New Rules, New Confusion: Still job hunting, minimum salary

[SoHopeful]

I am still looking for work, so was not in the position to apply for my husband's spouse visa before the new rules were implemented.

Just as I was getting my head around the income levels for the old rules, the new rules has me confused all over again!

Am I right in understanding that according to 5.3.2 Category B: salaried employment for less than the last 6 months from http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary that because I am unemployed, I would need to

1. find a job at the required level
2. be working for 12 months PRIOR to application??

Obviously if I was working from before that would have been taken into account if I was earning enough, but because I am unemployed now, I can only prove 12 months 18k+ by working for 12 months. I have no other income or savings to rely on.


EDIT: I understand now that I simply have to meet the rule for once I have worked for 6 months plus with the same employer.

[SoHopeful]

In addition to the minimum salary, I know tax credits, etc can't be taken into account, but is it ok for the sponsor to be receiving them?

I still don't get the logic of 'ensuring families wont be a burden on taxpayers' when the applicant won't be entitled to anything anyway

[Casa]

If you were earning £18,600 or over, I don't think you would be entitled to claim WTC....but wait for confirmation on that.

[SoHopeful]

I thought so too Casa, but I know a few families on £20,000+ and get something so I thought I would clarify.

[SoHopeful]

Also is the income requirement gross or net amount of earnings??

[asim72]

The income requirement is £18600 gross yearly.

You do not need to work 12 months. If you find a job that pays £18600, and you are with the same employer for 6 months, then you need to produce previous 6 months wage slips, 6 months bank statements showing that wage slip amount, employment contract, employer letter. This is a rough idea. Please check all requirements in detail nearer the time if you think you can meet the financial requirement.

You will also need to show that you two have been in regular contact with each other.

[SoHopeful]

Thanks Asim.

Yes, I have been collating evidence since we married in 2010, but the new rules have thrown me as they have a lot of people.

Do you know if being in receipt of tax credits in addition to salary is ok?

[MPH80]

It's ok to be in receipt of them - but WTC and CTC won't be counted as part of the income for assessment.

[amo7ale]

Hi the income of £18,600 can be from 2 employments?
so a full time and a extra part time job?

[MPH80]

It doesn't specifically exclude it - and it also doesn't specifically say it can only be one job - so I'd guess it's ok.

Keep in mind you need to either have been continuously employed for more than 6 months at the appropriate salary level, or be able to demonstrate that salary level over the last 12 months.

M.

[SoHopeful]

Thanks MPH80

[SoHopeful]

Ok, having read through the Statement of Intent for the new rules, I saw that they have also added that the applicant must not have any unspent convictions here or abroad.

Is the applicant expected to evidence this themselves (include police report/check from Home/residing country) or will the caseworker do those checks themselves?