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Discussion Starter #1
Hi,

I am currently trying to apply for a spouse settlement visa for my Egyptian husband. I am British and I have been living in Egypt for the past 3-4 years.

During my stay I have been studying.

My problem regarding the financial requirement is that I am not entirely sure what category I come under and my situation is quite strange, however I think it is 5.4. Category B:

Less than 6 months with current employer or variable income - overseas sponsor returning to the UK.

I have a job offer in the UK for when I return with my husband, if he receives the visa, which is at £20,000 p/a. and is sufficient for the minimum financial requirement.

Also, I am not currently employed in Egypt, however I have been living off my own rented property in Egypt which includes 3 rented shops and 1 rented flat. The rent income which I receive from these properties are also sufficient and I receive income over £18,600 p/a.

However, I am not sure whether it is possible to provide this as income from abroad before coming to the UK or if I need to actually be employed as well.

The financial requirement states that under this category I need:

1) The gross amount of salaried or non-salaried employment income overseas of the applicant’s partner

2) 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

3) AND/OR The gross amount of any State (UK or foreign) or private pension received by the applicant’s partner or the applicant.

(as well as the furture employment in the UK)

regarding these three points I am able to provide such evidence of income for the 12 months before the application for option number 2.

However, I would like to know whether option (1) is a necessity and I could also provide (2) and/or (3)

OR

I can provide either (1) OR (2) OR (3)

Many thanks
 

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You aren't eligible to sponsor visa application now under either Cat A or B because you aren't or haven't been in work in Egypt. While you can combine non-employment income, savings or pensions with employment income, you can't just rely on them in the absence of a job.
So as things stand, you need to return to UK, work for 6 months and then sponsor your husband for his visa under Cat A. To avoid lengthy separation, he may be able to come over as visitor while you work the minimum 6 months, and then return home to apply for his settlement visa.

For Cat A:
First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. They must have been paid throughout that period of 6 months at a level of gross annual salary or income which equals or exceeds the level relied upon in the application. Their gross annual salary or employment income can be combined with any or all of the sources at section 5.1.6. in order to meet the financial requirement. So, again, income under Category A can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension if necessary to meet the financial requirement.
For Cat B:
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).
 

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Discussion Starter #3
Thank you for your response, that really helped.

I actually intended to provide the financial requirement through employment in the UK.

However, my situation is a bit unique. I am employed by a family business in the UK and I do have payslips, employment letter etc. and the salary is £20,000 however my job does not require for me to physically be present in the UK or at the business; all my work is done via internet. I also have a share in the business.

The reason why I asked about the category in my first post was because I wanted to know if this option was possible in my situation.

But would I be able to provide the financial requirement as the applicant's spouse/sponsor with my valid employment in the UK even though I am not in the UK at the time of the application?

Keep in mind I do travel to the UK frequently and I do live and intend to continue living in the UK. I travel to Egypt based on a tourist visa, I am not settled in Egypt.
 

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You've given lots of conflicting information.

Have you been living in Egypt for 3-4 years as a student without working as you say here:

I am currently trying to apply for a spouse settlement visa for my Egyptian husband. I am British and I have been living in Egypt for the past 3-4 years.

During my stay I have been studying.

I have a job offer in the UK for when I return with my husband, if he receives the visa, which is at £20,000 p/a. and is sufficient for the minimum financial requirement.

Also, I am not currently employed in Egypt, however I have been living off my own rented property in Egypt which includes 3 rented shops and 1 rented flat. The rent income which I receive from these properties are also sufficient and I receive income over £18,600 p/a.
Or do you live in the UK where you have a job and you travel to Egypt on a tourist visa as you say here:

I am employed by a family business in the UK and I do have payslips, employment letter etc. and the salary is £20,000 however my job does not require for me to physically be present in the UK or at the business; all my work is done via internet.

Keep in mind I do travel to the UK frequently and I do live and intend to continue living in the UK. I travel to Egypt based on a tourist visa, I am not settled in Egypt.
Which is it?
 

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So if you can show you have been in UK for at least 6 months earning the required sum, you can apply under Cat A for someone living in UK.
 
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