How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your Law Question Here...
UK_Lawyer is online now

I am a British citizen, and my partner is a non-EEA national.

Customer Question

I am a British citizen, and my partner is a non-EEA national. We are not yet married but have been together 10 months, half of which time I was with him in his country. I am now back in the UK and we are trying to apply for a visitor visa for him to visit me in the UK and meet my family. We have applied once already, but he was refused entry.
Although I am sponsoring him, and supplied the necessary bank statements, letter from employer, etc, they have questioned his financial evidence. He is currently an apprentice on probation with a company, and receives monthly payments in cash. He is due to finish his probation period and become a full employee later in the next few months, He submitted a letter from employer, pay slips and bank statements with the application.
Please find an excerpt of the refusal letter below:
You state that you receive X (monetary amount) from your probation with X (company). In support of this you have provided a letter from X (company), pay slips and your bank statements. Whilst I note that the letter states you are on probation until X (date), I note that the bank statement does not reflect any salary income and is made up from cash deposits in excess of your stated income. Furthermore, I note that the balance of the account X (monetary amount) is primarily made up from cash deposits in X (month) with no indication as to the origin of your funds. I am not satisfied therefore that the evidence provided is an accurate reflection of your circumstances as stated on your application form.
Am I correct in thinking according to the above they have the following 3 problems with his application:
1) No evidence of salary in bank statements
2) The cash deposits that he has made are higher than his stated income
3) Cash deposits have been made in largely one month with no explanation of origin of the funds
We are going to re-apply submitting extra evidence to deal with the points they raise in the entry refusal letter. The cash deposits into his account are from a combination of what he is earning through his main job, other odd jobs he does for other companies for which he is also paid in cash, and Western Union money that I have transferred to him. Because the amount of cash he deposited in his bank account which was over and above his stated income over the period covered by his bank statements amounted to only approx £200, he did not provide proof of the rest of this money, but in our next application he will include proof of this, including:
• An invoice from another company for whom he has been doing ad-hoc work for, which explains some of the extra money.
• Receipts of Western Union transfers made by myself and picked up by him in cash, which he paid into his bank account.
• A letter explaining further his situation, that his employer is paying him in cash and he doesn’t receive a salary because he is an apprentice/trainee which is why his bank statements are made up of cash deposits and not bank transfers (although this was explained in letter from his employer in last application)
• A recent bank transfer of money into his account from another company. This will show evidence of why he sometimes has more money than his stated earnings from main employer and will also be a bank transfer on his statement so that his bank statements are not only made up of cash deposits. (I have heard of other people getting refused due to having bank statements only showing cash deposits and no bank transfers, even when cash is simply the way many people are paid.)
Do you think this would adequately address their points?
Our other issue is my current employment situation (I am his sponsor). I am currently self-employed, working as a freelance consultant. In the application we made which was recently refused, I included a letter from the company I was currently working as a freelance consultant for and bank statements. My situation has recently changed however, in that the fixed term contract I had been working on has now finished. This company are likely to offer me more work in the future but I’m currently out of contract. But I can still get a letter from the company confirming I have been working for them on a freelance basis and the daily rate they have been paying me. If I submit this letter along with a letter with my UTR Number, recent invoices and bank statements showing I have enough money in my account to sponsor him (several thousand pounds), will that still be ok despite me not having stable employment? I am only recently self-employed so have no tax return to include yet.
I have one final question which relates to a future spouse visa which we will be applying for when we are married later in the year. If you can prove you have savings of over £62,500, can one meet the financial requirement through savings alone or do you always have to give some evidence of the sponsor having been in the same job for last 6 months?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.

Dear Nicola,

I am ok to wait a little longer, if somebody could get back to me by the end of the week that would be fine.


Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
1. In respect of the refusal letter you are correct instating the issues the immigration officer has with the income and source of the funds which are being deposited into his bank account, provided you submit the evidence you have stated it should assist the immigration officer in understanding your partners position and decide in your favour.
2. Yes, in respect of your income you should explain that your are self-employed and that the company or any other company will be rendering your services. The fact that you also have savings will ensure that you are able to accommodate and maintain your partner if required.
3. In respect of savings , all you need to show is you have £62,500.00 in your account for 6 months or more, you are not required to show employment as well. You only need to show evidence of £62,500.00 to meet the requirements.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

Thank you for help. I have a few follow-up questions in relation to your answers.

