Obtaining a Job Offer whilst on Maternity Leave

[onewholechicken]

My partner and I plan to relocate to England in May 2016. She was born in England with family still living there. She has both an Australian and UK passport.

We are expecting our first child in late March and she is keen to return home to spend the next few years with family. We are also getting married in early May.

I intend to work in my profession when we arrive in late May but she will still be on maternity leave with her Australian employer for at least the first 6 months before looking for work about September.

As my sponsor, she meets the income threshold. She does not meet the non salary or cash savings threshold, even when combined. So my question centres upon the need for a job offer. How does one obtain a job offer if they are on maternity leave in another country, particularly if this leave is greater than the salary threshold? Is there any way around having to get a job offer?

[Wanderer]

Impossible I'd say.

[Casa]

This isn't a straightforward application as you are probably already aware.
1. You will be unable to submit a Spouse Settlement visa until after you are married (Unless you qualify as Unmarried Partners with 2 year of co-habitation in a relationship 'akin to marriage'
2. A application submitted in Australia can take up to 12 weeks to process.
3. In order to meet the financial conditions as your sponsor, you wife would have to show earnings from employment in Australia equivalent to £18,600 for the previous 12 months before the application is submitted
and
4. Have a confirmed job offer in the UK to start within 3 months of her arrival, meeting the £18,600 earnings level. This employment must be permanent and ongoing and confirmed in writing by the employer.
5. Maternity pay won't qualify as it is only short-term.
6. Any UK job offer you have won't be considered.
7. Alternatively, your wife would have to return to the UK, be employed for a minimum of 6 months @ £18.600 p.a pro rata and then apply for your spouse visa.

[CR001]

I am assuming you are Australian. Do you have an UK born grandparents?

[onewholechicken]

Thanks for your replies.

Yes, we are living in Australia currently and no, I do not have any UK ancestry. We also have the relevant documentation for proving cohabitation for the past 30 months.

Having thought about if further, is there anything limiting a legitimate and above board job offer coming from a family member? I note through other research that it is more about written confirmation of a job offer/contract rather than commencing the job. There is also no limitation upon whether it is full time or part time. Is this correct?

[Casa]

Thanks for your replies.

Yes, we are living in Australia currently and no, I do not have any UK ancestry. We also have the relevant documentation for proving cohabitation for the past 30 months.

Having thought about if further, is there anything limiting a legitimate and above board job offer coming from a family member? I note through other research that it is more about written confirmation of a job offer/contract rather than commencing the job. There is also no limitation upon whether it is full time or part time. Is this correct?

It could be a job offer in a family company but it would have to be supported with evidence that it is genuine. Part-time work would qualify, but your wife as the sponsor would have to earn £18,600 p.a. How would this fit in with her pregnancy as the employment would need to start within 3 months of arrival.
Will she have been earning the equivalent of £18.600 pro rata for the 12 months prior to submitting the application?
You mention marrying in May and moving together to the UK in the same month, but if you apply as her spouse (not unmarried partners) this time scale in unrealistic.
Be prepared for the Entry Clearance Officer to contact both your wife's current employer and the family member employing her in the UK to check her terms of employment. If there is any deception in the application you would face a ban of up to 10 years. ECO's are well aware of all the tricks.

[onewholechicken]

It will be as an unmarried partner. I was sent away last month because I applied too early, if that's a thing!

In terms of her current position, she is well in excess of the £18,600 per annum.

In terms of the job offer, my partner's sister resides in the UK. She recently had a child and would be looking to return to work almost at the same time we are planning to arrive. She would be looking for a live in carer and my partner could be employed as her nanny and be paid the required amount.

[Casa]

To be honest, if the job offer isn't from a registered Company, the ECO is likely to reject it as a fabricated offer, especially for a generous salary of £18,600 including a rent free live-in arrangement. It won't stack up.

[onewholechicken]

Thanks for the advice.