Samurai 8

Hello everyone I have been reading the forum trying to find the information I require but still unsure so I have decided to join up and ask.

I'm a British citizen born and brought up in the UK and moved back to the UK 11 months ago after living overseas for a number of years.

I'm married to a foreign national and we are looking at the process for her to apply for a UK Settlement visa to join me here in the UK.

I was employed for the past 9 months with the same employer but left this job on 26th Jan 2018 (my last paid day of work). I'm due to start a new job on 12th Feb 2018.

I also have circa £40K cash savings in my bank which have been sitting there for approx 12 months.

Do I now have to wait until I have been with my new employer for 6 months because of the 17 day gap between previous job and this new job starting?

Any advice is extremely welcome.

Thank you all.

BritInParis

What was your previous annual salary and what is your new annual salary?

Samurai 8

Hello BritInParis. I was and will be paid an hourly rate. I was and will be earning circa £15,000 per year paid on a weekly basis. I understand that I would need to make up the shortfall using savings.

BritInParis

So you won't be able to apply under Category A without waiting for a further six months but you can still apply under Category B. Cash savings can also be used with Category B to make up for a shortfall in income to get you over the £18,600 pa threshold.

Detailed information can be found here: https://www.gov.uk/government/upload...ment_Final.pdf

Samurai 8

Thank you for your help BritInParis. When we are ready to make the application I will return to this thread for some further advice if that is ok?

Thanks again for the help.

SanDiegogirl

Note that applying under Cat B means you provide 12 months of payslips, bank statements etc.

5.3. Category B: Less than 6 months with current employer or
variable income – person residing in the UK

(Page 24 in the document BIP linked for you)

slg33

If applying under 5.3 Category B is there a certain amount of time we have to wait before sending my application once my husband has started working? And just to make sure I understand this. If my husband moves to London and has secured and started a job earning over £18,600 pa, AND has made the equivalent of £18,600 pa in the past 12 months in Canada we will qualify under this route? Thank you!!

BritInParis

5.3 would only apply if your husband was already in the UK and had recently changed employers or had a variable income.

If your husband is earning over £18,600 pa in Canada and secures a job offer in the UK with a salary over £18,600 pa starting within three months of your proposed arrival date then you can apply under Category A and move together.

If he is planning on moving to the UK ahead of you to find work then he'll need to work for six months before you qualify under Category A.

slg33

Thanks for your quick response! One more question - on page 26 of the appendix what are they referring to under the first point of 5.3.9 when they mention salary from overseas?

5.3.9 Second, the person must in addition have received in the 12 months prior to the
date of application the level of income required to meet the financial requirement,
based on:

 The gross amount of salaried or non-salaried employment income of the applicant’s
partner (in the UK or overseas) and/or the applicant (if they are in the UK with
permission to work);

I really appreciate the help. Securing a job overseas is seeming to be harder than we thought so we are trying to look at other potential options to get us back to London before time runs out on my Husbands current visa in Canada.

BritInParis

That would depend on how long it would take your husband to find work. If he could find a job earning over £18,600 pa then you could then apply but only if the amount your husband earned in twelve months before lodging is also over £18,600. For instance, if he had been earning C$60,000 (~£34,000) in Canada for the last year and it took him three months to find work in the UK only the last $45,000 (~£25,600) would count, but since this is over the threshold then you would qualify. If it took him six months to find work then only the last C$30,000 (~£17,100) would count and you would not qualify. He would then have to work for another six months before you would qualify under Category A.

Do you have savings or a property which you will be selling?

slg33

Great - thank you for the help! Looks like that is the route we will be going starting in April. He has made $56,000 in Canada the last year so we should have a bit of cushion and be able to apply after 4 months of working if he lands the job quite quickly and also use the previous 12 years on income. In your opinion is it more straightforward to just wait the 6 months of employment and then apply for the visa or will both have the same outcome provided all correct information is given.

Also, I am going to go over to London with him as a visitor for 4-6 months then come back to Canada to apply for the visa. As a Canadian I have read on the government site I do not need to get a visa, in your opinion is it still smart and will possibly make things smoother at the airport if I apply for the visa beforehand? Thanks for the help!!

BritInParis

If your husband earns C$56,000 pa at the moment then he would have six to seven months to find work in the UK depending on the GBP/CAD exchange rate. Providing he finds a job paying over £18,600 during this time then you can apply for your spouse visa as soon as he starts work under Category B. You do not need to wait any further; in fact the longer you wait then the higher the chance that you would no longer qualify under Category B as every passing month means less of his previous Canadian income can be counted.

No, that is only likely to invite unnecessary scrutiny. You should be 100% honest in replying to any questions asked of you by the Immigration Officer at the UK border, but do not volunteer any information that is not specifically requested. Keep it short. You are visiting the UK for an extended holiday. You are travelling with your husband. Your husband is a British citizen.

If pushed then you should state that you are accompanying your husband to the UK whilst he looks for work in order to fulfil the financial requirements for your spouse visa but you understand that you cannot stay for longer than six months and that you know you will need to return to Canada to apply for your visa.

You should bring documentation showing whatever ties you have with Canada (return flight reservation, employment, property, ongoing studies, immediate relatives, pets) with you in your carry-on but only present it if requested. There is no guarantee that you will be granted entry so you should be prepared to return to Canada if necessary. Ironically the more prepared you are to return then the more likely you will given Leave to Enter the UK as a visitor.

slg33

Thank you for all the help!

Just to make sure we are doing things correctly I have another question. Looking at the application they ask for proof of employment on my side (the applicant). As I will have been in London right before applying I will not have had employment for up to 4 months (as a visitor). Is this going to be a problem for us? We thought it was all covered by the sponsor's finances so this is confusing.

Thanks again

SanDiegogirl

If the applicant has employment then that can be input on the form. It is just for general information regarding the applicant but the financial requirements for the application are all down to the sponsor.

If the applicant does not have employment put N/A No problem

slg33

Hello, me again! We are now in the UK ( I am on a 6 month tourist visa), my husband started working the week we landed earning £40,000/year so hopefully we will have no problems combining that with his previous salary of $45,000 from Canada. I am flying back to Canada on August 19 to start my visa process, my question is... Can I submit my online application while I am in the UK a few days before flying back? The reason is I will be flying into Vancouver which is where I will need to do my biometrics appointment and I'm hoping I can line it up with the day I land so I don't have to make another trip back to Vancouver the following week. Thanks!