Apply to remain in the UK with family - application help

[wickham04]

Thank you in advance for any advice re: my query.

I (non-EU/EEA citizen) wish to make an application to remain in the UK with my wife. I have plowed through the lengthy application and we meet every criteria on the application (i.e. we live together, joint assests, married in UK, etc.). The only problem is the financial requirements section requires either a period of employment with a current employer for 6 months or more or evidence for the past 12 months of income in excess of £18,600. Her current income exceeds this, but she has only been with her current employer for 5 months. Her previous employment exceeded this as well, but she had a break of 2 months between her previous and current job. Because of this, her income over the pass 12 months falls just short (literally £200) for the required 12 month period. Unfortunately, I was not employed either in the last 12 months (was busy completing my phd). My current visa is set to expire at the end of the month and it will not be until next month that my wife will have worked for her current employer for the required 6 months. Also we have very little in savings which can be taken into account to replace the income threshold. My current visa (T4 doctorate extension) cannot be extended.

What are our options in making this application? As I see it the most obvious, but most painful choice, is to leave the UK and make an application next month to join her. The month apart, plus the lengthy processing time, would mean a considerable hardship of separation, one which I am sure all can agree is not lightly chosen.

Again, thank you for any help or suggestions.

[Wanderer]

Could make a bound-to-fail application now to bide time until criteria are met then apply again. Means losing the £852+£600 fee or whatever it costs now and paying it again, not an insignificant amount.

Or possibly apply now and vary the app if the timings work with the extra sixth payslip when it arrives...

[CR001]

Or possibly apply now and vary the app if the timings work with the extra sixth payslip when it arrives...

Vary what app?

[Wanderer]

Or possibly apply now and vary the app if the timings work with the extra sixth payslip when it arrives...

Vary what app?

One theoretically made now to bide time.

[CR001]

One theoretically made now to bide time.

FLR(O), FLR(FP) etc then vary to FLR(M)?? Double application fees then isn't it?

Postal applications :
FLR(O) - £649 + surcharge
FLR(FP) - £649 + surcharge
FLR(M) - £649 + surcharge

[Wanderer]

One theoretically made now to bide time.

FLR(O), FLR(FP) etc then vary to FLR(M)?? Double application fees then isn't it?

Postal applications :
FLR(O) - £649 + surcharge
FLR(FP) - £649 + surcharge
FLR(M) - £649 + surcharge

Yeah I agree but just joining in the current trend of applying for anything to gain some time!!

Look in the student visa section, seems everyone is doing it to get to 10 years after failing CAS etc....

[wickham04]

Thank you for the replies.

This gives me a lot to think about. As stated in one of the comments, these seem like stop-gap measures to simply gain time. I hate having to be separated from my wife, but there is little advantage in destroying all our savings for the sake of an extra month together in the UK. Given the high fees, she could take a holiday to visit me for a while for significantly less dosh.

Two quick questions: Is it necessary to move from FLR(O) to FLR (FP) to FLR(M) or is it theoretically possible to move directly from FLR(O) to FLR(M)? On what grounds could I make an FLR(O) application?

[CR001]

What level of savings do you have?

You can vary any application you make to another, but it costs money each time and with the new NHS surcharge, this might become prohibitive for many people.

If you search in your search engine for FLR(FP) and FLR(O) you will see. If you don't have children, these are likely to fail anyway and you lose your fee.

[wickham04]

Cheers CR001.

About 5k.

Yes I see now. FLR(O) fee +NHS charge, then FLR(M) fee + NHS charge = double just the initial application. Not to mention, the FLR(O) is likely to be denied anyways.

Just a question for the sake of curiosity. Why is the application based on income in the 6 or 12 months prior? Surely future income is a better indicator of the ability to support a spouse. Is there any known logic behind this?

[Casa]

Future income can't be proven, past income can.

[CR001]

What did your spouse do in the 2 months between jobs?

Do you earn any money at all? Combined income for applications made in the UK is permissible.

One of the other mods who are more clued up on using savings to cover the shortfall might be able to tell you if the savings you have can be used to 'cover' the month you are short.

[CR001]

Future income can't be proven, past income can.

Had to change my response as you beat me to this one Casa
Are you able to advise on the calculation if using combined savings/income?

[wickham04]

My wife didn't earn any money in the two month interval. I was earning as a tutor and lecturer, but that ended exactly 12 months ago, since then nothing. No need to go into my swan song here. Although I would add that the T4 doctorate extension scheme was practically useless, as nobody seemed clued up enough on it to be willing to hire me, thinking that it was a regular T4 and subject to normal restrictions of hours etc. Plus the added problem of the Labour Market Test for jobs requiring a T2 but I digress...

The income and the savings are what they are. From what I could gather, only savings in excess of 16k held for more than 6 months can be taken into account.

As for the past income as a determining factor. I get that only past income can be proven, but surely a current job is the best indicator of of being financially capable of supporting another for months to come. No point in arguing policy though, I neither make it nor can I vote for it. I'd venture that the 6 month cut off is used as a good indicator that the job is in fact permanent, as most jobs have a 3-6 month probationary period.