Family of settled person:Change in employment of the sponsor

[SumitP]

Hello,

Background:
I have Indefinite Leave to Remain to UK and am eligible to apply for naturalisation in Nov 2015.

I am supposed to be married in Dec-15 and plan to apply for dependent visa for my to be wife through "Family of a settled person" route in Jan.

I work as a salaried person now and have moved to a new company this month (4 months ahead of the visa application) without any gap in employment.

I am being offered a new role now after recent change in employment in a different organization. This is a contracting role with sufficient visibility for next 6 months at least.

Queries:
1. I have been told I will become a self employed person if I open a limited company in my name and work on a contract role. Will this change in employment (with no gap from one employment from current employer to my own limited company) cause any impact to visa application for my wife in Jan?

2. What documentation will I need to supply from my previous employers and from my own limited company during the visa application if I take this change?

3. What are the financial requirements for me to prove that I will be able to support my wife when she travels here?

Apologies if the list of questions is too long. I really want to take up this role but I don't want my decision to impact my wife's ability to get a visa.

[geriatrix]

Read Appendix FM-SE to understand the documentary evidence(s) required from a sponsor who is self-employed. Once you have read it, you'll realize that becoming self-employed now may not be a good decision.

All the information you need is available through the following links:
Apply to join family living permanently in the UK
Chapter 08: appendix FM family members (immigration directorate instructions)
Appendix FM
Appendix FM-SE
Calculate your immigration health surcharge

[SumitP]

Thanks. I spoke with Home Office who advised that the change in nature of employment (i.e. becoming a self employed person from full time employment) will have an impact on visa application of my spouse.

I will need to present my tax return details for last 6 months if self employed which would mean my wife will have to wait for 6 months before she can apply if I change employment from permenant employee to self employee.

Just updating response in case if it helps someone who is facing same situation.

[SumitP]

Hi,

URGENT HELP NEEDED, KINDLY HELP ME OUT.

I am sorry for very long post but it was important to give all the background.

I had booked my wife's appointment for spouse visa application from India on 31st Dec and collected the documents required for both myself and her for this application.

Few days ahead of the appointment, my wife had a cut on right thumb which would prevent her from giving biometric during her appointment.

Because of this, I rescheduled her appointment to 6th Jan (day after tomorrow). I mow have two problems:

1. Her wound has healed but the thumb is not very clear to be eligible for biometrics and she may be asked to book another appointment

2. Some of the documents I had brought were dated towards end of November before I traveled to India for my wedding and her visa application. Home Office ask for documents date 28 days before appointment date and this problem may prompt them to ask for latest documents delaying the processing time of the application.

I am now thinking of cancelling her application and requesting refund and applying for a tourist visa instead. Once she is in UK I will apply for a premium application for a spouse visa to remain in UK.

Can someone please help me with below:
1. Are the applications straight away rejected if the documents are older than 28 days of the appointment date or they write to ask for latest documents for overseas spouse visa applications?

2. Is the solution I am seeking correct? I was on Tier 2 (ICT) before settling to UK. Gov.UK suggests spouse has to apply in the category of previous temporary visa if her sponsor was on a temporary visa before settling to UK (for premium appointments).

3. Can a person switch from Tourist visa to spouse visa through in country premium application or it is prohibited?

Thanks in advance for any help you can give..

[CR001]

1. The onus is on the applicant to ensure the documents are correct. If the correct documents are not provided with the application, it will likely be refused. Even for 31st December appointment, it appears some of your documents were not within the most recent if dated end of November.

2. If you spouse has never been in the UK as your dependent and you now have ILR, there is only one visa and that is the spouse settlement visa.

3. No, you cannot switch from a visitor/tourist visa into any other category within the UK. Unlikely she will be granted a tourist/visitor visa with a husband who is settled in the UK as she is clearly not a 'genuine visitor' intending to leave the UK.

[SumitP]

1. The onus is on the applicant to ensure the documents are correct. If the correct documents are not provided with the application, it will likely be refused. Even for 31st December appointment, it appears some of your documents were not within the most recent if dated end of November.

2. If you spouse has never been in the UK as your dependent and you now have ILR, there is only one visa and that is the spouse settlement visa.

3. No, you cannot switch from a visitor/tourist visa into any other category within the UK. Unlikely she will be granted a tourist/visitor visa with a husband who is settled in the UK as she is clearly not a 'genuine visitor' intending to leave the UK.

Thanks CR001 for your response.

I understand the onus is on the applicant but due to my travel to India for scheduled wedding ahead of the visa appointment, it was not possible for me to bring latest documents with me. if I provide my travel tickets and of course the marriage certificate and mention in a cover letter these limitations, will this cause them to reject the application or will they consider and write us asking for latest documents?

[CR001]

Unlikely they will write to you and ask you to submit more recent documents. The decision will be based on the documents you provide with the application.

[SumitP]

Okay, thanks. I will probably delay the appointment and provide latest documents just to be safe.