Davidren

I am currently living in Australia and am a British Citizen, with an Australian wife. We also have a newborn who should qualify as a British Citizen.

I am looking into returning to the UK for a period of time to work, questions I have around this are:

- I currently earn over the equivalent of £18,500 in Australia and have been employed got over 6 months.

- I don't have £62,500 in savings currently.

In terms of getting a spousal visa I understand that I have to have a job offer before my wife applies for the visa.

Are we able yo return to the Uk with my wife as a tourist/visitor visa, me then find a job and apply for the visa within the UK?.....or will there be issues with this ?

SanDiegogirl

You cannot apply for the spouse visa for non-EU spouse from within the UK.

If you move to the UK to find a job, your wife can visit the UK during this time, but must leave in order to apply for the spouse visa.

If you obtain a job offer to start within 3 months of your returning to the UK, you apply for the visa while in Australia and you both enter the UK when visa is issued.

Read this document for all details of how to qualify under the financial requirements:

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

WEBlue

David, have you looked at the UKBA's financial requirement document that spells it all out?
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

It sounds to me like you are presently in Category A:
With current employer for 6 months or more- overseas sponsor returning to the UK which is detailed on p. 19. You as her sponsor will need a UK job offer that meets the requirement and begins within 3 months of your return to the UK.

Yes, she can theoretically come to the UK on a tourist/visitor visa, as long as she can satisfy the IO that she will leave the country within that 6 months' tourist/visitor allowance. If the IO suspects that she will not do that, she could easily be denied entry.

You-- or rather she (as she's the one who must apply for the spouse visa)--cannot switch from a tourist/visitor visa to a spouse settlement visa from inside the UK. She must leave the UK before her 6 months' allowance is up (if she's granted the full 6 months) and return to her country of regular residence to apply for the spouse settlement visa.

SanDiegogirl

To apply under Cat A from overseas the applicant's partner must have been in their current job meeting the financial requirements for 6 months or more AND they must have a job offer starting within 3 months of returning to the UK.

WEBlue

Very true. And as he now has a job meeting the required income level and has had it for over 6 months, what he next needs is a UK job offer also meeting the required level and starting within 3 months of arrival in the UK. So the answer to his question is-- yes, he needs the required UK job offer.

Davidren

Thanks for the responses I assumed it would have to be applied for outside of the UK unfortunately.

One other question is around the job offer itself, does it have to be a full-time permanent role ?

If I was to be offered a 6 month or 12 month fixed term contract that paid over the $18,600 for the year would that still meet the financial requirements/rules ?