Author Topic: lost passport/interview  (Read 1892 times)

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Offline ksand24

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Re: lost passport/interview
« Reply #15 on: April 08, 2018, 11:24:10 PM »
THANK YOU SO MUCH.  My husband had spoken with a lawyer, who gave him this huge list of documents he supposedly needed to provide.  But if we use only cash savings, it seems like most of what the lawyer said is moot. 

I’d be very careful with lawyers - most of them don’t seem to know what they are talking about and end up giving very bad advice because they aren’t familiar with straightforward applications made in the US.

All the information you need regarding documents to provide can be found for free on the UKVI website and here on the forum.

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I've just posted my translation query, but I'll delete it and just add it on here.

I saw you’d already posted... as it’s up there already, no need to delete :).



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Offline SnowFish

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Re: lost passport/interview
« Reply #16 on: April 08, 2018, 11:30:18 PM »
Apperently it won't let me delete it, anyway... heh. 

Yeah, I'd heard that about lawyers, too.  It's looking like it might be true.  Just out of curiosity, are you someone who immigrated to the UK, or a UK citizen with a foreign spouse?  I really appreciate your replies!  I used to be pretty active in the Japan forums when I was there, so I know how much time it takes to help people on these forums.  Truly appreciated!

Offline ksand24

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Re: lost passport/interview
« Reply #17 on: April 08, 2018, 11:50:40 PM »
Apperently it won't let me delete it, anyway... heh. 

Ah, never mind then :)

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Just out of curiosity, are you someone who immigrated to the UK, or a UK citizen with a foreign spouse?  I really appreciate your replies!

I’m neither :). Well, I am a UK citizen, but I don’t have a foreign spouse.

I came across the forum in Jan 2007 when I was actually doing research for a fictional story in which a character was moving to the UK from the US on a work visa and I wanted to know more about the process.

After seeing what the forum was about, I decided to join as I had lived in the US on a student visa previously and was in the process of applying for another visa to go to grad school in the US and I thought I could help with questions about UK vs. US student life/life in general. I ended up sticking around and learning about fiancé/spousal visas... and I’ve been giving advice on applying for them ever since (about 11 years now) :).


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Offline SnowFish

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Re: lost passport/interview
« Reply #18 on: April 11, 2018, 12:49:04 AM »
Well, I am a UK citizen, but I don’t have a foreign spouse.


Wow, you became quite the expert!  I have another dumb question... actually, two...

So, if we apply using only savings, we have to detail where the savings came from.  Part of it came from savings from our jobs in Japan, but the bulk of it (75-80 percent) is from his mother.  She had a savings account for him and was putting money in it since he was born.  He didn't know about this account until it matured when he was around 30 years old.  He put the money together with his savings from income 6 months ago. 

Is this going to be a problem?  I recall reading something about not being able to use money "gifted" to you to meet the financial requirment.  That was a while ago, though.  Not sure if it's still valid.  Is this money considered a gift?  Would it be better to use his income, with the savings to make up the small difference?

Second question:  Does he have to fill out the sponsorship form from the visa site?

OMFG THANK YOU for taking the time to help me in such detail!  I owe you!

Offline ksand24

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Re: lost passport/interview
« Reply #19 on: April 11, 2018, 01:32:14 AM »
1. You can use money gifted to you... this is explicitly addressed in the requirements. You just need to provide a letter from his mother stating that it is a gift, not a loan, and it does not have to be repaid.

2. No, the sponsorship form is for special circumstances visas only (elderly and adult dependant relative visas) and does not apply to fiancé or spousal visa applications.


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Offline SnowFish

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Re: lost passport/interview
« Reply #20 on: April 13, 2018, 09:03:44 PM »
Siiiiigh... so I just chatted with my husband, and it appears that the whole situation has changed. 

First of all, I was mistaken about our savings.  He did not, in fact, put the entire 62,500 in one account.  He put 27,000-ish into an account, and the rest is somewhere else.  Don't even get me started on how angry I am at him.  What the f---.

Second, there is a good chance he is going to lose his job next week.  His team of 6 was told that two people are going to be for sure made redundant next week.  So there is a very real possibility that he might lose his job.

He sent to see a lawyer last week. Apparently, the guy specialized in foreign visas.  However, he's told my husband some things that contradict what I'm seeing on here and on the visa website. 

He suggested that my husband become a carer for his parents, who are both disabled.

He says that if my husband draws the carer's benefit, then he is exempt from the financial requirement to bring me over. 

This seems MUCH too good to be true.  Surely there must be more to it.  I see on the application that there is a section for people whose spouse is a carer, but it asks about income, savings, etc.  Why would it ask for this if there is not some financial requirement to meet?

