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Apply to join family living permanently in the UK

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akanetsamson
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Posts: 22
Joined: Tue Nov 15, 2016 3:26 pm

Apply to join family living permanently in the UK

Post by akanetsamson » Fri Dec 23, 2016 9:51 am

Hi there,

I need some advise regarding this scenario.

Say I come in the UK using the Marriage visitor visa and got married. Then leave the country to apply for the ‘family of a settled person’ visa (Spouse visa). Now my UK new wife just got a new job offer after a 4 months break from the old job. Both jobs are on a £18,600/year salary. She starts the new job in 2 weeks from the day I want to apply for the ‘family of a settled person’ visa.

If I now apply for the ‘family of a settled person’ visa, do I still meet the financial requirement from my wife's earnings?

Thanks.

Regards,
Samson.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Apply to join family living permanently in the UK

Post by physicskate » Fri Dec 23, 2016 11:43 am

akanetsamson wrote:Hi there,

I need some advise regarding this scenario.

Say I come in the UK using the Marriage visitor visa and got married. Then leave the country to apply for the ‘family of a settled person’ visa (Spouse visa). Now my UK new wife just got a new job offer after a 4 months break from the old job. Both jobs are on a £18,600/year salary. She starts the new job in 2 weeks from the day I want to apply for the ‘family of a settled person’ visa.

If I now apply for the ‘family of a settled person’ visa, do I still meet the financial requirement from my wife's earnings?

Thanks.

Regards,
Samson.
Your use of future and present tenses is confusing... I don't understand your timeline as you would have to come to the UK for at least 28 days (but up to 70 days) in order to give notice to marry in the UK even as a marriage visitor.

Your wife must have been earning 18600 for the past six months (Category A) OR she could have earned at least 18600 in the past 12 months and have a job that pays at that level now (Category B). So, if her previous job paid her £120,000 pa she would have only had to be in that job for two months(earning £24,000) and then quit. As long as she NOW has a job paying above £18600, she would meet the requirement under Cat B.

So basically, if she was not working for 4 months, her previous job needed to pay well above £18600 pa in order to qualify for a visa right now.

akanetsamson
Newly Registered
Posts: 22
Joined: Tue Nov 15, 2016 3:26 pm

Re: Apply to join family living permanently in the UK

Post by akanetsamson » Fri Dec 23, 2016 12:12 pm

"if she was not working for 4 months, her previous job needed to pay well above £18600 pa in order to qualify for a visa right now."

Thanks for your response. Sorry for the confusion. But your last sentence seem to have summarised my question. So just how much will be 'well above'? Cos at the moment her prospective job will be paying about £19,000 pa

PS: She has worked on the previous job for about 2 years on a £18,850 salary.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Apply to join family living permanently in the UK

Post by physicskate » Fri Dec 23, 2016 12:33 pm

akanetsamson wrote:"if she was not working for 4 months, her previous job needed to pay well above £18600 pa in order to qualify for a visa right now."

Thanks for your response. Sorry for the confusion. But your last sentence seem to have summarised my question. So just how much will be 'well above'? Cos at the moment her prospective job will be paying about £19,000 pa

PS: She has worked on the previous job for about 2 years on a £18,850 salary.
Do that maths! Did she earn 18,600 in the past 12 months??

If she worked for 8 months on the salary you mentioned and then didn't work for 4, she earned (18850/12) * 8, which does NOT exceed £18600 for the past 12 months. So this means she will have to work at the new job for 6 months before she can sponsor you; this would be under Cat A. You do not appear to fulfill Cat B.

akanetsamson
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Posts: 22
Joined: Tue Nov 15, 2016 3:26 pm

Re: Apply to join family living permanently in the UK

Post by akanetsamson » Fri Dec 23, 2016 12:41 pm

"Did she earn 18,600 in the past 12 months?? "
Yes she did.

Oh ok, yes, much clearer now, I understand now.

Thanks :)

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Apply to join family living permanently in the UK

Post by physicskate » Fri Dec 23, 2016 12:45 pm

akanetsamson wrote:"Did she earn 18,600 in the past 12 months?? "
Yes she did.

Oh ok, yes, much clearer now, I understand now.

Thanks :)

Given the info you have supplied, this does not appear mathematically possible. Anywho...

The other part of Cat B is that she will also have to be earning above £18600 pa in the future too (as in, currently working and earning at that level). If you've got both of those bits it appears your (future?) spouse can sponsor you! Congrats.

secret.simon
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Re: Apply to join family living permanently in the UK

Post by secret.simon » Fri Dec 23, 2016 4:44 pm

akanetsamson wrote:"Did she earn 18,600 in the past 12 months?? "
Yes she did.
akanetsamson wrote:Now my UK new wife just got a new job offer after a 4 months break from the old job. Both jobs are on a £18,600/year salary.
The £18,600 requirement is for the period (either 6 or 12 months, depending on category) immediately preceding the application, not any 6 or 12 month period in the recent past.

If she was earning £18,600 per year and took a 4 month hiatus, she would have only earned ((18,600/12)*8) as 4 months of the year immediately preceding the application were fallow.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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