank account, but it is funds in your name immediately accessible and with no claim or ability to withdraw by any other party.

We're doing a ceremony in England and a second ceremony in Texas two weeks later. I am not in charge of these things. The dates are locked in. If it were up to me, I'd do a quick civil ceremony in secret when she's here next in the Spring and do exactly what you're saying followed by two ceremonies for show. I don't expect I could ever convince her to go along with that plan.

Understood.

I like your plan better!   

I have some distant relatives with a title

What kind of title are we talking here, Duke, Viscount, Baroness? I'm a Sir, myself, at least in dealings with unctuous customer service.

What kind of title are we talking here, Duke, Viscount, Baroness? I'm a Sir, myself, at least in dealings with unctuous customer service.

You know, I am hesitant to talk about that. I do not want to seem as if I'm bragging about something that doesn't really have anything to do with me personally. Those things are fascinating to me, in a curiosity sort of way, but I do actually believe in meritocracy.

However, since we're mostly Americans here in this similar situation, and I hope becoming friends...

My distant relatives hold a barony. By distant, I mean my family came to Virginia in the late 1600s, and this gentleman's grandfather was created baron in the 1950s. We do trace back to the same line some 350 years ago, and I did connect with them last time I was over. We have a lot in common - Army, interests, etc - and they have been quite welcoming wonderful people.

Her family is a bit more impressive. That barony was created for a field marshal after WWI. The last one was displaced from the house of lords in the '99 reforms and died without a male heir. The wife and daughter are still living. I know the rules changed for Prince George, but I think that doesn't apply beyond the royal family? So, I don't really know what's going on with that title. There is another cousin who was secretary or military aide or something to the queen for a couple years. He has a knighthood in his own right. And her grandfather was head of the royal academy for years. I love him. He's such the perfectly eccentric british gentleman.

What all that really means is I do not get a choice in where our children go to school, and if any sons want to serve in the Army then it has to, at least initially, be in a very specific regiment. Which is a very different kind of soldiering than I did.

Personally, I'm not so impressed by titles. However, I am fascinated by the stories of what led to their creation. We have those sorts of stories in American families too. It is fun when two great families come together to share those things.

For my part, I guess I would be very honored if someday after years of work I could end up as QC (or KC as the case may be). I'm not going to hold my breath that they'd ever appoint a solicitor from America, but I'd be happy with that.

I am not sure but I think Esquire is dealt with a bit differently here in regards to the legal profession.