[Lauren03]

Hello,
my British partner and I currently live in Australia. We would like to apply for the unmarried partner visa under the financial requirement: with current employer for 6 months or more - overseas sponsor returning to the UK.
My question is: if we make the visa application, meeting the requirements of this financial category, but then my partner quits his current employment before receiving an answer as to the application, is this okay?

 

[Joppa]

Not ok. He should stay in his job until visa is issued, as UKVI may get in touch with his employer to verify his job status. We recently have had someone whose visa was denied when their partner left their job before the application was processed.

 

[salix]

No, there is always the possibility they may contact the current employer. If your partner has quit, it may look as if you are being deceptive.

 

[Joppa]

Sometimes this is inevitable if for example your partner gets the sack or there is redundancy. The thing to do is to contact UKVI immediately and let them know. But it will be different if your partner voluntarily leaves his job.

 

[Lauren03]

Wow am I glad I asked that question! Thank you for the information!
I do find it hard to believe that anyone's current employer is going to be completely fine with an employee submitting an application to move and work overseas (in this case the UK) and continue to let the employee work for them.
Have people not come across this implication before?

 

[Lauren03]

Sometimes this is inevitable if for example your partner gets the sack or there is redundancy. The thing to do is to contact UKVI immediately and let them know. But it will be different if your partner voluntarily leaves his job.

Ah okay I think you posted this when I was still typing my last reply. So I suppose if an employee leaves it to chance and their employer is not happy and makes them redundant then the next step is to notify UKIV. Thanks for the information!

 

[Joppa]

Most people don't let their employer know about what they are up to, so their bosses don't know they will be quitting in near future. We even had someone whose partner's visa was denied when UKVI found out he was serving notice period after giving his notice to quit.

 

[Lauren03]

Most people don't let their employer know about what they are up to, so their bosses don't know they will be quitting in near future. We even had someone whose partner's visa was denied when UKVI found out he was serving notice period after giving his notice to quit.

Gosh okay. I really happy I am finding this out now. This has pretty much changed our view as to how we should apply for this visa! Looks like we'll be getting prepared to be part for approximately 9 months! Thanks for the insights Joppa! You have genuinely helped us.

 

[KHP]

Hi Lauren,

I don't think it's clear whether you mean quitting his current job in Australia or his new job in the UK? He will have to give notice to his current job in Australia anyway...
And as Joppa said if you mean quitting his new job in the UK before the visa is given it could mean the visa being refused.

Cheers,
KHP

 

[Lauren03]

Hi Lauren,

I don't think it's clear whether you mean quitting his current job in Australia or his new job in the UK? He will have to give notice to his current job in Australia anyway...
And as Joppa said if you mean quitting his new job in the UK before the visa is given it could mean the visa being refused.

Cheers,
KHP

Hi KHP,
Sorry for the confusion.
I mean quitting his current job in Australia while we are waiting for an outcome on the application. Not quitting his job offer in the UK.

 

[KHP]

That shouldn't make any difference if you're applying on based on his income from 6 months work in UK.

 

[Joppa]

But under Cat A, the sponsor must currently be in a job overseas when visa application is made, with the UK job offer starting within 3 months of arrival. So it's important that your UK partner stays in his current job until the visa is issued.

It may be possible to go under Cat B, in which case he doesn't have to be in work at the time of application, provided he has earned, in the 12 months prior, at least £18,600, plus a UK job offer starting within 3 months of arrival. It's important that if his current pay is near the borderline, he doesn't quit his job too soon or he won't have made £18,600 in the 12 months leading up to the date of application.

 

[KHP]

I didn't realise that was the case. When I quit my job to move to the UK for my new job we didn't put any information about my previous job overseas in the application under Cat A. We only put information in there about my current job in UK to support my husband's application. He applied the day I had completed 6 months in the UK job.

 

[clever-octopus]

I think though at the point you've been working with your UK employer for six months making the required salary, your previous overseas job becomes irrelevant...

 

[Joppa]

If both the applicant and sponsor are living overseas, there is a way in which you can avoid being separated for a long period of time, provided the sponsor is currently earning at least the minimum overseas, and is going back to take up a UK job offer paying at least as much.
This obvious doesn't work if the UK sponsor isn't currently in work, and this particularly hits British women who are stay-at-home mums, who are then forced to return to UK (often with their young children) and work for 6 months before being able to sponsor their spouse for their visa. The financial requirement rule has been called sexist and discriminatory for this very reason, but the government has shown no intention to change it.

 

[Lauren03]

I think though at the point you've been working with your UK employer for six months making the required salary, your previous overseas job becomes irrelevant...

Yes, I believe you are correct. However, the option my partner and I are looking into requires that he be in his Australian job for at least 6 months at the time of the application, and that he have an official offer of employment for work in the Uk (whilst also meeting the necessary financial requirements).

 

[Joppa]

There are alternatives other than being in work overseas and UK job offer, such as rental income (anywhere in the world), investment income or selling an asset like a house (you need to realise £62,500, but the money doesn't have to be in an account for 6 months unlike normal cash savings).

 

[clever-octopus]

Yes, I believe you are correct. However, the option my partner and I are looking into requires that he be in his Australian job for at least 6 months at the time of the application, and that he have an official offer of employment for work in the Uk (whilst also meeting the necessary financial requirements).

Sorry, I should have been more clear, my response was to KHP My apologies! Should have quoted.

 

[crazycatlady]

Hi All
I'm in a similar position to Lauren03 and am a bit confused and worried having read this.
I'm British and have been working in Mexico for nearly 2 years and have a job offer in the UK - I've signed a conditional contract while they carry out their vetting and am now waiting for the official contract with start date etc in order to start the visa application for my Mexican husband (hopefully we'll submit the application in the next couple of weeks).

My new UK employer wants me to start in October, which obviously means I will have to give my 2 weeks notice here in Mexico during September when the application will probably still be in progress. So if I understand correctly, does this mean that they could reject the application if they happen to do an employer check during the 2 weeks that I am between jobs?

Thanks in advance.
CCL

 

[Joppa]

No. In your case, the fact you were in work in Mexico when you applied online makes your application legitimate.