Author Topic: lost passport/interview  (Read 1893 times)

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Offline Masked Thespian

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Re: lost passport/interview
« Reply #30 on: April 14, 2018, 09:19:32 PM »
Hey, everyone.  This is Mr Snowfish (which is, frankly, a much better name than my usual one that I've already used for this account, but oh well) checking in.

Pretty much everything that my wife has posted here is correct.  Back in 2017 I didn't take all of the money that my mother could have gifted to me at the time, which is why I currently only have £27,000 in a single account right now (though my mother can gift the rest to me at any time, it obviously won't be in an account in my name for six months for...  well...  six months, so that's kind of off the table).

With regards to my job, I earn £15,000 a year before tax and deductions.  Plugging that into the "savings of (£18,600 - AnnualIncome)*2.5 + £16,000" formula means that the savings of £27,000 should be enough to go alongside my annual income to qualify.  I don't believe that I'm in danger of losing my job, as my team is being offered the chance to apply for voluntary redundancy and at least two of them are going to apply for it, meaning that I shouldn't be considered for involuntary redundancy despite being the most recent addition to the team (the company doesn't work on a "last-in, first-out" basis).  I do recognise that applying using the "income + savings" route is more complicated than just by savings alone (for which I have apologised to my wife for), but the list of documents that ksand24 posted on April 8th [nofollow] isn't going to be a problem for me to provide.

Considering that I would have to work out a month-long notice period if I otherwise left my job, and my Snowfish tells me that she ought to be able to make an application in the next fortnight or so, it doesn't seem worth me applying to be my parents' carer unless circumstances change, but it's good to know that I do have the option to do that if I'm left with no alternative, particularly if things do go pear-shaped with regards to my current job.

The lawyer I've been "seeing" has been giving me free consultations by telephone, as he doesn't believe in charging people for advice that can just be given over the phone in minutes, which I'm led to believe is a rare attitude.  I sought his advice because some of the information my wife and I have self-researched in the past has been contradictory and I just wanted to speak to someone who specialised in that field before we made our application.  He did mention that he rarely deals in applications from the USA, averaging maybe only one or two per year, so the majority of his experience is, as larrabee theorised [nofollow] and ksand24 confirmed [nofollow], with dealing with applicants' spouses living in countries that aren't the USA.  He has told me that he believes that the two of us have a very strong case and that he can't see any reason why our application would be rejected, citing the length of time we lived together in Japan for (around 2.5 years as an unmarried couple and almost 1 year together married) as the main reason for this belief.

The literature the lawyer gave me (the "huge list of documents [nofollow]") listed everything from the point of view of an applicant living in the UK applying on behalf of his/her spouse in a foreign country, as opposed to what can be done for US applicants that involves applying online, which would likely explain the incorrect advice given (e.g. that my wife would need her passport for her interview but could send me just a photocopy, and that I would need to send the evidence myself rather than have her do it).  Based on discussions my wife and I have had, we're almost certainly not going to be using him for our application, though I'm still grateful to him for (some of) the advice he's given me.

That's pretty much all I have to say right now.  I'd be happy to answer any questions anyone has for me, though please be kind   [smiley=shy.gif]
« Last Edit: April 14, 2018, 09:57:46 PM by Masked Thespian »
Kind Regards,
MT.

Online larrabee

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Re: lost passport/interview
« Reply #31 on: April 14, 2018, 09:37:59 PM »
Hi MT, thanks for joining!  ;D  I think that's a fine user name but if you did decide that you wanted to use MrSF after all, just message a mod and they will be able to sort you out.  :)

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 #32 on: April 14, 2018, 09:40:19 PM »
Welcome Mr SnowFish!  You are in good hands.

Sounds like you’ve got a great plan.  And I’m happy to hear you are highly unlikely to be made redundant!   :D


Offline ksand24

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Re: lost passport/interview
« Reply #33 on: April 14, 2018, 09:42:42 PM »
Welcome to the forum, Mr. Snowfish :).

