Chezdon

Hello,

I've seen a few threads here and read through them but I was hoping people with similar experience to me can answer a few questions I haven't seen answered here.

Ok so a brief overview of our situation.

30/m/English with 28/f/Brazilian. Met in Brazil three years ago. Moved to Australia August 2015 and worked there for a year. August 2016 to now in Auckland. Both Australia and here on working holiday visas.

I'm going back to UK on 30th May in a bid to land a job so I can bring her over with me before her visa here expires (Sept 2017).

My first question is has anyone actually landed a job whilst being overseas? I just can't wrap my head around this. Who's going to pay me $19,000+ (sorry no pound sign) for a job that they haven't even seen me in person for?

I've read the financial requirement document (gee that was fun) and if I understand correctly, I can get a job and then show them my first payslip and as long as it meets the threshold (multiplied by 12) then I should be ok.

My second question is can this be a temp agency job? Again, I struggle to see me landing a permanent role quickly. I have no qualifications and I've been away so long that my contact list is slim. Getting a job is going to require some real effort on my part.

Anyway, that's my financial gripe. I have 20,000 pounds in savings so I can actually get a job that's slightly below the threshold.

My gf and I were planning on getting married here in NZ. Would I also need get a home set up for us in the UK? Again, no idea how I'm going to do this - about all I can afford in South East London is a room. I could put my name down on a lease for a one bed flat but then if the visa is denied I'm ****ed!

I was speaking to an adviser here, I have a meeting for Friday, but I stumbled across this forum so thought I'd ask around here too. She seems to think that even with marriage we need to show proof of our relationship (ie bills, tenancies - neither of which we have as we've been flatsharing for two years).

To be honest I'm sure a lot of you feel my pain in that this whole process is indeed a sick joke. I, an English citizen, can't bring my genuine wife back in to my country of birth? We both intend to work. Contribute to society. I have adequate savings to last a few years for if by some miracle neither of us found work.

So I guess my questions are:

1) Has anyone had any luck landing a job via skype interviews etc?
2) Can I work for a temp agency?
3) Will one payslip be enough to show immigration?
4) Do I need my name on a lease or can we simply rent a room? Or even live with my parents?
5) I think that's it

We'll definitely have to do the fast track service; I just hope we can sort it out before September (she'd have to fly to Brazil) so we don't have to pay thousands of pounds in flights as well as visas.

I guess another option is the fiance/marriage visa but I haven't really looked in to this. I guess I'd need a job in UK for that?

FWIW I've been earning 2,000 pounds a month here in Aus/Auck for the last year and a half.

Thanks guys and best of luck to everyone else.

Pulaski

For starters, you have to have the job in the UK for six months before you can apply for a visa, unless you already have a job paying £18,600 overseas, and an offer of a job to start in the UK within three months, paying at least £18,600 in which case you can apply for a visa ahead of leaving for the UK

It is OK to arrange to live with family members, so long as the house/flat is big enough for the number of people who live there, and ultimately there is nothing to stop you living somewhere else anyway.

BTW Hold down the ALT key, then type 156 on the key pad to the right of the keyboard, then release the ALT key.

Chezdon

Nice, thanks!

Well from May 2016-May 2017 my earnings will have been around the £40,000 mark which I can easily prove. I'm sure I read that with that in mind I can apply for the visa after being in a job for only a month. I've printed the doc out and will go through it again tonight.

Like I said before, I just don't see how I can secure employment from the other side of the world.

House will be fine then although we have no intention of staying there once we both get sorted job-wise.

Pulaski

No, sorry, it's definitely six months of income you need to be able to prove if you are applying after the fact, after you arrive in the UK.

Sorry, I can't help you with finding a job, I had the same problem trying to get hired in the US when I was in the process of applying for a spouse visa for the US - until I had my feet on the ground, nobody was interested in interviewing me. Some people have reported success in getting interviews via Skype, but I don't know how common that is.

Chezdon

Please, don't apologise. Thanks for your help thus far.

It's a joke that unless I get a job within three months of my return date that we have to spend a minimum of 6 months apart. Who even comes up with these rules? The pressures on for me to get a job over the internet otherwise it's back to Brazil she's going...what a joke.

