spinrs2k

Hey Folks,

Been lurking around the forum for a little while, reading all the very useful information available here which is a great resource so firstly thanks for that.

I'm currently a UK citizen who has been working in Korea now on assignment for a UK company for coming up to 2 years, it has been a great few years best thing is that I meet and married my wife here and we have been married a year next month . This is what brings me here as probably in 12 months my assignment will be coming to an end and ill be returning back to the UK with my employer and I will obviously be wanting to bring my wife to the UK with me so we will be applying for a spouse visa sometime later this year. I'm using the time between now and then to get everything clear in my mind and be mindful of the documents/evidence we need to keep.

My wife is from the Philippines and she was working in Korea on her own visa but since we are now married she is here on a spouse visa and living with me etc.

Now I think I have a pretty good idea of whats required from reading a lot of posts and answers on the forum here but I've not seen any in my exact situation so i have a few questions if anyone can help.

As far as financial requirements, I earn more than the £18600 requirement both while I'm here in Korea and back home but the wording in Appendix 2 doesn't really cover my exact situation as I am paid by UK payroll into a UK account but I'm currently residing abroad and returning home to resume in the same employment/company.

Category A : With current employer for 6 months or more – overseas sponsor returning to the UK this states that I will need to have a job offer starting within 6 months.

As I already have a job I am simply ending my assignment to Korea and returning home in this case, do you think I will need to provide a supplementary letter from my employer confirming that I will be returning to the UK and be continuing my employment with them?

The second question, as were married and living together here in Korea, Do we need to have evidence that we have been living together? For us, this might be quite difficult as I am on assignment all my accommodation and bills are paid for by my company and are not even in my name or a joint name. The only alternative that I can think of is that my wife is a named dependent on my work assignment contract and we have our Korea alien registrations that shows both of us at the same address (albeit it's in Korean). Pictures and stuff are no issue as we have tonnes from Korea and various holidays (including UK) we have been on together etc. What are your thoughts on this?

Sorry for the long post

Thank you for any advice

BritInParis

Interesting one. Unfortunately the rules weren't written with your situation in mind! Common sense should dictate that your ECO should accept a letter confirming your ongoing employment in lieu of a job offer but common sense doesn't always prevail. That you have been payrolled in the UK for the last two years could also be a source of confusion. To play it safe I would return to the UK alone and then have your wife apply for her spouse visa immediately afterwards. That way you will definitely fall into a set category vis a vis meeting the financial requirements. This will likely mean separation for several months, not ideal, but it is the safest option. Alternatively you can take the risk and apply from Korea and provide the letter from your company confirming your ongoing employment as you suggest.

To answer your second question I would have a paragraph in your covering letter explaining your situation and include the items you mention plus a dozen photos or so of you together, preferably also with friends and family. Your marriage certificate will be your primary piece of relationship evidence so that will need to be professionally translated and certified.

spinrs2k

spinrs2k

So digging more in appendix fm 1.7 section 5.5.12 States

"Where the applicant’s partner is working overseas and transfers with the same employer to a job in the UK, that employment may be used to meet both the overseas employment income and the confirmed job offer in the UK required under Category A or Category B."

I think this paragraph covers my situation

what do you think BIP?

BritInParis

Close enough I think. Good spot.

SanDiegogirl

It certainly does cover your situation.

You need to obtain a detailed letter from your employer describing your role and situation, your secondment, your continued income while overseas and your continued income when back in UK - in addition to payslips, bank statements etc.

spinrs2k

Great thanks letter from my employer will be no problem, Will be much better to not have to leave my wife behind and be able to return together.

Thanks both Sandiegogirl and BIP for your help.

Happytiara

Hi,
i applied for a priority spouse settlement visa from Singapore.
my biometrics were taken on 23rd April 2018. 5th may - 30 working days after biometrics, I received an email stating my application is being prepared for consideration. I am wondering if I should call to escalate as it's now 31 working days, or does receiving the email mean I can't?

please can someohe advise me??? Thank you!

BritInParis

You can always call; whether it will do any good is another matter. If you have been contacted to say that your application is being processed then I would sit tight for the time being.

Happytiara

spinrs2k

Hi All,

Just to close out this thread, my wifes visas for UK was approved this morning . Thank you everyone for your help and for this fantastic forum.

It took just over 30 days from biometric appointment to approval on priority.

BritInParis

Congratulations!