seej48

How long do I have to work in a job earning over £18,600 before I can bring my wife into the country?

We have been married for 6 years and have a 1 year old son together (who is with me, the father, in the UK).

We were living in Japan together, our marriage is registered in the UK. My wife is now waiting in her home country (she had to go to look after her mother who was sick) and as you can imagine she is extremely depressed without her son and husband beside her.

We have read about people submitting 4 months' of payslips to prove they earn over the threshold but I want ro know what the minimum would be to gaurantee acceptance or does it just depend on who looks at it?
I read also that the rules may be relaxed when children are involved but nothing official as far as I can see? Can anyone help, this is torture for all 3 of us!

mikelincs

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The rules say 6 months, therefore 6 payslips are needed, the rules are NOT relaxed just because children are involved don't know where you have been hearing about people being given the visa however I doubt it was on here.

seej48

Further information:
In March (when we were still in Japan) I got proof of earnings for the previous year, which is over the threshold.
Would this have any bearing on the above?
I haven't worked since the end of March either, due to moving and settling in UK and looking for work, will this go against us?

DaveLovesDee

At least 6 months.

Has to be a minimum of 6 months if each paylip shows a minimum of £1,550 per calendar month (£18,600 / 12) or equivalent (the HO just finds the lowest month and x by 12). Or 12 months payslips totalling at least £18,600 if your pay varies or you have more than one employment. The evidence requirement for self-employment are even harder.

mikelincs

there are two ways for the earnings route, having a job earning over the 18,600 a year for 6 months prior to moving, and also having a job in the UK earning over that threshold starting within three months of arrival in the UK, but you would need an official letter from the company showing that job offer.

seej48

Thank you both very much for your help.

quiltman

As DavelovesDee says, you have to have been in a job in the UK for 6 months, earning over the threshold OR been working overseas for at least 6 months earning over the threshold AND have a job in UK to begin within 3 months of you returning to UK. Based on what you say that you have not worked since coming back in March, then it looks like you will have to find a job paying enough AND hold it for 6 months before you can apply for the spouse visa.
Because you came back to UK without a job offer, then I'm afraid you have to meet the rules of 6 months work in UK first. A real pain but that's how the law is at present. Your wife would have had to return to Japan to file the spouse visa if she was in UK on a visitors visa as this does not allow any change to visa status. Maybe our resident expert, Brit In Paris, will pop along with his opinion.

BritInParis

Japanese citizens are non-visa nationals so your wife can visit you in the UK for up to six months. She would not be able to work during this time and she would need to return to Japan in able to lodge her application for a spouse visa. Also if her husband and child are already residing in the UK then she runs a higher risk of being turned away at the UK border as a non-genuine visitor. What is her situation at the moment? Is she employed, still caring for her mother?

SanDiegogirl

Read the following document carefully to see under which category you qualify:

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

You say that in the previous 12 months you earned 18,600 GBP so, if your current job earns 18,600 GBP per annum you may be able to qualify under Category B (Section 5.3) and not have to wait until you have been in the job for 6 months.

seej48

Hi BritInParis, thanks for your response.

My wife isn't Japanese, she is from Peru. She is in Peru now, caring for her mother, not working.

I start my job here in Scotland on May 30th. That will be less than 3 months since stopping work in Japan, however the only evidence I took from Japan was my employee contract and my earnings certificate from the city office, showing my earnings for the year (obtained Feb 2017). I know they are allowed to be flexible with the evidence, but that is probably asking a bit too much, right? It will be impossible to get payslips or even (officially headed) bank statements showing salary being paid in.

Our other (most likely) option is to get her over here on a 6 month visit visa then she goes back to re-apply once I have 6 payslips here. I should be able to sponsor her no problem, right? She has already visited the UK on a holiday visa, and we will be staying with my parents as we did that time.

Thanks - Sorry for the wall of text!

BritInParis

Ah, okay, well Peruvians are visa nationals so she'll need a visitor visa.

How long ago was her last visit to the UK and how long did she come for?

SanDiegogirl

The Immigration authorities are NOT flexible when it comes to financial requirements. Indeed they have no discretion when making decisions.

If you have no concrete evidence of earning 18,600 GBP in the last 12 months (payslips, bank statements, letter of employment etc) on the date of your application, then you will only be able to apply for the spouse visa when you have 6 months of payslips showing that you are now earning the equivalent of 18,600 GBP per annum.

seej48

It was xmas 2013 and it was for 2 weeks

BritInParis

Okay, so as SanDiegogirl points out you've likely missed the boat on applying for your wife to join you now on a spouse visa given the paucity of paperwork. If you do give the visitor visa a go I would recommend complete disclosure on the application form - that you wish your wife to join you and your son for the six months it will take for you to meet the financial requirements and that she will be returning to Peru to apply for her spouse visa at the end of it and that she is fully aware of the restrictions on work and study during this time.

seej48

Yep, that was our opinion too, we have nothing to hide and she is hardly likely to overstay and jeopardise her chances with the settlement visa.
Thank you!