With regards to my job, I earn £15,000 a year before tax and deductions.  Plugging that into the "savings of (£18,600 - AnnualIncome)*2.5 + £16,000" formula means that the savings of £27,000 should be enough to go alongside my annual income to qualify.  I don't believe that I'm in danger of losing my job, as my team is being offered the chance to apply for voluntary redundancy and at least two of them are going to apply for it, meaning that I shouldn't be considered for involuntary redundancy despite being the most recent addition to the team (the company doesn't work on a "last-in, first-out" basis).  I do recognise that applying using the "income + savings" route is more complicated than just by savings alone (for which I have apologised to my wife for), but the list of documents that ksand24 posted on April 8th isn't going to be a problem for me to provide.

That sounds positive for your job :). It doesn’t really make things more complicated to use savings and income... it just means providing a bit more documentation, to show both the savings and the employment.

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Considering that I would have to work out a month-long notice period if I otherwise left my job, and my Snowfish tells me that she ought to be able to make an application in the next fortnight or so

The only problem with that would be that you must provide a letter from your employer stating your employment details and salary and confirming you will continue to work for them for the foreseeable future, so if you are being made redundant and/or are working your notice, they won’t be able to provide that letter, which means you wouldn’t be able to use your income for the visa.

Also, you would still need to be able to show you were employed on the date she enters the U.K. on the visa, because they can check that your circumstances haven’t changed and you still meet the requirements.

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I sought his advice because some of the information my wife and I have self-researched in the past has been contradictory and I just wanted to speak to someone who specialised in that field before we made our application.  He did mention that he rarely deals in applications from the USA, averaging maybe only one or two per year, so the majority of his experience is, as larrabee theorised and ksand24 confirmed, with dealing with applicants' spouses living in countries that aren't the USA. 

I’d be interested to hear what you found was contradictory because all our advice regarding how to apply and what documents to include comes directly from the UKVI website, which is all published there.

In regards to specialising in the field though... the lawyer himself said he only deals with 1 or 2 US applications per year, and I can’t imagine he deals with all that many applications from other countries in total per year, given the time he would need to give each case (not sure how many cases is reasonable for a lawyer to handle per year though).

On the other hand, here on the forum, we’ve advised hundreds, if not thousands of US applicants in the last few years, and with a small number of exceptions, they have all been approved.

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He has told me that he believes that the two of us have a very strong case and that he can't see any reason why our application would be rejected, citing the length of time we lived together in Japan for (around 2.5 years as an unmarried couple and almost 1 year together married) as the main reason for this belief.

Applications from the US have a 93-98% approval rate. As long as you meet the requirements and provide the documents the visa WILL be issued... so most people applying from the US will have a ‘strong case’.

The only time to be concerned or to seek a lawyer’s advice would be if the applicant:
- has serious criminal convictions
- has been refused entry or visas to the U.K. in the past
- has overstayed illegally in the U.K.
- has worked illegally in the U.K.


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Offline Masked Thespian

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Re: lost passport/interview
« Reply #34 on: April 14, 2018, 10:21:53 PM »
Hi MT, thanks for joining!  ;D  I think that's a fine user name but if you did decide that you wanted to use MrSF after all, just message a mod and they will be able to sort you out.  :)

I think I'll be all right with what I've got (I don't believe in hiding behind anonymous internet handles, and thus try to use the same name on all websites I frequent), but it's good to know that the option is there if I need it.

Plus, I like to give my wife her space.  Don't want her to think I've gone all clingy or anything  ;)


Welcome Mr SnowFish!  You are in good hands.

