Renewal of Spouse Visa : Category B justifcation

[ukenquirer2016]

Would really appreciate help with confirmation on the following:-

CURRENT SITUATION:
I am a British citizen my wife is Chinese. We both currently live in the UK. We have no children. She has a UK Spouse Visa (30 months). This is her first visa and it expires mid July 2016 at which point we will need to apply to extend it ( for another 30 months).

I am not in formal employment at the moment (salaried or non-salaried). My wife has worked in a full time role and is now working on building a new business, but may not be able to provide evidence of income within the last 12 months by the time we have to apply for the extension. I am looking for a new job and had previously expected this to happen in sufficient time for us to be able to use category A for financial justification, but it may now be likely that I will only have been be in employment with a new employer for less than 6 months by the time the application is due and we will therefore have to use category B justification.

QUESTION:
I think I have understood the following correctly but just wanted to be certain:-

There are two parts to the justification for category B; First a minimum gross annual salary of £18,600 and second there must be proof of earning at least £18,600 in the last 12 months at the time of application.

If I had earned a gross income with a new employer of at least £3720 each month for 5 months prior to the application (i.e. 5 x 3720 = 18600) would that meet both parts of the requirement for a category B justification ?

[shakoorh]

Would really appreciate help with confirmation on the following:-

CURRENT SITUATION:
I am a British citizen my wife is Chinese. We both currently live in the UK. We have no children. She has a UK Spouse Visa (30 months). This is her first visa and it expires mid July 2016 at which point we will need to apply to extend it ( for another 30 months).

I am not in formal employment at the moment (salaried or non-salaried). My wife has worked in a full time role and is now working on building a new business, but may not be able to provide evidence of income within the last 12 months by the time we have to apply for the extension. I am looking for a new job and had previously expected this to happen in sufficient time for us to be able to use category A for financial justification, but it may now be likely that I will only have been be in employment with a new employer for less than 6 months by the time the application is due and we will therefore have to use category B justification.

QUESTION:
I think I have understood the following correctly but just wanted to be certain:-

There are two parts to the justification for category B; First a minimum gross annual salary of £18,600 and second there must be proof of earning at least £18,600 in the last 12 months at the time of application.

If I had earned a gross income with a new employer of at least £3720 each month for 5 months prior to the application (i.e. 5 x 3720 = 18600) would that meet both parts of the requirement for a category B justification ?

Yes. I understood this the same way. You will still need to provide 12 months of bank statements. However, you also need to prove that you currently (when you apply) have a job that will pay you £18,600 in the following year at least. Via employer letter/contract.

[ukenquirer2016]

Many thanks shakoorh.

I think that we should be OK, but as we are in a situation where I cannot be 100% confident that we will be able to meet the requirement I would like to understand what our worst case scenario is and what our options are.

Has anyone been in the situation where they have been unable to meet the requirements for the renewal? and do you know what options are available from that point forward ?

Although it would be extremely stressful and upsetting to have to separate for a period of time I am wondering if we could reapply for a spouse visa once we had reached the conditions to provide Category A or B justification ? or would it be considered as new leave to enter application and starting all over again ?

Does failing to meet the financial requirements for the extension cause any problems that will count against us in future applications ?

Is there any period of grace ? particularity when you can prove that you have stared a new job that will meet the gross salary requirements, but may need a month or two to fully meet the requirement for category A or B ?

I also wondered what happens in this situation with regards to making a decision that does not count against us for any future applications. For example do you have to register a formal reason for not applying for an extension ?

We do not have any children and I understand that applications for extension based on family life as a partner are only granted in exceptional circumstances ?

I am struggling to find out what the best course of action would be in the event that we fall short of the financial justification for the renewal ?

[Casa]

FLR(FP) should be granted if you are unable to meet the minimum income level.

[ukenquirer2016]

Many thanks Casa.

I had wondered if that was a possibility from reading other info recently, but doesn't the FLR(FP) route have to include substantial arguments for why you and your spouse cannot return to the country of your spouse's birth ?

Has anyone any experience or knowledge of this route after being unable to meet the financial requirements for renewal of a spouse visa ?

Aplogies in advance Casa - this might read as if I am disputing your answer and appear a little ungrateful. I am not,and genuinely very grateful for any replies.

I just wanted to be as sure as possible that it could be a viable option if needed.