Spouse visa, almost time to apply! Questions o'plenty

The 401K letter needs to confirm that:
- that the balance hasn’t fallen below £8,000 (or the minimum you need to meet £33,250 in savings) at any point in the last 6 months
- how many days you have to wait before you can withdraw it and how much you can withdraw

Basically, what UKVI need to know is:

If you needed all of the money in the 401K today, could you withdraw it immediately? Or is there a period of X days you have to wait before you can withdraw it? And is there a limit to how much you can withdraw?

So you need to clarify:
- will you be actively employed on the date of application?
- what is a Hardship withdrawal and how long does it take?
- how much is the ‘Portion of your assets’ that you can withdraw through the Hardship withdrawal?
- will you be ‘separating from service’ before the visa application is made, so you have proof that you have full access to the money, or do you have access to at least £8,000 (or the minimum required to meet the requirement) through Hardship withdrawal?


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I'll actually go ahead and ask my next question now since I'm about to go to bed.  So my wife put in the request from HR at her job for a letter regarding her employment, but it's been almost 3 weeks now with no word of how much longer it will be.  The HR is off-site so it's not like she can just go in there and speak to someone.  Anyhow, she DOES have documents that I think might fulfill the requirements.  Here's what she has...

-offer of employment received last October, including her job title
-letter stating her 3 month probation period is up and that her employment is confirmed, dated in January
-letter in April indicating a raise in pay, and it includes what her new annual salary would be

She also has her payslips, her P60 (I think that's what it's called), and her bank statements which obviously show the payroll deposits.

Will this be sufficient?  Or do we need to wait for that letter?  It's basically the last item that she's waiting on before she can mail everything to me.

It is an absolute requirement to provide that letter from HR (or from another qualified member of staff).

No letter = visa refusal.

The letter MUST be dated within 28 days of the online application date and it MUST state ALL of the following:
- job title and current salary
- length of employment
- length of time earning current salary
- type of employment

Also, if her payslips were issued electronically, it should also confirm authenticity of the specific bank statements she is including with the application

Mandatory documents for the visa:
- letter from employer (as above)
- 6 full months of original payslips
- 6 full months of original bank statements showing the deposit of every single payslip

Optional but recommended:
- her original job contract
- her latest P60


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How far off-site is her HR?

She may HAVE to go there in person in order to make sure
a) the letter meets the requirements, both in content and date written and
b) for them to authenticate her payslips, if necessary


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I'm not sure how far off-site it is, but I'll ask her when she wakes up.  Also will confirm with her that she told them all the bits of information she needs them to include in the letter.  On Monday she can call and make sure they haven't forgotten.  Just don't want it to go more than another week or so, because then our financial documents will be more than 28 days old and we'll have to get all new ones.  Annoying.

As for my 401(k), I will have to call them on Monday and maybe get more detailed information as to what my options are.  I don't plan on leaving my job until I get my visa and am ready to move because obviously I need my income lol.  But I'll find out if there's the option of leaving my 401(k) plan, what the payout would be for doing that, and how long it would take to get the money.  Then get them to include that information in a new letter.

It's so annoying because we were only about 2,000 GBP short from what my wife had in savings and what we needed, and back in April I had well over 5,000 GBP in my 401(k) account.  I upped my contributions over this time just in case something wacky happened either in the US economy or with the conversion rate, so now there's over 8,500 GBP in there and yet here I am worried about it.

Anyway I'm ranting because I'm upset.  The hardship requirements seem to be kind of limited - it says some examples include medical bills, funeral expenses, and a couple other things that don't include "meeting financial requirements for a Spouse Visa to move to the UK".  Just my luck! 

I don't plan on leaving my job until I get my visa and am ready to move because obviously I need my income lol.  But I'll find out if there's the option of leaving my 401(k) plan, what the payout would be for doing that, and how long it would take to get the money.  Then get them to include that information in a new letter.

The money you use for the visa has to be immediately accessible on the date you submit the online application... so if you can’t access all of it until after you leave the company, then you can either only use the amount you can access immediately (through the Hardship withdrawal) towards the visa, or you’ll have to leave the job before applying!

