And now advice for the 2nd couple who sold their UK property and kept the proceeds in the bank for 6 months. The thing is: they didn’t have to wait for 6 months after the sale!

By 1st 4Immigration - #1 UK Immigration Experts -
The couple said in the article they even had to move to Australia for 6 months while waiting for the cash to “spend” 6 months on a bank account. The Guardian article on Supreme Court ruling for spouses of UK citizens is here: https://www.theguardian.com/uk-news/2017/feb/22/supreme-court-spouse-rule-in-one-word-we-are-devastated
 
 
We had already explained a solution for the 1st couple (Brazilian / British where the British husband was struggling to find a job in the UK while still living in Brazil): http://1st4immigration-visas.blogspot.co.uk/2017/02/the-guardian-article-on-supreme-court.html
 
Here is our general advice to the 2nd couple mentioned there, with the husband being from Australia.   
 
Based on the article, it appears The couple used the Savings option. It is well-known that one mist keep amount of £62,500 (or equivalent) in the bank for 6 months, with the balance not falling below this even by £1 even for 1 day. It is also relatively known that a property can be sold and net proceeds can be used to meet the Savings requirement. It seems this is what this couple did.
 
What is less known is there is no need to wait for 6 months after the sale of property. The 6 months period in question can be a combination of property ownership and money being kept in the bank. For example, 5 months and 29 days owning a property plus 1 day “cash in the bank”.
 
Furthermore, if it is an extension application, the foreign spouse can apply for a visa using same-day service, thus minimising the time the couple have to spend without a home (in this case the couple mentioned they had to move to Australia for 6 months). Worse, Andrew’s previous Spouse visa had run out during those 6 months, meaning he broke “his” continuous residency in the UK and would have to start “his” 5 years of residency in the UK all over again, meaning an extra visa extension, extra fee etc.
 

For an individual advice or to make your application as successful please contact us: info@1st4immigration.com or visit http://www.1st4immigration.com.
 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training. We have a OISC Level 1 course as well as a Points-Based System course and we also have online training courses, including Online OISC Level 1 course and courses focusing on Spouse/Partner visas. All our training courses are CPD-accredited with CPD credit accepted by OISC.

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