Sounds like you’ve got a great plan.  And I’m happy to hear you are highly unlikely to be made redundant!   :D

Thanks very much.  Frankly, this week has been horrible for me and the rest of my team.  We were given the news about the redundancies on Tuesday morning, and I was stuck in a state of dread all day as I figured that losing my job would be the end of things for my wife's visa application.  So much so that I couldn't even think about researching into what to do that evening.  On Wednesday lunchtime I was able to speak with the lawyer and by Wednesday evening I'd confirmed that the possibility of becoming my parents' carer was a viable one that would allow the application to go ahead in the worst case scenario.  And by Thursday evening I'd found out that at least two of my colleagues will be applying for the voluntary redundancies, which pretty much closed the door on everything that I'd been worrying about.  Still, it's not been great, as we're losing two members of our (work) family and none of us are happy about that.


Welcome to the forum, Mr. Snowfish :).

That sounds positive for your job :). It doesn’t really make things more complicated to use savings and income... it just means providing a bit more documentation, to show both the savings and the employment.

Fair enough.  Perhaps I put too much emphasis on that point before, but I understand.


The only problem with that would be that you must provide a letter from your employer stating your employment details and salary and confirming you will continue to work for them for the foreseeable future, so if you are being made redundant and/or are working your notice, they won’t be able to provide that letter, which means you wouldn’t be able to use your income for the visa.

Also, you would still need to be able to show you were employed on the date she enters the U.K. on the visa, because they can check that your circumstances haven’t changed and you still meet the requirements.

That's fair.  Once everything's worked out from the redundancies then I'll push my manager/HR for such a letter (on company-headed paper) as soon as possible.

Out of interest, at what point would I be able to change my circumstances (e.g. start a new job, move into a new home, etc.)?  Presumably it would be after my wife moves to the UK, but is there any particular period of time that we have to wait for before we can do those kinds of things?


I’d be interested to hear what you found was contradictory because all our advice regarding how to apply and what documents to include comes directly from the UKVI website, which is all published there.

Unfortunately, I can't really tell you the contradictory information as it was mostly hearsay from other people in similar situations over the course of the past five years that I never really noted down.  Sorry.


In regards to specialising in the field though... the lawyer himself said he only deals with 1 or 2 US applications per year, and I can’t imagine he deals with all that many applications from other countries in total per year, given the time he would need to give each case (not sure how many cases is reasonable for a lawyer to handle per year though).

On the other hand, here on the forum, we’ve advised hundreds, if not thousands of US applicants in the last few years, and with a small number of exceptions, they have all been approved.

Which is why I decided to create an account here.  Frankly, I'd rather speak to people who know what they're talking about (which is why I initially sought the advice of an immigration lawyer in the UK, because I figured that one of those would be the best to talk to on this matter).


Applications from the US have a 93-98% approval rate. As long as you meet the requirements and provide the documents the visa WILL be issued... so most people applying from the US will have a ‘strong case’.

The only time to be concerned or to seek a lawyer’s advice would be if the applicant:
- has serious criminal convictions
- has been refused entry or visas to the U.K. in the past
- has overstayed illegally in the U.K.
- has worked illegally in the U.K.

That's fair.  However, it must be pointed out that I tend to be overly cautious so me seeking out a lawyer's advice in this seemingly-straightforward case isn't unusual, as I don't necessarily trust myself to find the specific information I need on the internet, due to there being so many different pages offering advice that may or may not apply to my particular situation.

Thanks for all of the advice, everyone.  Hopefully we'll be able to make our application soon, thanks to all of you   :)
Kind Regards,
MT.

Offline ksand24

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Re: lost passport/interview
« Reply #35 on: April 14, 2018, 10:34:54 PM »
Out of interest, at what point would I be able to change my circumstances (e.g. start a new job, move into a new home, etc.)?  Presumably it would be after my wife moves to the UK, but is there any particular period of time that we have to wait for before we can do those kinds of things?

No particular period of time... but we recommend not changing anything until after she has arrived in the U.K. on her visa, so that when she arrives, you still meet the same requirements you used to apply for it.

