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STEPS TO TAKE IN CASE OF LACK OF MAINTENANCE AND ACCOMMODATION ON THE PART OF APPLICANT AND/OR BRITISH SPONSOR

2/20/2012

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ECO-Friendly tips:

Under the general rule, the applicant for the UK Spouse Visa, UK Fiancée Visa or UK Unmarried Partner Visa must show that they (both applicant and the British sponsor/petitioner) will be able to financially maintain themselves while living in the UK without resorting to public funds.

As stated in the UKBA website, in order for the applicants to prove that they are qualified for the UK Spouse, Fiancée or Unmarried Partner Visa applied for, they must show that:

-          They have sufficient independent means

-          They have employment for one or both of the parties

-          They have sufficient prospects of employment for one or both parties

According to the UKBA website, “The Immigration Rules require that an applicant and their sponsor must provide evidence that they are able to maintain themselves and any dependants without recourse to public funds.”

The UKBA website adds that the applicant and the petitioner/fiancée, “…must provide evidence that maintenance is available in the form of cash funds.”

The types of evidence acceptable may be in the form of the following official documents:

·         personal bank or building society statements; and/or

·         building society pass books; and/or

·         letters from banks or building societies confirming funds; and/or

·         letters from financial institutions regulated by the Financial Services Authority (or the home regulator, if the account is overseas) confirming funds.

But what if both parties are not capable of showing their financial stability? What if they cannot live in the UK without recourse to public funds? What should the couple do if either of them does not possess enough financial capacity to live in the UK?

Are there any other alternatives to demonstrate that they can financially support each other despite their lack of financial standing? Or does this mean the lovebirds can no longer fulfill their dreams of ever living together as a family in the UK?

Most applicants are aware that the evidence on maintenance, under the UKBA website, may be provided by either:

·         The applicant with their own funds or with funds available to them; or

·         The sponsor; or

·         A combination of applicant and sponsor funds

Aside from the applicant or the sponsor, a third person is also allowed under UK laws to render an undertaking stating principally that they guarantee to financially support the sponsor and applicant until the latter can provide for their upkeep from their own resources.

This person is called a THIRD PARTY. As explained in the UKBA website, “Third party support is not precluded from consideration under the maintenance requirements relating to spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried partners, same-sex partners, children, parents, grandparents and other dependent relatives of sponsors who are settled in the UK.”

It is only a matter of how the UK Spouse, Fiancée or Unmarried Partner Visa applicant presents his or her evidence in order to persuade the ECO of the truth behind the declaration of the said THIRD PARTY.

The UKBA website adds that, “The Entry Clearance Officer will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he / she can be adequately maintained in the UK without recourse to public funds. The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets.”

Here at ECO-Friendly, we explore every possible approach pertaining to the application of each client, whether for a UK Spouse Visa, UK Fiancée visa, or UK Unmarried Partner Visa. 


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