spouse visa/financial requirement

Hi guys. We are using the proceeds from the sale of our home in the USA to go the savings route on our visa application. Ive conflicting opinions to this question because I don't know anyone who did it this way and we are not using a lawyer. Im I correct in thinking if the money is from a house sale we can apply for the visa straight away and we don't need to send six months banks statements? Ive been told that I just need to send a certified letter showing the proceeds form the house sale.

Hi guys. We are using the proceeds from the sale of our home in the USA to go the savings route on our visa application. Ive conflicting opinions to this question because I don't know anyone who did it this way and we are not using a lawyer. Im I correct in thinking if the money is from a house sale we can apply for the visa straight away and we don't need to send six months banks statements? Ive been told that I just need to send a certified letter showing the proceeds form the house sale.

Hi Maria! If the proceeds are from the sale of a house that you've owned for more than 6 months then you don't have to wait a further 6 months once you have the money in cash, you can apply right away.

You do need more evidence than just a letter though. From the official 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

Yes, that's correct.

As long as you owned the house for at least 6 months before the sale (and have proof of it), you can apply as soon as the money from the sale is in your bank account (and you have the statements to prove it).

See pages 53 onwards of the financial requirement document for more information and the required documents:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

If the proceeds are from the sale of a house that you've owned for more than 6 months then you don't have to wait a further 6 months once you have the money in cash, you can apply right away.

Wow. If only I'd known/read that before submitting my papers. At least I know if I'm rejected for the financial evidence I supplied, I can just pull this together. #shouldvehiredalawyer

Wow. If only I'd known/read that before submitting my papers. At least I know if I'm rejected for the financial evidence I supplied, I can just pull this together. #shouldvehiredalawyer

There is no need to hire a lawyer at all - in fact, many people here on the forum have been given extremely bad and incorrect advice by lawyers that would have resulted in a visa refusal had it been followed.

A lawyer is only needed if you have a serious reason to believe you will be refused - for example, criminal convictions or previous illegal immigration activities in the UK (like overstaying or illegal working).

If there are documents missing, Sheffield may contact you to ask for extra documents. Or, if the visa is refused and you can easily address the reason for the refusal, you can just reapply.

You do need to read all the requirements for the documents before you apply though - the links we gave above are found on the UKVI website in the spousal visa information section.


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Wow. If only I'd known/read that before submitting my papers. At least I know if I'm rejected for the financial evidence I supplied, I can just pull this together. #shouldvehiredalawyer

Hopefully you get your visa without any problems, but worst case scenario if they do refuse you, no need for a lawyer, we'll help you! 

Yes, well I'll amend that to #shouldvefoundthisforumfirst - I only discovered you fine people after submitting papers.

Regarding "just reapply"... for another $3000? I'm certainly trying to avoid that. I'll start pulling together evidence of the house sale just in case.

Yes, well I'll amend that to #shouldvefoundthisforumfirst - I only discovered you fine people after submitting papers.

Regarding "just reapply"... for another $3000? I'm certainly trying to avoid that. I'll start pulling together evidence of the house sale just in case.

A very expensive pill to swallow to "just reapply" but so much less than a lawyer PLUS reapplying.

A couple of months ago we had someone asking for a recommended lawyer to use for their application.  During the summer crush, lots of people were waiting and recommending their attorneys....  not everyone got their visas.  Lawyers do not equal credible advice unfortunately.  There are good ones out there though!

Dustin who is waiting right now got bad advice from a lawyer and us caught in the withheld applications now.  Had he found us first, he'd have his visa.

Regarding "just reapply"... for another $3000? I'm certainly trying to avoid that. I'll start pulling together evidence of the house sale just in case.

Your IHS surcharge will be refunded if it's refused (though it can take up to 3 months to get it back), so the only 'extra' you would pay would be the £1,464 visa fee, plus priority processing if you chose to use it.

The thing is, what else would you do? Your options would essentially be to either reapply, or not move to the UK at all.

An appeal would take about a year and wouldn't be successful unless you did send all the correct documents and UKVI made a mistake in refusing the visa. So, you would probably end up wasting up to a year and a load of lawyer/appeal fees, only to have to reapply in the end anyway... and the visa fees would be even higher by then.

"Just reapplying" is normally the quickest, easiest and cheapest option... other than not moving at all, of course.

So one of the documents listed is land registry. Does anybody know what the equivalent is in the USA. We will be applying from Texas so will it be the house deeds or something else.

So one of the documents listed is land registry. Does anybody know what the equivalent is in the USA. We will be applying from Texas so will it be the house deeds or something else.

Yeah, it would be the deeds showing ownership of the house.

The Land Registry document in the UK is either the Title Register or the Deed (I think which one you get depends on whether your house is mortgaged or owned outright).

Yes, well I'll amend that to #shouldvefoundthisforumfirst - I only discovered you fine people after submitting papers.

Regarding "just reapply"... for another $3000? I'm certainly trying to avoid that. I'll start pulling together evidence of the house sale just in case.

I'm in the same boat. I mucked it up all to h*ll, but if I get a refusal on Monday morning, it'll take me exactly 48 hours to turn it around and go again (assuming I can get my biometrics appointment). I submitted additional documents based on the advice of these marvelous people, but I've no idea if they've been accepted. If you do get refused, chalk it up to lesson learned, do what they tell you and you'll be sorted in no time flat! Good luck!

I'm in the same boat. I mucked it up all to h*ll, but if I get a refusal on Monday morning, it'll take me exactly 48 hours to turn it around and go again (assuming I can get my biometrics appointment). I submitted additional documents based on the advice of these marvelous people, but I've no idea if they've been accepted. If you do get refused, chalk it up to lesson learned, do what they tell you and you'll be sorted in no time flat! Good luck!

Make sure we triple check that list!  But really hoping they honour those added documents that they said they would!!!

Make sure we triple check that list!  But really hoping they honour those added documents that they said they would!!!

Oh, don't worry!! I have a check list of everything I need, and as soon as I have it all put together, I'll detail it here to make sure I've done it correctly. I've gone and gotten all new bank statements with stamps on every page and everything. Ready to roll at the first sniff of (let's face it, probable) disappointment.

Ready to roll at the first sniff of (let's face it, probable) disappointment.

I really hope that's not necessary but totally impressed at your turnaround capabilities!