The lawyer also said that my husband is supposed to send off all the documents and application from the UK.  This is the total opposite of everything I've been told.  He even said they only needed a copy of my passport, not the original. 

I'm really upset. I thought I had it all worked out.  I feel sick to my stomach.  Can anyone shed light on this? 
« Last Edit: April 13, 2018, 09:06:35 PM by SnowFish »

Offline ksand24

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Re: lost passport/interview
« Reply #21 on: April 13, 2018, 09:09:57 PM »
First of all, I was mistaken about our savings.  He did not, in fact, put the entire 62,500 in one account.  He put 27,000-ish into an account, and the rest is somewhere else.  Don't even get me started on how angry I am at him.  What the f---.

That's not an issue... it can be in several accounts, as long as those accounts are either in his name, your name, or both your names, but no one else's, and the money has been under his control for at least 6 months

He will just need to provide 6 full months of bank statements from EACH account the money has been held in.

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Second, there is a good chance he is going to lose his job next week.  His team of 6 was told that two people are going to be for sure made redundant next week.  So there is a very real possibility that he might lose his job.

Sorry, to hear that :(. As long as you have the £62,500 in his accounts combined, you can still use cash savings.

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He sent to see a lawyer last week. Apparently, the guy specialized in foreign visas.  However, he's told my husband some things that contradict what I'm seeing on here and on the visa website. 

He suggested that my husband become a carer for his parents, who are both disabled.

He says that if my husband draws the carer's benefit, then he is exempt from the financial requirement to bring me over. 

That is true.

Receiving Carer's Allowance makes him exempt from the financial requirement.

However, he does need to show 'adequate maintenance' to support you for the visa.

See Page 15 of the Financial Requirements document:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

And also: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/452964/IDI_Adequate_Maintenance_and_Accommodation_Part_8_Annex_F.pdf

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This seems MUCH too good to be true.  Surely there must be more to it.  I see on the application that there is a section for people whose spouse is a carer, but it asks about income, savings, etc.  Why would it ask for this if there is not some financial requirement to meet?

In Part 3 of the Appendix 2 application form, you tick that he is exempt from the financial requirement, and you fill out Part 4 instead.

Then he provides evidence of:
- his eligibility for Carer's Allowance (evidence from the government agency)
- the allowance being paid into his bank account for at least 1 month in the last 12 months
- 6 months of bank statements/payslips showing enough income for adequate maintenance
OR
- 6 months of bank statements showing enough cash savings

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I'm really upset. I thought I had it all worked out.  I feel sick to my stomach.  Can anyone shed light on this?

Please, don't be upset.

You have a couple of options:

- apply using cash savings of £62,500 under Category D
or
- he applies for Carer's Allowance and applies as exempt from the financial requirement, showing adequate maintenance.
« Last Edit: April 13, 2018, 09:15:46 PM by ksand24 »

Offline larrabee

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Re: lost passport/interview
« Reply #22 on: April 13, 2018, 09:15:41 PM »
Siiiiigh... so I just chatted with my husband, and it appears that the whole situation has changed. 

First of all, I was mistaken about our savings.  He did not, in fact, put the entire 62,500 in one account.  He put 27,000-ish into an account, and the rest is somewhere else.  Don't even get me started on how angry I am at him.  What the f---.

Second, there is a good chance he is going to lose his job next week.  His team of 6 was told that two people are going to be for sure made redundant next week.  So there is a very real possibility that he might lose his job.

He sent to see a lawyer last week. Apparently, the guy specialized in foreign visas.  However, he's told my husband some things that contradict what I'm seeing on here and on the visa website. 

He suggested that my husband become a carer for his parents, who are both disabled.

He says that if my husband draws the carer's benefit, then he is exempt from the financial requirement to bring me over. 

This seems MUCH too good to be true.  Surely there must be more to it.  I see on the application that there is a section for people whose spouse is a carer, but it asks about income, savings, etc.  Why would it ask for this if there is not some financial requirement to meet?

The lawyer also said that my husband is supposed to send off all the documents and application from the UK.  This is the total opposite of everything I've been told.  He even said they only needed a copy of my passport, not the original. 

I'm really upset. I thought I had it all worked out.  I feel sick to my stomach.  Can anyone shed light on this?


It is possible to use savings from more than one account but are you saying that some of the money is now not in an account which meets UKVI criteria?

Yes, there is an exemption from the financial requirement for someone in receipt of carers allowance. There are still maintenance requirements to be met but they are less stringent.

Have a look from 3.6 here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

and here for how to work out the maintenance requirement.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/452964/IDI_Adequate_Maintenance_and_Accommodation_Part_8_Annex_F.pdf
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline SnowFish

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Re: lost passport/interview
« Reply #23 on: April 13, 2018, 10:25:12 PM »
l use cash savings.

