rebeccajo

I believe the savings supplement can only be used to make up any shortfall in the UK job.

Read 5.4.4.

LBJR07

5.2.1 would actually apply to me, I'll be with my employer over 6 months but do not earn the equivalent of 18600 I do however have savings to supplement. Am I reading it right?
It helps to have another set of eyes on things!
Thanks

rebeccajo

You are.

You'll have to be on your present job in the US 6 months or more. You'll need to be in employment with that company on the date of application. UKVI will use the lowest wageslip to compute the annualized earnings.

You will need savings in excess of £16000 to make up the shortfall between what you are earning now and the £18600 requirement.

You'll also need a confirmed job offer in the UK starting within 3 months of your return. You use the same salary calculation method.

englishguygoinghome

It's very poorly worded with respect to this, so the simple answer is "I don't know" (unless you can find someone who's already tried and either succeeded or failed).

There is specific wording to say that you CANNOT use savings to make up the shortfall in the past 12 months income if you are in the UK and in your job for less than 6 months (the relevant bit is in paragraph 15 of FM-SE which isn't specifically referenced as a paragraph for a returning expat).

The only wording in the rules related to your case is that you "cannot double count" savings (that's in para 13 of FM-SE). That may mean you can choose to use them to top up your UK OR your overseas earnings but not both, or it may mean something else.

This question has come up a couple of times - does anyone else out there with an unhealthly knowledge of the rules have an view on what the case may be?

rebeccajo

The "double counting" of savings was inserted into the rules because of the self-employed. It has something to do with the moving around of money earned in the business that shows up on bank statements. The sponsor can't call this money income AND savings.

I read and re-read the guidance LBJR07 put up and couldn't see where she was incorrect in her understanding of it. Still, I find it strange that a sponsor (returning from abroad with a job offer) is allowed to count savings on both ends of the calculation if they are in employment on the day the application is made, but not do the same if they unemployed on the day of the application. I hunted all the other forums I read but couldn't find anecdotal evidence of a successful applicant. I found people with the same question LBJR07 asked, but no one came back to say how the application went.

rebs

I have no idea about the intricacies of the spouse visa - you guys are all very knowledgeable on that, so I may be out of turn commenting on this, but looking at that from the outside I can kind of see a logic to it...

If you have savings and are employed, then those savings can stay intact. If you have savings, but are unemployed there could be an expectation that those savings are about to be eaten into, so shouldn't be considered.

Of course, I could be way off the mark, but I think there is a logic there

rebeccajo

Yer not out of turn! It's a public forum after all!

As I was typing out my last post, I actually had the same thought as you.

Which lead me to have another thought. Well - actially a thought I'd had before but here goes anyway. The 2012 rules are just so damn complicated in order to keep scrounger immigrants off the dole. It's not enough that someone need show they can support themselves. You have to have enough money to cover every eventuality. The most glaring evidentiary requirement is that your first £16000 ($31200 USD) in savings is worthless. Give me a break.

There is very little about real life finances that matches up with these rules.

formula

You answered that yourself. The 16k means that income based benefits can't be claimed.

rebeccajo

Then it bloody well should count.

formula

It does count, but not in the way you want it to.

rebeccajo

It counts one way at the benefit office but not at the Home Office?

You must think the judges on the Upper Tribunal are mental.

zuluswede

I'm not sure where you got the info that "Non British" born Citizens are getting a "free ride". I'm a UKC (not born in the UK) and its gonna cost me exactly the same as you to bring my wife and kids to settle in the UK. If you can point me in the direction of where I can get "IN" free of charge I'd be very much obliged.