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New Financial Requirement

2K views 7 replies 3 participants last post by  Joppa 
#1 ·
Hi all,

I have been going over the new financial requirement and can't seem to find an option that works for our situation. My partner and I are planning to move back to the UK in just over a year. We meet all the requirements for proving we are in a genuine unmarried relationship, but are having some difficulty with the financial requirement.

We are moving to Australia together this year in order for my partner to make the required income threshold to sponsor me (minimum wage is higher there). After the year in Australia We had planned for him to move back to the UK ahead of me to start working there and find us an apartment, while I move back to Canada to complete my application. The financial requirement gives different options for people with sponsors already in the UK and people who are returning to the UK with their sponsors to settle:

If you are returning with your spouse to the UK, you can prove your sponsor made the required amount with overseas employment with the same employer for 6 months or with different employers over a year and has a job offer in the UK.

If you are applying to join your spouse who is already in the UK, you can meet the requirement by proving your sponsor is making the required amount in the UK with the same employer for the last 6 months or has made the required amount with different employers over the last year IN THE UK.

But what about people who's sponsors have made the required amount OVERSEAS for the last 12 months, and have just begun (less than six months) work in the UK at the required level. Is this a valid way to meet the financial requirement? Or will my spouse have to defer starting employment in the UK until after I get my visa in order to avoid the six months with the same employer requirement?? It seems like it should be ok, but it doesn't give you the option on the application to mix UK and foreign incomes on the application form...

Any help is greatly appreciated!
 
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#2 ·
But what about people who's sponsors have made the required amount OVERSEAS for the last 12 months, and have just begun (less than six months) work in the UK at the required level. Is this a valid way to meet the financial requirement? Or will my spouse have to defer starting employment in the UK until after I get my visa in order to avoid the six months with the same employer requirement?? It seems like it should be ok, but it doesn't give you the option on the application to mix UK and foreign incomes on the application form...
In that case you can apply under Category B:

Where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for less than the last 6 months, the applicant can count the gross annual salary at the date of application towards the financial requirement.

http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary Page 9
 
#5 · (Edited)
In that case you can apply under Category B:

Where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for less than the last 6 months, the applicant can count the gross annual salary at the date of application towards the financial requirement.

But if you have been with the employer less than six months, you must prove in addition (Page 10,same document) that you have been in other salaried employment at the threshold for 12 months prior to the point of application. The actual application gives you the option to use previous employment IN the UK, but it doesn't say anything about overseas employment.
 
#3 ·
I can't answer your question but I hate how these new rules affect genuine couples who have both lived abroad and want to come back to settle.

Have you looked at the loophole where if you move to a European country and get a job for about 6 months then move to the UK. There is little financial requirement and the visa costs next to nothing. Something about exercising your EU treaty rights. I'm not sure how it works but maybe someone with more experience or Joppa can help you.
 
#4 ·
I have answered the query above.
As for EU route (called Surinder Singh rule), it's possible but just imagine the difficulty of securing a job in another EEA country, where they have just as bad or worse job situation, where you don't have any contact and local language skills. Recently we had on this forum a British citizen who tried for a job in France for 6-12 months and just couldn't find one, so was unable to support his Australian spouse for EEA family permit.
 
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