That is true.

Receiving Carer's Allowance makes him exempt from the financial requirement.

However, he does need to show 'adequate maintenance' to support you for the visa.




Okay... I've had a look at all those links... thank you SO much! 

If I've figured correctly... were he to get carer's benefit, we would need "maintenance" of around £115.  He says that carer's benefit would provide £60 per week. Using our savings of 27,000 as "income," divided by 52 weeks in a year... would provide around £500 per week.  That's more than enough to meet the £115. 

We would initially live with his parents, who own their home, so there won't be rent to pay. 

Hmmm... lots to think about.  I wonder what is involved in becoming a carer, and how long it takes.

Offline larrabee

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Re: lost passport/interview
« Reply #24 on: April 13, 2018, 10:27:36 PM »
Okay... I've had a look at all those links... thank you SO much! 

If I've figured correctly... were he to get carer's benefit, we would need "maintenance" of around £115.  He says that carer's benefit would provide £60 per week. Using our savings of 27,000 as "income," divided by 52 weeks in a year... would provide around £500 per week.  That's more than enough to meet the £115. 

We would initially live with his parents, who own their home, so there won't be rent to pay. 

Hmmm... lots to think about.  I wonder what is involved in becoming a carer, and how long it takes.

https://www.gov.uk/carers-allowance
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline larrabee

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Re: lost passport/interview
« Reply #25 on: April 13, 2018, 10:33:52 PM »

The lawyer also said that my husband is supposed to send off all the documents and application from the UK.  This is the total opposite of everything I've been told.  He even said they only needed a copy of my passport, not the original. 


You are right, the lawyer is wrong here. You will apply from the US and you do need to send your original passport.

It sounds a little like he is used to dealing with clients from countries other than the USA.
« Last Edit: April 13, 2018, 10:43:07 PM by larrabee »
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline ksand24

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lost passport/interview
« Reply #26 on: April 14, 2018, 06:40:43 AM »
You are right, the lawyer is wrong here. You will apply from the US and you do need to send your original passport.

It sounds a little like he is used to dealing with clients from countries other than the USA.

In some countries that is the case, but not for US applications... this is a big reason why we do not recommend talking to lawyers because most of them are used to dealing with complicated cases (asylum, appeals, refusals etc.) and are not familiar with how to apply with a straightforward application from the US.

For example, for applications from Pakistan, the applicant attends an in-person appointment in Pakistan to submit their biometrics and application form, passport and documents in person, and then the sponsor in the U.K. has I think 20 working days to mail their supporting documents to Sheffield from within the UK.

But in the US, biometrics are taken by US immigration on behalf of UKVI and then everything must be sent to Sheffield in one package within 5 days of biometrics. The sponsor cannot send their documents separately.

It also says very clearly on the ‘Apply for a U.K. visa in the USA’ webpage that if you do not send your original passport, the visa will be refused (you need to send the passport because the visa has to be placed inside it):
https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa#post-your-application

Though in other countries, you might be able to keep your passport and then when the visa has been processed you have to return your passport to the Visa Application Centre where you submitted your documents so they can issue the visa.


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« Last Edit: April 14, 2018, 06:43:49 AM by ksand24 »

Offline SnowFish

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Re: lost passport/interview
« Reply #27 on: April 14, 2018, 06:00:29 PM »
In some countries that is the case, but not for US applications... this is a big reason why we do not recommend talking to lawyers because most of them are used to dealing with complicated cases (asylum, appeals, refusals etc.) and are not familiar with how to apply with a straightforward application from the US.



Yes, that is exactly what the lawyer told my husband.  He said he only deals with maybe one US app per year. 

Well, looks like our options are either to apply using husband's income plus savings, or he leaves his job/is made redudant, and becomes his mother's carer.  He won't know what happens with his job for maybe another week or so... so now, we wait. 

SO TIRED of waiting. 

Husband wants to join this forum, as I've told him you guys are very helpful and knowledgeable.  A million thanks, guys!
« Last Edit: April 14, 2018, 06:26:36 PM by SnowFish »

Offline larrabee

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Re: lost passport/interview
« Reply #28 on: April 14, 2018, 06:37:58 PM »

Husband wants to join this forum, as I've told him you guys are very helpful and knowledgeable. 


Go right ahead Mr SnowFish, just be sure to let us know who you are so we don't get confused!  ;D
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline KFdancer

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Re: lost passport/interview
« Reply #29 on: April 14, 2018, 07:26:53 PM »
Hopefully we can give him the confidence to do the visa on your own and not use a lawyer.   :)