Going through the forum slowly... saw this posted a few weeks back by SanDiegogirl:

"If you are applying under Cat A:

5.1. Category A: With current employer for 6 months or more –
person residing in the UK

You must have been in the job for 6 months and must present 6 month's payslips showing you earn 18,600 and above.

I have not seen anywhere that, even if you earn well above the minimum, you can present less than 6 months worth of payslips or be in the job for less than 6 months at time of application.

If applying under Cat B, (less than 6 months with employer) then you use your current income of over 18,600, PLUS your income (from employment) from last 12 months."

I knew I had read this somewhere. So Cat B is what I want. Less than 6 months with employer and show them my income from the last 12 months. Then I can show them one payslip and get on with the process.

Just to add to this already lengthy post, it clearly states that there is no minimum time (page 24 5.3.4.)

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

And then 5.3.9. - Well I've easily earned over that in the last 12 months.

Am I missing something?

Chezdon

Did you delete a post I made? lol

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

Page 26 5.3.11.

"Example (a)
The applicant’s partner works in the UK. She started a new job 3 months prior to the date of application and her gross annual salary is £22,000. She meets part (1) of the calculation for Category B because she is in salaried employment at the date of application and her gross annual salary at the date of application meets the financial requirement.

In addition, she must have received in the 12 months prior to the application the level of income required to meet part (2) of the calculation for Category B. Before starting her new job, she worked for another company for 7 months during the last 12 months. Including her current and previous job, the total amount she has earned from employment in the last 12 months is £20,000.

The financial requirement is met under Category B because the applicant’s partner is
currently in a job paying at least £18,600 a year and has earned more than £18,600 from employment in the last 12 months. "

I'm sorry, but unless I'm missing something massively obvious, as long as I can show my salary for 12 months prior to the application I can apply for this visa as soon as I get a job in UK. No need to wait 6 months.

az2014

Thought about moving to Brasil?

I used to have a namorada Brasileira and loved it when I lived there for a few months.

Would pick South America over the UK any day!

HKG3

It will be easier for the OP to move to another EU country with his soon to be wife. She can get an EEA family permit before leaving Brazil. In order for her to remain for the long term, you, the EU citizen, will need to exercise treaty rights in that EU country. Treaty right activity includes employment and studying.

Please note that as a British Citizen, you cannot exercise treaty rights in the UK and your wife cannot get an EEA family permit for the UK.

Has your wife got any recent European ancestry which will entitle her to an EU passport?

Chezdon

I lived there for two years, that's how I found my girl! I love it too but in terms of living and settling there it's a different story. You start to see real life and not just holiday life and it's quite different.

Possibly a bit later in life when I'm craving a beach and some sun.

The girlfriend is desperate to stay away (she got mugged twice at gunpoint before she left for Australia).

Pulaski

Yes, you are correct. I didn't explain myself as clearly as I should have - but with a job offer, and recent history of earning more than £18,600 outside the UK, you can apply ahead of starting work so long as your new job starts within three months.

BTW I think your third post was sent for moderator review, this is fairly common for new members, and can take a few hours before it is reviewed and "released".

Chezdon

Yeah, I went home to my laptop (at work now) and my replies weren't showing so it looks like I've spammed a bit. Apologies.

But it confirms what I thought. Like you said, getting a job over here isn't feasible but at least Cat B allows me to apply after being in my job for one month and not six. Hopefully allows me time to find a job and get the process going before her visa runs out here in NZ.

As for moving to another EU country that's a last resort. I don't have money to burn and she only has a Brazilian passport and ancestry.

What the adviser here in NZ scared me with was that she said we need to show that our relationship is genuine (bills etc in our name) but I can't find this anywhere on the web. It says 2 years of relationship OR marriage. Surely marriage is enough and we won't need to show a history of our relationship?

Pulaski

Like I said, you can apply as soon as you have a firm job offer paying at least £18,600/yr, you don't even need to have started work. If you're married that is pretty much sufficient on its own. My wife got a visa to live in the UK just three weeks after we married despite us never having lived on the same continent, much less under the same roof!

Chezdon

Wow. I had a feeling that the woman was blowing things out of proportion.

Cool, thanks for your help. If I remember I'll write back with how it all went so others in my situation can have some insight.

Pulaski

You're welcome.