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Discussion Starter · #1 ·
Hi All,

First Time on these Forums although i have read a few posts over the last few years.
Wondering if you can help..

Our situation, both living in New Zealand.

Me : New Zealand Citizen (have spent 2 years in UK on youth Visa)
Wife : British Citizen and New Zealand resident.

I work as an engineer and my wife works part time, earns about £12,000 with little realistic opportunity to get a guaranteed job in the UK.

Based on this we figured the only way would be the savings route, and from looking at the Financial Support document on GOV.uk, it indicates that a sale of house could be used.

My question is really about timeframe, the application says that you need to apply a maximum of 3 months before you intend to arrive in the UK and you must arrive within 30 days of acceptance.

So for us:
1 - Sell House, hope there is enough with savings.
2 - Move in with family
3 - Make Application once we have all information
4 - Submit application + Biometrics (3 Months out to Date of visa)
5 - Application takes up to 2-3 months (or more, which i dont understand re above)
6 - Application is accepted, now organise everything to be in the UK within a 30 day period..

I may be missing something but seems hugely complicated and extremely tight time frame, especially due to the distance from NZ to UK.

Also additional question. Does the 30 months Residence start from arrival in UK or issue of visa? Do i need to be present in the UK for 60 months to apply for Settlement?

Thank you in advance!
Matthew
 

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What is critical is when you make your online application, you must fit within the timeframe specified about the length of ownership of your house (minimum 6 months at the time of sale) and the actual property sale and transfer of proceeds into a cash bank account. Then regardless of how long it takes for your visa to come through, you leave for UK within the 30-day window of your vignette.
You get 33-month leave to enter and you can renew your leave after being in UK for 30 months (minus up to 28 days). You can apply for settlement after being in UK for 5 years.
 

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Discussion Starter · #4 ·
Thank you Joppa,

We have lived in the house for over 3 years now so that shouldn't be an issue.

So i assume we will have to wait for the Vignette and just pay for flights to UK / organise any shipping and arrive in the UK within the next 30 days?
 

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Discussion Starter · #5 ·
Hi HKG3,

Unfortunately, my Great Grandparents were from UK/Scotland/Wales etc but none of my Grandparents.

My wife has Permanent NZ Residency, why would you recommend Citizenship as this would be in 3-4 years time.
 

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Yes, as you don't know how long it will take to get your visa approved. While last-minute ticket can cost more, it's still cheaper than having to forfeit non-amendable ticket.
 

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Hi Matthew,

Thank you for asking this question.

We hoping to pass via the same route of having sold our home (transfer to take place 1 November), however our Immigration lawyer has suggested that we should hold the proceeds of the sale of our home in our bank account for at least a month before we submit our application. No where in the rules do we see that that is necessary unless you have owned your home for less than the six month period required.

Would love to know about success stories?
 

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Hi Matthew,

Thank you for asking this question.

We hoping to pass via the same route of having sold our home (transfer to take place 1 November), however our Immigration lawyer has suggested that we should hold the proceeds of the sale of our home in our bank account for at least a month before we submit our application. No where in the rules do we see that that is necessary unless you have owned your home for less than the six month period required.

Would love to know about success stories?
As long as you have owned your home for at least 6 months there is no minimum amount of time that the proceeds from the sale have to sit in a bank account.
 

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Thank you nyclon!
It's all getting so confusing, when it really shouldn't be. Our lawyer has referred us to the examples given in Appendix FM 7.4.15 example B. So now there seems to be confusion over whether we should follow the rules or the examples... if we follow the examples, we'll need to also change my husbands' name to "Bob" :)
 

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Discussion Starter · #10 ·
Another question about using our House as the financial requirement.

Say our mortgage can go up to £250,000 based on the value of the house.
Say the money we currently owe on our house is £150,000.

Can we use the £100,000 availability on our mortgage as proof of access to funds?

I found th following on ukmarriagevisa.com/new-ways-to-meet-the-financial-requirements-as-of-10-august-2017..

"
Mortgages as a source of income

Considering the fact that the new legislation is based on exceptions and that the income requirement is still the same, should the application not meet the required financial threshold, it may be possible to rely on income or funds from other acceptable sources such as residential or commercial mortgage. In order to facilitate a UK visa application without hard cash savings available or the relevant income, a sponsor may decide to purchase a property with a mortgage amount or loan to value slightly higher than the sale price of the property in question.

With the loan to value being slightly higher than the property sale price (and after the deposit is applied) will, on application of the mortgage by the lender, permit the sponsor to have extra cash available to meet the shortfall of the income requirements. Subject to the mortgage being provided by a lender that is the FSA equivalent regulated, as such and that with the exceeding loan to value, the mortgage payments are still reasonably affordable by the mortgage applicant for the duration of the limited leave to remain applied for, this additional source of income may be considered by the UKVI caseworkers when making a final determination of eligibility.
"
 

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Our situation, both living in New Zealand.

Me : New Zealand Citizen (have spent 2 years in UK on youth Visa)
Wife : British Citizen and New Zealand resident.
Matthew

One more unrelated point - you may want to ask your wife to get New Zealand citizenship before returning to the UK if she qualifies for it and not already done so. This will make any trips to New Zealand (both short holidays and long term stays) easier in the future.
 

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Discussion Starter · #12 ·
Hi HKG3,

Citizenship will be another 3-4 years minimum. Total of 5+ years on residency.
Permanent Residency in NZ is currently.. permanent, so we are not to worried about this.

We are currently concerned about family health and view this as a good time for me to work towards ILR in UK incase we have to move to help for this reason, and before the rules get even more difficult to meet.

This will mean that in 5 years we will have permanent access to both countries as needed for whatever may happen. (I am likewise assuming ILR does not run out?)

Leaving it for another 4 years before i start the process, we may not be in the financial situation to meet the requirements. While there is the possibility that UK-NZ visa situation will be improved i doubt that this will be the case.

Thanks for your advice.
Matt
 
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