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Discussion Starter · #1 ·
Hi I have a question please

I am the sponsor for my US husband coming to UK
I hold a joint bank account with my father.
My bank statements consequently have both our names on them.
My father never uses the account
All withdrawals and credits are entirely for and by me.
I share my fathers surname.
Will these bank statements be acceptable to UKBA?

I had planned to add a supplementary note by way of explanation:

The reason this bank account is in joint names with my father is that since the age of 18 I have travelled and lived away from home widely, 4 years at university in sheffield, and 10 years in Spain.
The account was opened when I was 18 and the idea behind the joint account was to give my father access to the account (in the days before online banking) so he could assist me when I was travelling whenever necessary.
All the credits and withdrawals are in my name and my father does not access this account at all.

Will this be ok? Or will i need to obtain further evidence that the account is solely mine?
 

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It's not a good idea to use a joint account with your father to evidence financial requirement. Even if he doesn't use this account, by banking rule he has full access to it and can claim at least half the balance belongs to him. If it's more than 6 months before application, you can make it a single account or you can open another account in your name alone and make deposits there.
You can try putting into writing you are the sole user, confirmed by your father, but it may not be enough to satisfy Home Office.
 

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Discussion Starter · #3 · (Edited)
Understood Joppa, however opening a single bank account would delay our application by a further six months.

If i change the account now and get a letter from my bank evidencing that I am now the sole account holder do you think that would suffice?
I would then have 6 months statments in both names and a letter stating that account No12345678 was previously a joint account but is now a single account.

This is turning into a nightmare and i really do appreciate all of your help

Also, i am not actually relying on the balance in my account for the financial evidence. I am a householder, mortgage payer and earn more than twice 18,600£ per annum.
The statements show my wages going in and my mortgage leaving the account.
Is the fact that the balance is acceesible by my father relevant to the UKBA consideration?
 

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I know you only want to show your salary going into your account, but being a joint account complicates things. While the guidance says nothing about joint current account, usually it's with your partner so raises no concern. The fact it's shared by a third party makes it more difficult. Changing to a single account now just before application doesn't eliminate all the problems. All you can hope for is that your explanation will be understood and accepted by Home Office, but there is no guarantee.
 

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Discussion Starter · #5 ·
Big sigh.

If , in a worse case scenario , the application were refused just on this grounds we would obviously appeal and i plan to change my bank account over today.

My question is, would we have to pay again to make this appeal? I guess we wouldnt be able to appeal for another 6 months until the statements were in order?

Thankg again Joppa
 

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There is no cost for an appeal, but it will take at least 6 months to a year. If refused, you can reapply with updated information but a new application means you pay the fee again.
 

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Discussion Starter · #7 ·
Thanks nyclon. If we appealed, would he be able to come into the uk on holiday in the meantime? Would they return his passport?
Or would we have to forfeit the chance to appeal in order to get his passport back so he can travel while we wait for bank statements?
.
I really dont know what to do now for th best
As i see it the optiions are
1. Submit bank statements with a covering explanatory letter and hope for the best
2. Do as above but after changing my account and including a letter from my bank.
3. Change accounts and wait another 6 months.

:fingerscrossed:
 

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What would this letter from the bank say? They can't claim it is exclusively your account. They can't verify that your father never uses it.

Financial requirements are basically set in stone; there is no wiggle room, and the UKBA isn't in the mood to make exceptions. If I were you, I'd delay the application by six months and get my own account.
 

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Discussion Starter · #9 ·
I plan to have my father removed from my account, that way there would be no possibility of him accessing any funds therein in the future.

He has not accessed it in the past but i cannot prove that.

The bank letter will simply state that he has always been on the account since 1985 but is no longr on it and i am the sole account holder.

I believe The fact that he was on it in the past is not relevant. Deposits into the account were made only by my employer. My father made no deposits and has never supported me financially, this can be seen clearly from the statements.

Given the above, if anybody could suggest any logical reason UKBA might have for rrejecting the application on the grounds that my father was a joint account holder I would be grateful to hear them. That way I can justify any possible objections from them

Thank you
 

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I don't think you can have someone "removed" from an account. It might be different in the UK but in the US, they make you open a whole new account; this was done in the wake of 9/11, in a slew of new anti-fraud banking regulations. I suspect the UK might be the same since the UK adopted many of the same new laws and regulations, but of course you can find that out for sure when you enquire.

In any case please let us know how it works out.
 

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Discussion Starter · #11 ·
Hi Amy,

I went to the bank and asked this afternoon.
It is a simple procedure to have someone removed. Both account holders simply sign a form agreeing to the removal of one.
I have now done this and the bank is happy to write a letter confirmng my father was on the account since 1985 but has now been removed and I am the single account holder. Just wish id thought about this earlier....

Any other thoughts on this would be most welcome

Thanks
 

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So you've changed it into a single account. But the fact remains that for the substantial part of the period under question, it was a joint account with your father and he had full access to it. They will know because some of your statements will be shown as joint account with both names. You just have to somehow convince the Home Office that it was in all intents and purposes operated as a single account and your father had no financial involvement in it. Whether this is enough is a moot point.
For example, when you want to use savings towards meeting the financial requirement, if the account in question is a joint account with a third party, only half the amount will be eligible, no matter what you say in mitigation.
 

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Discussion Starter · #13 ·
Thanks Joppa.
I have no savings and didnt think i needed them to meet the financial requirements. I earn more than twice the 18600 pa. Isnt that enough for UKBA?

My stance/ logic is that my husband is coming to the UK in the future, from now on my account is mine only, and my father has no future recourse to it.

The fact that he had access to the account in the past has no bearing on my financial status as it is clear from the statements that he has made no deposits into my account. I have never been financially dependednt on my father, nor him on me.

I am considering leaving my application for another month. That way, my latest bank statement will be in my name only.

Should i spell all that out to UKBA do you think?

Thanks again Joppa
 

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I only gave the example of savings to show the Home Office's stance towards joint accounts, though the two aren't exactly comparable.
I know what you are saying, but whether Home Office is open to a sympathetic consideration is another matter. In recent past, they have shown to be pretty inflexible and unyielding. All I can say is apply and see what happens. As the guidance makes no provision for joint accounts, they may regard it as irrelevant (because as you say there is no dispute over what you have earned), or they may still insist it's material because putting into joint account means you don't have full control over it.
 

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Discussion Starter · #15 ·
Thanks again Joppa.
Maybe im making a mountain out of a molehill, it was me that first realised my statements were in joint names this morning and have been panicking all day.

I think i will just add a covering note explaining the situation and hope that the ECO will see the common sense behind my finances- i just needed someone to be able to help out financially in any potential emergency when i was abroad, which i have been for about half of my adult life.

:fingerscrossed:
 
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