UK Spouse Visa Help Please!!

[Happytohelp]

We do have some contacts in France and Germany who may be able to assist and can start contacting if its a realistic option.

What are the requirements as such for a EU spouse visa? Do we need to have a job offer before moving?

Can you go on a short term visit visa to find work?

As such would I have the right to work in the EU?

[Joppa]

Originally Posted by Happytohelp

We do have some contacts in France and Germany who may be able to assist and can start contacting if its a realistic option.

What are the requirements as such for a EU spouse visa? Do we need to have a job offer before moving?

Can you go on a short term visit visa to find work?

As such would I have the right to work in the EU?

Your UK spouse has 3 months to look for work, and you can travel visa-free or with Schengen visa (if you need it).
Once your spouse finds a job, you can get residence permit and you should normally be allowed to work, but that's not necessary for applying for EEA family permit.

[Happytohelp]

There is possibility she could transfer offices.

Are there any other requirements as such? Like the UK have.

[Joppa]

Originally Posted by Happytohelp

There is possibility she could transfer offices.

Are there any other requirements as such? Like the UK have.

I don't think simply transferring offices, such as a temporary transfer or secondment, will work. She must be employed by the German or French office locally.

[Happytohelp]

Originally Posted by Joppa

I don't think simply transferring offices, such as a temporary transfer or secondment, will work. She must be employed by the German or French office locally.

What do you mean by this? What if she was transferred or applied for a 6 month / 1 year internship placement. Would this be enough?

[Joppa]

Originally Posted by Happytohelp

What do you mean by this? What if she was transferred or applied for a 6 month / 1 year internship placement. Would this be enough?

Being transferred usually means she is still employed by her UK employer. In order to exercise economic treaty rights, she has to be employed with a contract by a French or German employer (or local branch of her company). She has to have a contract drawn up according to the local regulations.

[stressed2013]

Sorry for hijacking ur thread, but I need serious advice, can U please decode the category b for me.

I earn 1365 net in a month but in one month I was ill n couldn't go to work in past six months hence my salary was less then 1365, does this means I cant sponsor my wife in category A?

If no how can I do it I category b?
I earned more then 18600 in past 12 months, m with my employer from 3 years but my pay can variate coz my contract is permanent but zero hours, if that makes sense
Please help my partner is so stressectgst she wouldn't eat n sleep withdepression.

[2farapart]

Categories A and B differ as follows: A uses the lowest sum you earnt in the last 6 months as if this is what you earn EVERY time you were paid, and it will be multiplied to make a per-year salary - provided you earnt this with the same employer throughout the 6 months. However, this doesn't help people whose pay is not the same amount on every pay day and where the lowest falls below £1,550 per month or £358 per week, or if they changed jobs during the period, and so B allows instead that the sponsor can prove they earnt a total £18,600 before tax over the course of 12 months (doesn't matter with B if some months were low, whether there are two or more employers etc).

You really need to use your gross (before tax) earnings for calculating Category A. If during each of the 6 months, your gross earnings were £1,550 or greater per month (or £358 or greater per week) you can safely use Category A. As said above, UKBA will use your pay at its lowest point in that 6 months so do ensure every payslip is at the required level.

For Category B, you also use your gross earnings before tax, but instead of proving that you earn a certain amount per week or month, you simply prove that you can earn at least £18,600 over a whole year. This is ideal for people who have changed jobs, have multiple employers of varying pay. I imagine you would need to prove consistency in being able to earn (ie don't have too many months at a low amount) so UKBA are satisfied that you have a good chance to earn £18,600 in subsequent years too.

[nyclon]

Originally Posted by stressed2013

Sorry for hijacking ur thread, but I need serious advice, can U please decode the category b for me.

I earn 1365 net in a month but in one month I was ill n couldn't go to work in past six months hence my salary was less then 1365, does this means I cant sponsor my wife in category A?

What is your gross per month? That's what's important. You need to earn £1550/month gross.

[stressed2013]

Its a zero hour permannanet contract unless terminated by either party, i m not going to do that, and work wouldnt do it as i have been working for them from 3 years and they r getting more work in so no danger to my job

august 1365 net (gross add back the 22% for tax n NI = 1550 [136500/88]
sep 1365 net
oct 1122 net ( i fell ill and couldnt go to work, been to doctors for glandular fever and all)

nov 1365
dec 1365 may be more did over time
jan 1365
feb will be 1365


that one month dragged me down of last 6 months 1550 mark
my partner's leave to remain in uk expires in feb last week so i cant wait, letting her go n brining back means she looses her job and would end up finding work which is not easy thing to do

my gross for last 12 months was 21500

what can i do