Phil-UK

Asking advice here to confirm what I believe would still meet the Financial Requirement, what are your thoughts?

We had a family members spouse visa refusal due to the fact that we omitted to supply Bank Statements, a stupid oversight on our part (still can't believe we didn't see this requirement until after).

* The First application went in after they had worked for the same employer for 6 months and had earned about £11,000 (over the £9,300 requirement for 6 months). This was refused due to not supplying Bank Statements.
* Applicant's partner has been working in the UK for 10 months now but has changed job so would be looking at Category B.
* Applicant's partner is looking to leave the UK and return to foreign country to be with applicant, as have become dispondant with situation.

So I'm seeing what option they have to try again...
* Applicant's partner will likely have earned over £18,600 (in the past 12 months) by the time they leave the UK
* Applicant's partner has handed in notice to leave job, but company has confirmed they will have a job for them if they decide to return to the UK (salary circa £20,000+)

So my question is, could they apply again (as a returning resident) using the Category B option?

They would have earned £18,600+ in the past 12 months (likely from just the UK, but may be including work when they get back to the foreign country) and will also have a job to return to, starting withing 3 months (as required) giving a salary over and above the £18,600 minimum.

I believe this would still meet the financial requirement for Category B correct (has earned over £18,600 in the past 12 months and has a job to return to paying over £18,600)? My slight reservation is the documentation refers to overseas income for the returning citizen residing abroad where in this case they earned it in the UK, but does it matter where it was earned?

It's a bit of an usual situation so was seeking some advice here?

Thanks in advance

angie_329

Did this refusal happen recently?Tthey could have just applied again enclosing the bank statements this time. it seems a pity sponsor gave up their job in the UK. Is it too late to change that? Applying again would be the simplest way forward. It wont count against them having had the refusal. But they will have to pay again.

re whether the income earnt in UK ( instead of overseas) counts in that category I dont know.,, hopefully someone will know.

There are lists posted on this forum of people checking they have enclosed everything in their application... so you can get that checked next time

SanDiegogirl

If the only thing contributing towards a refusal was a lack of bank statements, why did the sponsor not apply again WITH bank statements? Seems the simplest and most cost effective way of doing things.

If the sponsor is determined to leave the UK and apply from the foreign country then I can see issues with applying under 5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK (if this is the category you are referring to).

For this category the ECO is looking for  The gross amount of salaried or non-salaried employment income overseas of the applicant’s partner. The sponsor cannot produce this as he only has income from the UK. So this category does not actually fit his situation. He is not a UK citizen returning to the UK having worked overseas. The sponsor COULD try applying under this category but I think (personally) that with a refusal under his belt ad not having the expected documentation to fulfill this category, he is risking another refusal.

A better way to do it, IF the sponsor is determined to leave for overseas, is to return to the UK, get his old job back, work there for 2 to 3 months at the qualifying level, and then apply under 5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK,

He then has the correct documentation for this category.

https://www.gov.uk/government/upload...ment_Final.pdf