  1. In relation to addressing the issues the entry clearance officer has with the evidence of my partner’s financial and employment situation, someone advised me to get a statement of earnings from an accountant to help show the origins of the money he has been depositing into his bank account. Do you think that would be helpful? And if so, what form should that take? Is it a letter and what information should it show? Does it have to break down all amounts going into his account and also account for money spent on living costs? What do we have to look out for to check it is done by an accredited accountant etc? If he gets such a document from an accountant, does he also need evidence of this money in form of invoices etc, or if it was just a verbal agreement, would this accountant’s letter suffice?

  2. When the sponsor of a visitor visa is self-employed: I’m still not completely clear if it is ok that at the time of the application you haven’t actually got any work? I can show that I recently finished a fixed term contract, include a letter from last company I worked for confirming contract and payment details, letter with my UTR and bank statements showing I have enough money to sponsor, but I am not actually working right now and don’t yet have a future offer of work. Is that ok?

  3. In relation to proving the financial requirement for spouse visa through savings alone. Can you have moved that money into a different bank account within that 6 months, as long as it is still in your name? I understand that these savings need to be cash savings which you need to be able to withdraw immediately, so presumably you can’t have these savings in a bond. But if you have moved the savings within that 6 months from a fixed term account to one with has instant access is that ok?

    How would you go about proving the origins of your savings? Is it enough to write a letter declaring where you got the money from or do you also need evidence of eg. an inheritance or a financial gift from a family member?

It is good that the sponsor with the savings then does not have to show employment evidence. Does the spouse still have to prove financial and employment evidence in this situation?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. I do not think an accountants letter would be sufficient in this case simply because your partner's accounts or any evidence of an account was not submitted with the previous application. What you may need to do is obtain an affidavit from your partner confirming the origins of the money because the account is only going to be regurgitating what your partner is stating in his letter. So in this case an affidavit from your partner would be sufficient along with a letter from his main job and odd jobs confirming he is paid in cash and the amount would be more beneficial.
2. Yes this should be fine, provided you have savings then you can sponsor your partner.
3. Yes provided as you stated the savings are in cash and you have held them in your sole name for 6 months or more then this would be sufficient.
4. Ideally you should provide origins of where the money came from for money laundering purposes , but provided you have held them for 6 months that's all the home office would want to see. But having said that I would recommend that you provide evidence of where the funds originated from.
5. No you do not have to be employed if you have the funds in savings as the sponsor.
I hope this clarifies the matter.
Kind regards
Customer: replied 2 years ago.

Thank you for your reply.

  1. You say that an accountant’s letter would not be sufficient given that your partner did not submit evidence of his account with the previous application. Just to clarify, my partner did submit 3 months of bank statements with the application. Does this change what you said about getting a statement of earnings from an accountant, and if you do think this is a good idea, what information should it include? Thanks for what you said about an affidavit, that is also useful.

    4. How do you prove origins of where the funds have come from with savings, eg. in case of inheritance or a financial gift from family member?

    5. I think I didn’t phrase my last question well. I understand that the UK sponsor does not have to prove employment if they have savings over that level, but what I meant was does the non-EEA national still have to evidence their employment and financial situation?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Just to clarify what I meant was that your partner did not submit evidence that he had an accountant in place or is self employed and requires an accountant for his tax affairs. If you still wish to proceed then the accountant would need to verify the accounts and confirm where each payment came from and the source of the money. They would then need to confirm that the account is a true reflecting of the income of your partner and that they are happy to provide evidence of the sources of income if required.
2. Again , either a copy of the Will in case of inheritance or a letter from a solicitor regarding probate confirming the amount that you inherited would be sufficient. In regards ***** ***** gift from a family member then again the family members accounts confirming outgoing of payment to your account would be sufficient as well as a letter from the family member.
3. Strictly speaking no they do not as their income is not taken into account when applying for a spouse visa, however, the home office would still like to know how the person maintains and accommodates themselves in their home country ie by working, by you , by a family member etc.
I hope this clarifies the matters.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for very much for your help.

Expert:  UK_Lawyer replied 2 years ago.
Its a pleasure.
Kind regards