Once she is here though, you’re free to change jobs... you’ll just need to make sure you can meet the income/savings requirement again in 2.5 years. Of course, once the visa has been granted, her income can be combined with yours to meet the £18,600 for the next visa, so the pressure is off a bit.

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Unfortunately, I can't really tell you the contradictory information as it was mostly hearsay from other people in similar situations over the course of the past five years that I never really noted down.  Sorry.

No worries - I thought maybe you were seeing contradictions on the official UKVI website :).

Quote
That's fair.  However, it must be pointed out that I tend to be overly cautious so me seeking out a lawyer's advice in this seemingly-straightforward case isn't unusual, as I don't necessarily trust myself to find the specific information I need on the internet, due to there being so many different pages offering advice that may or may not apply to my particular situation.

That’s fair enough. We’ve just seen so many people find us here on the forum after being given extremely bad advice from lawyers, which would have resulted in a visa refusal (or in some unfortunate cases, did actually result in a refusal), and most of them regret ever having spoken to/given money to a lawyer at all... so we’re wary of them.

It’s not so much that those lawyers are bad, but like you’ve found, they simply weren’t familiar with straightforward US applications, because most cases they deal with are for people in complicated circumstances who are fighting to stay in the UK legally.

As a result we only recommend two law firms here on the forum, because they specialise in US-UK family visa applications and we know they know what they are talking about. However, they are expensive, and you don’t really need to use their services unless you have complicated circumstances (involving the factors I mentioned above).



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Offline Masked Thespian

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Re: lost passport/interview
« Reply #36 on: April 15, 2018, 08:24:56 PM »
So, something possibly interesting has come up in discussion with my mother today.  It turns out that the rest of the money she is giving me has been sitting in a joint account in the two of our names all this time (I.e.  In mine and my mother's names).  Would this money, in a joint account between myself and my mother, be able to be considered for going for a savings-only application?  Especially if she were able to provide a letter stating that the money is considered mine and is a gift, as mentioned in this post. [nofollow]

I'm uncertain whether the money can be spread across multiple accounts, let alone having one of those accounts be not 100% in my sole name.

There is also one more potential spanner in these works:

Sounds good :). Category D: Cash Savings is the easiest category to meet :).

He’ll need to get 6 full months (not a day less) of original bank statements showing that the balance has not dipped below £62,500 for even 1 day during the 6 months.

My mother accidentally took out £15,000 back in October, but replaced the exact amount on the same day.  The statement states both the 25th of October for the money going out and the 25th of October for the money going back in.  Would that invalidate it?
Kind Regards,
MT.

Online larrabee

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Re: lost passport/interview
« Reply #37 on: April 15, 2018, 08:28:08 PM »
So, something possibly interesting has come up in discussion with my mother today.  It turns out that the rest of the money she is giving me has been sitting in a joint account in the two of our names all this time (I.e.  In mine and my mother's names).  Would this money, in a joint account between myself and my mother, be able to be considered for going for a savings-only application?  Especially if she were able to provide a letter stating that the money is considered mine and is a gift, as mentioned in this post.

I'm uncertain whether the money can be spread across multiple accounts, let alone having one of those accounts be not 100% in my sole name.

There is also one more potential spanner in these works:

My mother accidentally took out £15,000 back in October, but replaced the exact amount on the same day.  The statement states both the 25th of October for the money going out and the 25th of October for the money going back in.  Would that invalidate it?

The money can only be in an account in the sponsor's name, the applicant's name or both of them jointly. For the money in the joint account with your mother to count, you would need to move it out of the account which has her name on it and start the 6 months from then.
You would also need to provide a letter from her stipulating that it was a gift.

I honestly don't know about the money going out and back again on the same day but the point is moot because your mother's name was on the account.
« Last Edit: April 15, 2018, 08:38:29 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 Masked Thespian

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Re: lost passport/interview
« Reply #38 on: April 15, 2018, 08:30:02 PM »
Ah well.  Thanks for the quick reply, though   :)
Kind Regards,
MT.

