How long do I have to wait before applying?

Old Aug 14th 2018, 11:24 pm
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Default How long do I have to wait before applying?

Firstly thank you to everyone on here for advice! Everyone has been so helpful.

My my husband and I have been trying to apply for a spouse visa to return to the UK but it has been very difficult to time with moving countries and changing jobs etc. We were going to apply category A using overseas income but looking at all the documents we may have a stronger case applying via catergory B as I would be moving country and changing jobs during the application as I can’t just wait for the visa to be approved before moving back to the UK as I have to start my new job (obviously my husband will stay abroad).

How long do I have to wait before applying via catergory B? My previous employment was abroad and I would be using catergory B income from the UK. I start my job on the 1st of September but will not receive a pay cheque until the end of the month. I can easily prove I meet the requirement through my previous job using 12 months of payslips. What is the first day I could apply? The first day I start employment or the day of my first pay cheque?

Thanks for any advice!

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Old Aug 15th 2018, 3:03 pm
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Default Re: How long do I have to wait before applying?

Which Cat B are you going to apply under? :

5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK OR

5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK

There are different requirements.
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Old Aug 15th 2018, 3:27 pm
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Default Re: How long do I have to wait before applying?

Thanks for your reply! I returned to the UK to get a job and secure accommodation so I'm unsure if I can apply visa 5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK. As I am not returning to the UK with my spouse (I was not able to get a job without coming here myself for interviews etc.) would I have to apply via 5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK? Paragraph 2 seems to only suggest I would need payslips from employment for the previous 12 months.

Just for reference Paragraph 2 states:

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

I can easily get sufficient pay slips for the previous 12 months with my previous employer overseas.
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Old Aug 15th 2018, 6:57 pm
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Default Re: How long do I have to wait before applying?

Originally Posted by A3am View Post
Thanks for your reply! I returned to the UK to get a job and secure accommodation so I'm unsure if I can apply visa 5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK. As I am not returning to the UK with my spouse (I was not able to get a job without coming here myself for interviews etc.) would I have to apply via 5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK? Paragraph 2 seems to only suggest I would need payslips from employment for the previous 12 months.

Just for reference Paragraph 2 states:

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

I can easily get sufficient pay slips for the previous 12 months with my previous employer overseas.
The above statement does NOT suggest that one only needs payslips from employment overseas, The important phrase is In respect of salaried employment in the UK. If one is applying as a resident of the UK one has to provide proof of employment: (i) refers to someone who has been employed for 6 months or more (ii) refers to someone who has been employed for 6 months or less, and in this category, they have to provide current payslips PLUS payslips from past 12 months to prove they have earned 18,600 per annum.

There is one anomaly to this premise and that is in Paragraph 5.3.11 Example B of Appendix FM 1.7 Financial requirements. Here they refer to the sponsor as only being in her job for three weeks, earns over 18,600 GBP as so passes Part 1 of the requirements. Presumably this sponsor has not had her first paycheck???

If you apply under 5.3 Cat B you should, as a minimum, have one payslip to prove you are in current employment. (together with employment contract/letter etc)
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Old Aug 15th 2018, 9:57 pm
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Default Re: How long do I have to wait before applying?

Thank you. I did think that was strange with regards to the example where the person had only worked three weeks which is why I was so confused. I guess it was just wishful thinking and we will have to wait another month. It's frustrating as I have always made above the threshold and will with my new UK employment too. We will only have 13 days where I am unemployed. Do you think there would be a better category to apply under or is waiting until that first pay check our only option? It seems crazy that even though I meet the requirement I can't apply because I've returned to the UK before applying.
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Old Aug 15th 2018, 10:20 pm
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Default Re: How long do I have to wait before applying?

Originally Posted by A3am View Post
Thank you. I did think that was strange with regards to the example where the person had only worked three weeks which is why I was so confused. I guess it was just wishful thinking and we will have to wait another month. It's frustrating as I have always made above the threshold and will with my new UK employment too. We will only have 13 days where I am unemployed. Do you think there would be a better category to apply under or is waiting until that first pay check our only option? It seems crazy that even though I meet the requirement I can't apply because I've returned to the UK before applying.
Earlier this month I wrote that I did not see why you could not apply using Cat A 5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK. The fact that you returned earlier than your spouse to 'sort things out' , did not, in my mind, make you ineligible from using this category. Some sponsors have entered the UK before their spouses to do just that. You spouse is still going to be applying from overseas. However, you are not comfortable with that suggestion, so I suggest you go with Cat B when you have the payslip.
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Old Aug 15th 2018, 10:33 pm
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Default Re: How long do I have to wait before applying?

Thank you. We may just risk it and go for Category A. The reason we were put off is when we began the application it asked where I was living and on the Appendix 2 said only to complete the relevant section if I was not permanently resident in the UK. If me being in the UK would not be an issue then surely 5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK would also be possible. We've found it very confusing as we seem to fit into multiple categories but all have their issues and we haven't been able to decide on the best route as we really don't want it to be rejected.
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Old Aug 15th 2018, 10:36 pm
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Default Re: How long do I have to wait before applying?

Do you happen to know if the application is rejected could we still apply under priority if we had to reapply? Or would it likely take longer as we'd already had a failed application?
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Old Aug 16th 2018, 12:35 am
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Default Re: How long do I have to wait before applying?

Originally Posted by A3am View Post
Thank you. We may just risk it and go for Category A. The reason we were put off is when we began the application it asked where I was living and on the Appendix 2 said only to complete the relevant section if I was not permanently resident in the UK. If me being in the UK would not be an issue then surely 5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK would also be possible. We've found it very confusing as we seem to fit into multiple categories but all have their issues and we haven't been able to decide on the best route as we really don't want it to be rejected.
If you go route 5.4 Cat B, then remember to complete Appendix 2 as overseas sponsor returning to UK.
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Old Aug 16th 2018, 12:36 am
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Default Re: How long do I have to wait before applying?

Originally Posted by A3am View Post
Do you happen to know if the application is rejected could we still apply under priority if we had to reapply? Or would it likely take longer as we'd already had a failed application?
Not recommended to spend money on priority service if one has had a refusal due to the additional scrutiny of new application.
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Old Aug 16th 2018, 12:44 am
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Default Re: How long do I have to wait before applying?

Thank you so much for all your help. I guess it's better to play it safe otherwise the wait might be even longer. Thanks again. I really appreciate your advice!
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