Application Appendix FM Se - Arona St James Solicitors
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Application Appendix FM Se

If your client has sold up and put all his monies into Gold Bullion and Silver coins and wants to call his partner/ spouse to the UK. The application of Appendix FM Se
Cash savings held only in gold /silver coins. We put this to the Home Office and they supplied the below guidance.
This investment can be treated as any other covered in the Rules and Guidance – but they must be able to satisfy the Rules to show how long they have held them for and their value in the 6 months prior to the spousal visa application. Clients can liquidate the gold/ silver during the 6 month period as long as they have proof of ownership. the applicant would have to liquidate the gold /silver before they apply for their visa.
“Appendix FM SE Guidance relied upon:-
7.4.8. Under paragraph 11A(c) funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments (including funds liquidated from a pension pot), stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that:
(i) The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.
(ii) The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.
(iii) The requirements of Appendix FM-SE in respect of the cash savings held at the date of application are met, except that the period of 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.
(iv) For the purposes of sub-paragraph 11A(c), “investments” includes funds held in an investment account which does not meet the requirements of paragraphs 11 and 11A(a).
7.4.9. This means that, where the cash savings have previously been held as investments (including where they have been held in an investment account which does not meet the requirements of paragraphs 11 and 11A(a)), stocks, shares, bonds or trust funds that were owned by and under the control of the applicant, their partner or both jointly, this ownership period can be counted towards the 6 month period. So money held as cash savings at the date of application can have been liquidated or transferred by the same owner(s) from investments and may have been held as investments for the first part of the period of 6 months prior to the date of application and as cash savings for the rest of that 6 month period (see the table in 7.4.3. for a summary of the cash savings requirements). Evidence must be provided showing that:
• The investments, stocks, shares, bonds or trust funds were in the ownership and under the control of the applicant, their partner or both jointly for that part of the 6 month period prior to the date of application before they were liquidated into cash savings;
• The value of the investments, stocks, shares, bonds or trust funds at or before the beginning of that 6 month period was at least equivalent to the amount of the cash savings relied upon in the application; and
• The cash savings meet the requirements of Appendix FM-SE.
If this evidence is not provided, the cash savings previously held as investments, stocks, shares, bonds or trust funds cannot be counted towards the financial requirement.