UK Spouse Visa - Appendix Query

[GTP]

Hello,

I have what are probably very easy to answer questions but which I am tying myself in knots trying to find an answer for on the UKBA website.

I was born in the UK and hold a UK passport and an Australian passport, my wife is Australian and only holds an Australian passport, though she has held Spouse Visas for the UK from previous stays there. We have been married for 12 years and currently live in Australia with our 3 children all of whom we born in Australia.

My wife is currently the bread winner in our family and has a job offer in the UK with a salary of over £20000 and accommodation on top of this. I am currently looking through the online version of application form VAF4A and am getting confused.

I am assuming that although I will not be financially supporting my family when we return to the UK I am still the sponsor and also I cannot find which appendix of this form applies to my wife as the closest (I think Appendix 1) states

The adult dependant relative of a person who is present and settled in the UK; or
The adult dependant relative of a person with limited leave to enter or remain in the UK as a refugee or as the beneficiary of humanitarian
protection; or
The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before
9 July 2012.
IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX.

Any help on removing the fog from my brain would be gratefully received.

Thanks,

GTP

[ashkevron]

Originally Posted by GTP

Hello,

I have what are probably very easy to answer questions but which I am tying myself in knots trying to find an answer for on the UKBA website.

I was born in the UK and hold a UK passport and an Australian passport, my wife is Australian and only holds an Australian passport, though she has held Spouse Visas for the UK from previous stays there. We have been married for 12 years and currently live in Australia with our 3 children all of whom we born in Australia.

My wife is currently the bread winner in our family and has a job offer in the UK with a salary of over £20000 and accommodation on top of this. I am currently looking through the online version of application form VAF4A and am getting confused.

I am assuming that although I will not be financially supporting my family when we return to the UK I am still the sponsor and also I cannot find which appendix of this form applies to my wife as the closest (I think Appendix 1) states

The adult dependant relative of a person who is present and settled in the UK; or
The adult dependant relative of a person with limited leave to enter or remain in the UK as a refugee or as the beneficiary of humanitarian
protection; or
The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before
9 July 2012.
IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX.

Any help on removing the fog from my brain would be gratefully received.

Thanks,

GTP

Unfortunately, I don't think your wife's job offer counts one single bit. Nor will UKBA accept your wife being a bread winner. As a sponsor, it is you who has to have a job in excess of 18600 pounds a year. Or alternatively, if you have savings of about 62500 held for at least six months, that works as well.

[Crawford]

I might be completely out of the ball park here, but surely, if your wife has a job offer it is the potential employer who is the sponsor, and as such should be sponsoring her for the relevant visa - possibly a Tier 2 visa?

The visa application has financial requirements and a points system which, if the company has already offered her the job, they are probably confident she will fulfill.

Have you asked the company about their sponsoring and assisting with the necessary visa?

[Joppa]

Originally Posted by Crawford

I might be completely out of the ball park here, but surely, if your wife has a job offer it is the potential employer who is the sponsor, and as such should be sponsoring her for the relevant visa - possibly a Tier 2 visa?

The visa application has financial requirements and a points system which, if the company has already offered her the job, they are probably confident she will fulfill.

Have you asked the company about their sponsoring and assisting with the necessary visa?

That may not be possible unless her job is on shortage occupation list or she has such unique qualifications and experience that they have been unable to find a suitable applicant locally.

[Crawford]

Originally Posted by Joppa

That may not be possible unless her job is on shortage occupation list or she has such unique qualifications and experience that they have been unable to find a suitable applicant locally.

Agreed, but I would have presumed that if someone who lives in Australia has been offered a job in the UK, then said person would have suitable skills/experience to justify the company offering the job and could qualify for a work visa.

What is the point of offering a job to such an applicant if a work visa is not warranted?

Maybe the OP will come back with more details of the job situation.

[Joppa]

Originally Posted by Crawford

Agreed, but I would have presumed that if someone who lives in Australia has been offered a job in the UK, then said person would have suitable skills/experience to justify the company offering the job and could qualify for a work visa.

What is the point of offering a job to such an applicant if a work visa is not warranted?

Maybe the OP will come back with more details of the job situation.

Perhaps the job offer was made on the assumption that a spouse visa will be granted, i.e. his wife will have the right to work.
Sponsoring someone on Tier 2 can be a complicated, time-consuming and ultimately fruitless business unless they don't require resident labour market test.

[GTP]

Thanks for the replies so far, I had considered using the employer as a sponsor but the position is a minister for religion so not really one that could not be filled from within the UK.

However I find it interesting that the comments state that they would not look at my wife being the breadwinner when the notes on the website state:

The Immigration Rules require that an applicant and their sponsor must provide evidence that they are able to maintain themselves and any dependants without recourse to public funds.

To meet the maintenance requirement evidence must be provided that demonstrates:
Sufficient independent means,
Employment for one or both of the parties,
Sufficient prospects of employment for one or both parties.

I cannot see where it states it must be me that can support us all. Also does anybody have anything on the other part of the query about the appendix?

[Joppa]

Originally Posted by GTP

Thanks for the replies so far, I had considered using the employer as a sponsor but the position is a minister for religion so not really one that could not be filled from within the UK.

Tier 2 Minister of Religion visa only requires a certificate of sponsorship stating you are coming to do a pastoral or missionary work for the church/religious body you are a minister of. It doesn't have to pass resident labour maket test - i.e. to see if they are other qualified candidates in UK. If she can get the certificate of sponsorship, this seems to be the best option.

However I find it interesting that the comments state that they would not look at my wife being the breadwinner when the notes on the website state:

The Immigration Rules require that an applicant and their sponsor must provide evidence that they are able to maintain themselves and any dependants without recourse to public funds.

To meet the maintenance requirement evidence must be provided that demonstrates:
Sufficient independent means,
Employment for one or both of the parties,
Sufficient prospects of employment for one or both parties.

I cannot see where it states it must be me that can support us all. Also does anybody have anything on the other part of the query about the appendix?

For spouse visa application, the rules changed last month and only the UK sponsor's income is taken into account:

You can meet the financial requirement through:
the income from employment or self employment of your sponsor;
the income from your employment or self employment if you are in the UK;
certain income from sources other than employment, such as rent from property;
state or private pensions of you and your sponsor;
maternity allowances or bereavement benefits received in the UK; or
cash savings over a certain level (the amount of savings that you need to have will depend the level of other income that you and your sponsor have . If you are applying to enter the UK, you will need to have a higher level of savings than if you are applying to extend your stay).

UK Border Agency | Financial requirement

[GTP]

Thanks for the help Joppa, seems to have covered it nicely.