It's so annoying because we were only about 2,000 GBP short from what my wife had in savings and what we needed, and back in April I had well over 5,000 GBP in my 401(k) account.  I upped my contributions over this time just in case something wacky happened either in the US economy or with the conversion rate, so now there's over 8,500 GBP in there and yet here I am worried about it.

Okay, so the only amount you can use from the 401K is the £5,000 that was in there in April... any money you have added since April cannot be considered because it hasn’t been in the account for 6 full months yet.

If you want to be able to use the full £8,500 you will have to wait another 6 months from your last contribution.

But, if you only need £2,000 of it to meet the requirement, then you just have to confirm that at least £2,000 of the £5,000 is immediately accessible.


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Got it.  With bills and etc I don't see a viable way I could leave the company now, so I will have to see if leaving the plan while still employed is an option.  I THINK it is, but I will call and see what my options are, or see if there's another way.

And OK, well thankfully we were only ~ 2,000 GBP short of what we needed as of April, and like I said, I had just over 6,000 GBP in there at that time.  I will check to see what they can do to state that I had that much at the time, and how much of it would have been available to me. 

I hope I can convey to them what exactly it is I need, because it makes a lot more sense when I'm reading what you're saying than it does when I try to think about it in my mind.

The basics of what you need to show/clarify to UKVI are:

- the amount of money you need to use from the 401K to meet the requirement

- that you have held that amount in full in your 401K for at least 6 months

- that the amount is immediately accessible to you and you will be able to withdraw it from the 401K at any time (even if there are penalties for withdrawal)


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OK.  Going to ring them on Monday and actually speak to someone, that way I can explain my situation fully and we can bounce around ideas.  Going to do a 3 way call with them and the wife, just so we both know exactly what's going on and we will be on the same page.  We talk all the time, but sometimes the time difference means things are happening when we can't talk, and a few hours later you don't remember to relay every single detail of things.

Her letter from employer arrived today in the mail, and it's exactly what we needed it to be.  She is just waiting for 1 more bank statement that she's ordered, then she'll be ready to send everything off to me.

The task for Sunday is completing the sponsorship letter.  I've seen a guideline of what this letter needs to include....

-how my wife is eligible to sponsor me (which would be her UK citizenship)
-how we meet the financial requirement (combo of her employment/savings and my 401k)
-accommodation details (her 2 bedroom flat, and we have the letter from landlord stating it's a 2 bedroom flat and granting me permission to live there)
-a 1 paragraph history of our relationship (where/how we met, if we've visited each other, when we got engaged & married, and why we're choosing to setting in the UK rather than the US)

Is there anything that we should add to this?  And is "To Whom It May Concern" the appropriate way to 'address' it?

And my mother-in-law is going to type out the letter confirming that the wedding gift she gave us was, in fact, a gift not to be repaid.  She'll include the date the gift was given, the amount, and....anything else?  I assume this will be a very short thing, no more than a few sentences?  And "To Whom It May Concern" with this, as well?

OK.  Going to ring them on Monday and actually speak to someone, that way I can explain my situation fully and we can bounce around ideas.  Going to do a 3 way call with them and the wife, just so we both know exactly what's going on and we will be on the same page.  We talk all the time, but sometimes the time difference means things are happening when we can't talk, and a few hours later you don't remember to relay every single detail of things.

Her letter from employer arrived today in the mail, and it's exactly what we needed it to be.  She is just waiting for 1 more bank statement that she's ordered, then she'll be ready to send everything off to me.

The task for Sunday is completing the sponsorship letter.  I've seen a guideline of what this letter needs to include....

-how my wife is eligible to sponsor me (which would be her UK citizenship)
-how we meet the financial requirement (combo of her employment/savings and my 401k)
-accommodation details (her 2 bedroom flat, and we have the letter from landlord stating it's a 2 bedroom flat and granting me permission to live there)
-a 1 paragraph history of our relationship (where/how we met, if we've visited each other, when we got engaged & married, and why we're choosing to setting in the UK rather than the US)

Is there anything that we should add to this?  And is "To Whom It May Concern" the appropriate way to 'address' it?

And my mother-in-law is going to type out the letter confirming that the wedding gift she gave us was, in fact, a gift not to be repaid.  She'll include the date the gift was given, the amount, and....anything else?  I assume this will be a very short thing, no more than a few sentences?  And "To Whom It May Concern" with this, as well?

