Potentially moving back to the UK
Jul 18th 2013, 10:00 am
#16
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Location: USA
Posts: 264
Re: Potentially moving back to the UK
So if I'm reading this correctly - my wife can apply and be accepted on the basis of the following.
1) That I have a job offer of at least 18,600GBP beginning within 3 months of her arriving (hopefully I will already be working). If the income is not 18,600GBP I may use savings to make up the difference - X is my income = ((18600 - X)*2.5)+16000 being the formula to calculate the savings that I need to show for at least 6 months prior to applying.
2)I must also show proof of earning 18,600GBP in the 12 months prior to her applying. In this scenario I will be proving some American income (which is just above) and some British income which may be below 18,600 however there may be a gap in employent of a month or so which might take me below.
I don't think my scenario is going to work?
I'm starting to think it may just be easier if I went to the UK for a few weeks secure employment and then come back to move the family.
I hate these rules.
1) That I have a job offer of at least 18,600GBP beginning within 3 months of her arriving (hopefully I will already be working). If the income is not 18,600GBP I may use savings to make up the difference - X is my income = ((18600 - X)*2.5)+16000 being the formula to calculate the savings that I need to show for at least 6 months prior to applying.
2)I must also show proof of earning 18,600GBP in the 12 months prior to her applying. In this scenario I will be proving some American income (which is just above) and some British income which may be below 18,600 however there may be a gap in employent of a month or so which might take me below.
I don't think my scenario is going to work?
I'm starting to think it may just be easier if I went to the UK for a few weeks secure employment and then come back to move the family.
I hate these rules.
Originally Posted by ukba
5.4.5. Case studies – Category B: Less than 6 months with current employer or variable
income – overseas sponsor returning to the UK
(a) The applicant‟s partner currently lives in China and is returning to the UK with the
applicant. The applicant‟s partner left her job in China 3 months ago to prepare for
the move to the UK. She is not employed at the date of the application. From the
job that she left, she received an income of £19,000 in the 12 months prior to the
application. So part (2) of the Category B calculation for a returning sponsor is
met because she received in the 12 months prior to the application the amount of
income required to meet the level of the financial requirement
income – overseas sponsor returning to the UK
(a) The applicant‟s partner currently lives in China and is returning to the UK with the
applicant. The applicant‟s partner left her job in China 3 months ago to prepare for
the move to the UK. She is not employed at the date of the application. From the
job that she left, she received an income of £19,000 in the 12 months prior to the
application. So part (2) of the Category B calculation for a returning sponsor is
met because she received in the 12 months prior to the application the amount of
income required to meet the level of the financial requirement
The applicants partner (who would be me) left her job of 19,000pa 3 months prior to application to prepare for the move. She is not employd at the the time of application.
She meets part (2) section b of the requirements...how?
Her income is 19,000/12=1583.33333
She only worked 9 months out of 12 at the time of application, therefore her income 12 months prior to application was 9*1583.33=14250 not enough to meet 18600
Jul 18th 2013, 10:29 am
#17
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Re: Potentially moving back to the UK
I think I understand now - I am talking to myself here I know but it drives me nuts.
The total income received over the past 12 months is 19000 (her income for 9 months of work was 19000) - I feel stupid.
The total income received over the past 12 months is 19000 (her income for 9 months of work was 19000) - I feel stupid.
Jul 18th 2013, 10:31 am
#18
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,214
Re: Potentially moving back to the UK
Now I'm really confused , this case study is under the quoted excerpt in post #15.
The applicants partner (who would be me) left her job of 19,000pa 3 months prior to application to prepare for the move. She is not employd at the the time of application.
She meets part (2) section b of the requirements...how?
Her income is 19,000/12=1583.33333
She only worked 9 months out of 12 at the time of application, therefore her income 12 months prior to application was 9*1583.33=14250 not enough to meet 18600
The applicants partner (who would be me) left her job of 19,000pa 3 months prior to application to prepare for the move. She is not employd at the the time of application.
She meets part (2) section b of the requirements...how?
