Requirement Document Section 5.4
Oct 12th 2016, 7:34 am
#1
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Requirement Document Section 5.4
Hi all,
Sorry to post again but I think this is a slightly different topic so I'd rather start a new thread. Feel free to move my posts.
I just want to ensure that I'm interpreting this correctly.
If I am currently not employed in Australia, can I fly home and job hunt as long as I find something to start within three months of my return?
My current salary in Australia is around £27,000 (depending on exchange rates obvs), so even if it took me the full three months to start, financially I would still have over the threshold and we also have savings.
This would be a huge wait off my mind if I've understood this correctly!
Sorry to post again but I think this is a slightly different topic so I'd rather start a new thread. Feel free to move my posts.
I just want to ensure that I'm interpreting this correctly.
5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK
5.4.1. Where the applicant’s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in two parts in the following way.
5.4.2. First, the applicant’s partner must have a confirmed offer of salaried or non-salaried employment to return to in the UK (starting within 3 months of their return). This must have a gross annual starting salary (or in non-salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.3.6.
5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:
- The gross amount of salaried or non-salaried employment income overseas of the applicant’s partner;
- The gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly, provided they continue to own the relevant asset (e.g. property, interest from shares) at the date of application; and/or
- The gross amount of any State (UK or foreign) or private pension received by the applicant’s partner or the applicant.
5.4.4. So,
under Category B, the assessment of the financial requirement will be based on:
(1) The gross annual salary or income of the applicant’s partner’s confirmed offer of salaried or non-salaried employment in the UK. This source can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension; and
(2) The actual amount of gross income received from the applicant’s partner’s salaried or non-salaried employment overseas in the 12 months prior to the date of application.
This can be combined with the actual gross income the couple received from Category C: non-employment income and Category E: pension over the same 12- month period. Category D: cash savings cannot be used under (2).
5.4.1. Where the applicant’s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in two parts in the following way.
5.4.2. First, the applicant’s partner must have a confirmed offer of salaried or non-salaried employment to return to in the UK (starting within 3 months of their return). This must have a gross annual starting salary (or in non-salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.3.6.
5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:
- The gross amount of salaried or non-salaried employment income overseas of the applicant’s partner;
- The gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly, provided they continue to own the relevant asset (e.g. property, interest from shares) at the date of application; and/or
- The gross amount of any State (UK or foreign) or private pension received by the applicant’s partner or the applicant.
5.4.4. So,
under Category B, the assessment of the financial requirement will be based on:
(1) The gross annual salary or income of the applicant’s partner’s confirmed offer of salaried or non-salaried employment in the UK. This source can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension; and
(2) The actual amount of gross income received from the applicant’s partner’s salaried or non-salaried employment overseas in the 12 months prior to the date of application.
This can be combined with the actual gross income the couple received from Category C: non-employment income and Category E: pension over the same 12- month period. Category D: cash savings cannot be used under (2).
If I am currently not employed in Australia, can I fly home and job hunt as long as I find something to start within three months of my return?
My current salary in Australia is around £27,000 (depending on exchange rates obvs), so even if it took me the full three months to start, financially I would still have over the threshold and we also have savings.
This would be a huge wait off my mind if I've understood this correctly!
Oct 13th 2016, 12:15 am
#2
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Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Requirement Document Section 5.4
5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK
The above category relates to applicant and partner returning to the UK together and obtaining the visa prior to returning,where the applicant's partner meets the following criteria:
5.4.2. First, the applicant’s partner must have a confirmed offer of salaried or non-salaried employment to return to in the UK (starting within 3 months of their return). This must have a gross annual starting salary (or in non-salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.3.6.
If you are intending to return to the UK and then look for a job, this category does not apply to you.
If you wish to obtain a spouse visa so you can return to the UK with your partner you must either have a job to return to and/or savings/investments.
If YOU return to the UK, get a job then, dependent on that job, and taking into consideration your past employment when you say you earned well over the 18,600 then Category 5.3 might be applicable to you. Savings can be taken into consideration.
The above category relates to applicant and partner returning to the UK together and obtaining the visa prior to returning,where the applicant's partner meets the following criteria:
5.4.2. First, the applicant’s partner must have a confirmed offer of salaried or non-salaried employment to return to in the UK (starting within 3 months of their return). This must have a gross annual starting salary (or in non-salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.3.6.
If you are intending to return to the UK and then look for a job, this category does not apply to you.
If you wish to obtain a spouse visa so you can return to the UK with your partner you must either have a job to return to and/or savings/investments.
If YOU return to the UK, get a job then, dependent on that job, and taking into consideration your past employment when you say you earned well over the 18,600 then Category 5.3 might be applicable to you. Savings can be taken into consideration.
Last edited by SanDiegogirl; Oct 13th 2016 at 12:20 am.
Oct 14th 2016, 1:05 am
#3
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Joined: Sep 2015
Posts: 42
Re: Requirement Document Section 5.4
I've had some advice from a solicitor and got my options sorted. Thanks