That's right for the sponsor letter and the letter from your m-i-l.

You mentioned that you only need to use £2,000 of your 401K money to bring you up to the requirements? If this is the case and the company are not able to confirm in writing that the money is immediately available, you could consider actually withdrawing the amount you need or converting it to cash within the account as other options.

That's right for the sponsor letter and the letter from your m-i-l.

You mentioned that you only need to use £2,000 of your 401K money to bring you up to the requirements? If this is the case and the company are not able to confirm in writing that the money is immediately available, you could consider actually withdrawing the amount you need or converting it to cash within the account as other options.

Thank you.  Yeah we'll see what they say and what they tell me my options are.  The idea of me leaving my job was floated as an option, but it's really not a viable option for me at this time.  I couldn't quit my job and risk my visa being delayed or denied.  I'd be stuck here without employment lol.  But yeah hopefully actually speaking to someone will be productive.  They've been very helpful for the most part via e-mail, and have been timely in their responses.  So I'm expecting that to be the case on the phone as well.

"Converting it to cash within the account" - I'm not familiar with that, is that something common with a 401(k)?  And yes, my wife's savings was just about £2,500 shy of the total we needed, so that's all we'd need access to from the 401(k).

Let's say it's an option for me to leave the plan and request an immediate withdrawal of the funds - would that reset the 6 months of waiting?  Or would it be satisfactory?  Just don't want to do anything that's going to screw with the timeline.

 
No, it wouldn't put you back time wise. Here is the guidance.

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

OK my wife has basically finished putting together the packet that we'll be sending in.  We're waiting on 1 more bank statement that she's ordered, then she's sending it off to me.  Here's what it looks like.  Is there anything that we're forgetting?

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Table of Contents

Application

1.   VAF4A Form
2.   VAF4A  Appendix 2
3.   Biometrics receipt
4.   Receipt for priority processing
5.   IHS receipt and reference number
6.   Two passport photos
7.   Applicants passport
8.   Return shipping label and packaging

Sponsor

9.   Certified copy of sponsors passport
10.   Sponsors birth certificate
11.   Sponsors letter of support

Finances

12.   Sponsors payslips and P60
13.   Sponsors contract of employment
14.   Letters from sponsors employment
15.   Sponsors Instant Cash ISA bank statements and letter
16.   Sponsors savings account bank statements
17.   Sponsors current accounts bank statements
18.   Applicants 401K statement
19.   Letter from 401K company
20.   Letter from sponsors mother

Accommodation

21.   Tenancy agreement
22.   Letter from Landlord
23.   Utility bills

Relationship Evidence

24.   Marriage certificate
25.   Sponsors divorce documents
26.   Applicants divorce documents
27.   Emails between sponsor and applicant
28.   Skype logs
29.   Phone call logs
30.   Boarding passes
31.   Photos together
32.   Letters and cards sent to each other
33.   Boarding passes and hotel confirmation from our honeymoon

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Anything missing?  Is there anything that's extra that we really should not send?  I know it's probably a little overkill, but we've never done this lol, would rather send a little too much than not enough.

You don't need the following:
10.   Sponsors birth certificate
23.   Utility bills

Also, for the relationship evidence, when you say 'photos together', how many do you have? You should only sent 1 or 2 photos maximum - all they are for is proving you have met at least once in person. You also may not need the honeymoon flights and hotel booking, but there's no harm in including them.

Oh, one other thing: do you (the applicant) have any previous passports (old/expired/cancelled)? If so, they must be included as well.

Finances

12.   Sponsors payslips and P60
13.   Sponsors contract of employment
14.   Letters from sponsors employment
15.   Sponsors Instant Cash ISA bank statements and letter
16.   Sponsors savings account bank statements
17.   Sponsors current accounts bank statements
18.   Applicants 401K statement
19.   Letter from 401K company
20.   Letter from sponsors mother

For your finances, just to confirm:
- you have a full 6 months of all the payslips and bank statements? (not a day less than 6 months for any of them)
- the latest bank statement from each account, the latest payslip, and any letters are all dated within 28 days of your online application date?