Online larrabee

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Re: lost passport/interview
« Reply #39 on: April 15, 2018, 08:35:57 PM »
Ah well.  Thanks for the quick reply, though   :)

And the money can be spread over multiple accounts (with the above stipulation about the owners)  but if you have a chance to organise before any 6 month period starts, having it all in one account in the UK is the best way to do it.  It's simpler to calculate, you only need to produce statements for one account and you don't have the exchange rate to worry about!
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 Masked Thespian

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Re: lost passport/interview
« Reply #40 on: April 16, 2018, 01:54:44 PM »
One more question (apologies).  If I were to take voluntary redundancy (or forced to take involuntary redundancy), I would get a pay off of one month's salary in lieu of working my notice period (one month).  Does anyone happen to know how receiving that pay off would affect my ability to receive the carer's allowance?
Kind Regards,
MT.

Online Sirius

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Re: lost passport/interview
« Reply #41 on: April 16, 2018, 02:51:11 PM »
How are you planning to make the "adequate maintenance" that ksand mentioned above, to show that you can support a spouse? You won't get the Income Support benefit because you have savings over 16k and will be expected to use those to live on because IS is a income based benefit. Or you might already be in a full service area for Universal Credit and Income Support is one of the income based benefits that UC is replacing; likely different rules but still the 16k limit.

https://www.gov.uk/income-support/eligibility

https://www.gov.uk/universal-credit

ksand is very good at calculating how much "adequate maintenance" needs  to be shown, as well as being very good at knowing the rules for a spouse visa. :)

You also need to be aware that if you get CA, it might mean that your parents are given less benefits. The CAB often have a benefits specialist and they can do a benefit calculation for you to see if you claiming CA will reduce your parents' benefits.
« Last Edit: April 16, 2018, 03:06:52 PM by Sirius »

Online Sirius

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Re: lost passport/interview
« Reply #42 on: April 16, 2018, 02:54:37 PM »
One more question (apologies).  If I were to take voluntary redundancy (or forced to take involuntary redundancy), I would get a pay off of one month's salary in lieu of working my notice period (one month).  Does anyone happen to know how receiving that pay off would affect my ability to receive the carer's allowance?

The CAB benefits specialist will also know if that is counted as salary and when you would be granted CA.

Offline ksand24

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Re: lost passport/interview
« Reply #43 on: April 16, 2018, 04:05:38 PM »
How are you planning to make the "adequate maintenance" that ksand mentioned above, to show that you can support a spouse?

I believe this has already been discussed above - they could use their £27,000 cash savings to meet the adequate maintenance requirement.

If they move in with his parents, I believe they won’t be paying rent/council tax and so will only need to show £115 income per week. Carer’s Allowance is £65.60 per week, so that’s only about £50 per week left to show.

£27,000/£50 a week gives 540 weeks... or 10 years’ worth of adequate maintenance.

Or if they have to cover the whole £115 using savings, that’s 4.5 years’ worth of maintenance.


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Online larrabee

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Re: lost passport/interview
« Reply #44 on: April 16, 2018, 04:56:40 PM »
One more question (apologies).  If I were to take voluntary redundancy (or forced to take involuntary redundancy), I would get a pay off of one month's salary in lieu of working my notice period (one month).  Does anyone happen to know how receiving that pay off would affect my ability to receive the carer's allowance?

I don't know if that would be considered employment income or not. My guess is that it would but that is only a guess.  :)

I'd give them a call,  explain the situation and see what they say.

Quote
Contact the Carer's Allowance Unit
Get information on Carer’s Allowance and how to make a claim.
General enquiries
Telephone: 0800 731 0297
Textphone: 0800 731 0317
Monday to Thursday, 8:30am to 5pm
Friday, 8:30am to 4:30pm



https://www.gov.uk/carers-allowance-unit
« Last Edit: April 16, 2018, 04:57:58 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.