Her income is 19,000/12=1583.33333
She only worked 9 months out of 12 at the time of application, therefore her income 12 months prior to application was 9*1583.33=14250 not enough to meet 18600
I think you're reading the above example as the sponsor's job pays 19,000 a year, but I don't think that's correct. I read it as the applicant's partner actually earned that 19,000 over the preceeding 12 month period, ie 19,000 was what she earned for the 9 months she worked.
The rules don't require you to have been working every month of the 12 months, they just require you to have earned at least the minimum during the 12 month period. If the sponsor in the above example had worked continuously over the preceeding 12 month period, they'd have earned over 25,000.
I hope I haven't confused you even more!
Jul 18th 2013, 10:33 am
#19
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,214
Re: Potentially moving back to the UK
I was working it out while you were working it out I need a coffee now, it's only 6:30am in Oz
Jul 18th 2013, 11:12 am
#20
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Joined: Sep 2008
Location: USA
Posts: 264
Re: Potentially moving back to the UK
So I'm having to review the path to getting my wife in the UK.
1) 6 months of 62500.00 in savings
or
2) At the time of application - 12 months prior income of at least 18600 + job offer within 3 months for at least 18600 (can be made up in savings)
My plan of action is this my current income in the US puts me just above the requirement - i.e. if I were to be unemployed for 1 month out of the 12 it would put me under 18600. Therefore I can't really take any extended time off work unpaid.
So I need to save up a couple of weeks vacation and make my way over to the UK alone to find employment and pray that I can find decent employment in 2 weeks whereby they will push my start date out 3 months and it pays 18600. Then return with documentation send in the app and wait for UKBA.
Sound solid?
Last edited by Wilto; Jul 18th 2013 at 11:48 am.
Jul 18th 2013, 9:02 pm
#21
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Joined: Sep 2010
Posts: 361
Re: Potentially moving back to the UK
Yeah I got it eventually.
So I'm having to review the path to getting my wife in the UK.
1) 6 months of 62500.00 in savings
or
2) At the time of application - 12 months prior income of at least 18600 + job offer within 3 months for at least 18600 (can be made up in savings)
My plan of action is this my current income in the US puts me just above the requirement - i.e. if I were to be unemployed for 1 month out of the 12 it would put me under 18600. Therefore I can't really take any extended time off work unpaid.
So I need to save up a couple of weeks vacation and make my way over to the UK alone to find employment and pray that I can find decent employment in 2 weeks whereby they will push my start date out 3 months and it pays 18600. Then return with documentation send in the app and wait for UKBA.
Sound solid?
So I'm having to review the path to getting my wife in the UK.
1) 6 months of 62500.00 in savings
or
2) At the time of application - 12 months prior income of at least 18600 + job offer within 3 months for at least 18600 (can be made up in savings)
My plan of action is this my current income in the US puts me just above the requirement - i.e. if I were to be unemployed for 1 month out of the 12 it would put me under 18600. Therefore I can't really take any extended time off work unpaid.
So I need to save up a couple of weeks vacation and make my way over to the UK alone to find employment and pray that I can find decent employment in 2 weeks whereby they will push my start date out 3 months and it pays 18600. Then return with documentation send in the app and wait for UKBA.
Sound solid?
http://talk.uk-yankee.com/index.php?board=17.0
It is the counterpart to BEP for USC's coming to the UK and I have seen there the posts of many young couples applying (successfully) using the employment route.
Jul 20th 2013, 2:42 pm
#22
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Joined: Sep 2008
Location: USA
Posts: 264
Re: Potentially moving back to the UK
5.1 Category A - Person residing in the UK
5.2 Category A - Overseas sponsor returning to UK
5.3 Category B - Person residing in the UK
5.4 Category B - Overseas sponsor returning to UK
As of right now I am planning on being an overseas sponsor returning to the UK with a job offer. This would be the easiest and most pain free way of doing things.
However if things don't go to plan we may move and wife will be in the UK as a visitor/on vacation for 6 months, returning to apply for visa when the time comes - she will not be working in the UK whatsoever.
So will I be considered a "person residing in the UK"? it's confusing as they use the term "applicants partner" in subsequent paragraphs and no clarity as to who this "person residing in the UK" is, whether it is the applicant, the applicants partner or both.
