Spouse Visa - Financial Requirement - Category B

[testuser]

Hello,

A very big thank you to everyone who helps out with immigration advise!

I've got ILR and my partner is on a Tier 4 visa. We are hoping to apply for a spouse visa under Category B in November.

I was in employment but resigned a few months ago. I was earning above 18600. I am currently unemployed.

My partner just finished his studies and has got a job offer paying above 18600. He will start working next week, while being on Tier 4.

When taking my payslips for the past 12 months (December 2014 - November 2015), together with my partners earnings for October 2015 and November 2015, we have more than 18600 as required under category B.

My question is do I have to be employed at the time of application as well? I am the one with ILR. My parents are old and need some assistance in India, which is why I resigned from my job. If I need to be in employment at the time of application, I will need to return to the UK and start looking for work paying above 18600 ASAP! Any advice would be very much appreciated!!!

[CR001]

Does your partners Tier 4 visa allow him to work full time in the UK and where is your partner now??

Where will your partner be applying for a spouse visa (in the UK or from abroad)?

[testuser]

Thanks very much CR001.

He has been in the UK for the last 12 months on a student visa (Tier 4), during a masters degree. The course officially completes on 10 September. He will start his full time employment on 14 September as our lawyer told us that he can be employed for 40 hours a week, following the completion of his course. According to our lawyer, he can continue this full time employment (40 hours a week) until his Tier 4 student visa expires in January.

We were planning to apply from within the UK (FLR M ???) in November or so, once we have enough pay slips to cover 18600, using both our payslips for the past 12 months.

We can apply from outside the UK if that is more advisable? (VAF4, with Appendix 2???)

We have been in a relationship for 2.5 years now and have documentation to prove this. We were in a long distance relationship for 1.5 years, with me being in the UK and him overseas. We met many times during that period and have pictures too. We also have pictures of the parents meeting, etc. He moved to the UK last September and we've been living together since he moved.

We are open to your advise as we feel we just have not done enough research to understand the best possible route to follow.

Thanks again!

[CR001]

From your post it sounds like you are not married but want to apply for an Unmarried Partner Visa? Is this correct?

My parents are old and need some assistance in India

This is confusing. Where are you and will you be in the UK when your partner applies. You should ideally be employed at the time to show 'ongoing financial requirement met'.

[testuser]

Thanks again CR001!

We are getting married on the 26th of September 2015. We are hoping to submit a spouse visa application as husband and wife at the end of November 2015.

I resigned from my job at the end of May. I was working with my previous employer for over 4 years before I resigned. So basically, I resigned in May, went to India in June and came back to the UK in August to prepare for our wedding in September.

The reason why my situation is complicated is that my parents DO NOT qualify for an adult dependant relative application. They are able to wash and dress themselves and also have access to medical care in India. However, I am the only family member who can assist at this time. I will need to go back to India for a few months.

If the ONLY way to support my partners spouse visa is for me to be in employment, then I can look for a job in the UK instead of going back to India. However, I will definitely have to resign again soon after he gets his visa and go back to India.

Failing everything, as a last resort my partner will have to leave the UK in January, wait until I have returned from India, found a new job here, and completed 6 consecutive months of employment and then apply for a spouse visa. I guess this way the visa application will look better? However, realistically I think if we follow this route, it will be around July / August 2016 when we can apply for a spouse visa, which means long distance again for around 6 - 7 months. I understand why these complex visa rules exist, but it makes family life very hard.... I feel like I am either abandoning my parents or my partner.... which is not a great feeling....

Thanks again for all your help!

[CR001]

I will need to go back to India for a few months.

How long will you be away from the UK for?

Your future husbands visa is dependent on you being present and settled in the UK.

[testuser]

Thanks CR001.

I've already been out of the UK for 2+ months this year. Do you know how long I can be out of the UK and also satisfy the 'being present and settled in the UK' requirement?