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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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Goo sfternoonPlease can you tell me if it is worth

Customer Question

Good afternoon Please can you tell me if it is worth appealing when a settlement visa has been denied ( to my future American daughter-in-lawn and the mother of my 2 year old granddaughter) on the grounds that she has not had £64,000 in her current account months, although her assets are far in excess of this amount, albeit in bonds. Also her London lawyer who prepared the papers never told her she would need this amount, therefore only £34,000 was held in her current account. Many thanks. Sue Holtby

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you question.
It depends how they have reached the calculation as to whether she can appeal or not. See the table on the following document just after clause 7.2.4 which explains how the financial requirement is calculated and see if the calculation they have done in the case of your future daughter in law is correct.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
You'll see that the requirement is cash savings which would exclude bonds so she may have to reduce some of these to cash to meet the requirement but the calculation has to be checked.
Happy to discuss further.
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Customer: replied 2 years ago.

there,

What difference would it make if my son gets married? Would the refusal settlement visa go against my daughter-in-law? And would my son be allowed to remain in the USA as her new husband?

Many thnaks

Sue Holtby

Expert:  JGM replied 2 years ago.
It won't make a difference if they're married. What do you mean by go against her?
Customer: replied 2 years ago.

When Shaina applies again in 6 months time ( by which time she will have had the required amount of readily available money in the right account) what difference will the fact they will have been married months by that time as well, make to her second application?

Expert:  JGM replied 2 years ago.
It won't make any difference on the basis that the sole reason was financial, not one of marital status.