Career break and spouse visa
 

Dear all

New to the forum and first time poster. Please forgive me if my query has already been answered elsewhere; I’ve tried to find a similar thread but had no luck. Maybe it’s just me!

Ok, here is my situation. I’m here in Sydney with my Australian wife and our one year-old baby. I came out thirteen months ago just before she gave birth and, being a lecturer back in the UK, was able to work remotely until 1 August 2013. Since then I have been on career break.

So far so simple.

I am due to recommence work as a lecturer in the UK on 1 August 2014. My wife therefore applied for a partner visa back at the end of March 2014 in order that she and our daughter can come back with me. The application is currently with the UKBA offshore processing centre in the Philippines. Thus far we have heard nothing.

Being on career break means that I did not meet the £18,600 minimum income requirement for the past UK tax year, but my has employer provided me with a letter stating that I would recommence my duties as a lecturer on 1 August 2015 and would therefore satisfy the minimum income requirement. We included this letter in the application to UKBA. After doing some digging online, however, I have been rather alarmed to read that this might not be enough to satisfy UKBA. Apparently UKBA offers little flexibility on the minimum income requirement.

That is my situation in a nutshell. My questions, therefore, are whether anyone has encountered similar problems, and whether any forum members might have some advice on how this will likely pan out.

Apologies for rambling: I promised myself not to!

DiS

Re: Career break and spouse visa
 

What visa was your wife on in the UK previously?

Re: Career break and spouse visa
 

Hello Britinparis and thanks for getting back to me.

She has not lived in the UK before but visited me on a tourist visa on two separate occasions.

I guess if the partner visa is declined we could try her accompanying me for six months on a tourist visa and then applying within the UK. This would provide six months above the £18,600 requirement, but the downside would be she could not work.

I wonder whether any other members know of similar cases.

Re: Career break and spouse visa
 

First the bad news: Unless you can show that you have earned 18,600 in the past 6 or 12 months then your application will be put on hold pending outcome of the "MM" appeal which will likely take another 12-18 months. You can chose to withdraw it in order to get her passport back. You will have no right to appeal either being put on hold or forced to withdraw.

Now the worse news: She would not be able to apply from within the UK after 6 months but would have to leave and return to Australia. She would also not be granted the visitor visa if she did not have strong ties to Australia which convinced the UKVI that she will return, having a husband (and potentially a child) in the UK and no job in Australia will make that very near impossible.

It would appear that your options are:
a) find 62,500GBP in cash (equity in a property, investments, savings, gifts, early inheritance? etc.)
b) Go to the UK on your own for 8-10 months (7 to earn enough and get your 6th paycheck and 1-3 to apply for the visa)
c) research the possibility of commuting (daily or weekly) from somewhere in Europe to your job in the UK for some time (look up "Surinder Singh")
d) all go to Europe for a while (look up "Surinder Singh")
e) stay in Oz

I really wish I had better news for you.

Whatever you chose to do - have you got your kid a british passport yet?

Re: Career break and spouse visa
 

Hi DiS,
Echo the previous thread.
There may be other options:
Does your wife have parents that are from the EU? If so she may be able to get an EU passport and then she can live in the UK with no problems?

You are a lecturer. Could your wife become a student? She could get a student visa? Could she get a job and be sponsored for a work visa.

There is also an ancestor visa - research that too - I dunno much about it other than it does exist.

Also you might need a visa for your kid too. He might be a Brit by decent, if so get him a brit passport before you leave.

And look at recent threads about how long all this is taking at the moment. Passports are taking months. Visa too.

Non of this is easy. The Brit gov does not want our foreign spouses in the UK and they make it as hard as they can. Sorry. Its gonna be a challenge.

Good luck
Cheers
Nigel

Re: Career break and spouse visa
 

Apropos other options: Are her parents and grandparents also (just) Aussie? Where were they born?

If anyone was born in Northern Ireland then that might be enough to get an Irish passport, ditto anyone born in the UK and/or on crown service?

Note: you don't necessarily have to have ever held a UK passport to be British

Re: Career break and spouse visa
 

Hello all

Many thanks for your replies, which certainly helped to clarify matters.

An update on the situation: we received notification from UKVI yesterday that the application has been deferred and we were to submit additional evidence within ten working days. We did this today.

I was wondering whether anyone has any idea when the application will be looked at again; i.e. as soon as the paperwork was submitted, or in ten working days from the message (i.e. 18 June)?

Re: Career break and spouse visa
 

It's not your earnings during the last UK tax year that they are looking at.

They are looking to see how much money you earned during the 12 months prior to her application.

Re: Career break and spouse visa
 

Thanks, rebeccajo

I realised that they would be looking at the income over a period of 12 months prior to the application. My question was more along the lines of how long it takes for them to look at the application again once it has been deferred. They've had my passport since March now and I need to travel back to the UK in the next six weeks. Obviously I can ask for the passport back, but that might jeopardise the application. Then again, I cannot afford any further delays as this could prevent me from returning and thereby endanger my job

Re: Career break and spouse visa
 

Months...or longer, if you are stuck with other people who are hoping the financial requirement will be reduced.

If you with that lot, then it might be quicker for your wife to get to the UK, if you return to the UK and work 6 months to meet the financial requirement to sponsor her.

What additional information did you forget to enclose that showed you could meet the financial requirement to sponsor your wife?

Re: Career break and spouse visa
 

You can use savings and income.

Showing you have a job isn't enough, unless you were working and earing £18,600 plus in Oz.

Saying you didn't work, but you will work, won't get a visa. You only had to read threads on here and on other forums, to see that the trust was abused in the past and these peole spoilt it for others following on. They claimed they could afford to sponsor their spouse and that they would work in the UK and wouldn't claim benefits; then they claimed benefits as soon as they got off the plane. The same reason giving ILE to a spouse, was removed. Rotten apples and barrels......

Re: Career break and spouse visa
 

dooninsydney -

I'm sorry I don't know the answer for how long it will take for you to get a response as I am unfamiliar with timelines for that processing center. If I were you, I might write a covering letter expressing the urgency of return of your passport for job travel.

Otherwise - do you think you meet the criteria I mentioned.

Re: Career break and spouse visa
 

:frown:

The OP has applied under one of the legitimate categories for a spousal visa. Apparently the ECO realizes this as he/she has asked for additional information to clarify the OP's situation.

Re: Career break and spouse visa
 

That's why I asked....