Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 10 of 10 Posts

·
Registered
Joined
·
140 Posts
Discussion Starter · #1 ·
Hi everyone,

Apologies if this has come up before - I've trawled through pages of the UK forum and can't seem to find anyone in my situation!

So, I (Georgina/English) met my Australian boyfriend Mitch in London nearly 2 years ago. We moved in together after a few months and have rental agreements to show we lived together for 18 months continuously. His visa then ran out and as such as moved over to his home city of Sydney around a month ago.

It's great and sunny but we are both missing London like mad and are keen to get back ASAP.

We therefore plan to stay here until April when we will hit the 2 year living together mark and then move back.

My worry is, whilst I am relatively confident that we will be fine with proving our relationship status (we have tenancy agreements, bank statements, doctors records, holiday bookings etc etc) when we move back I won't be able to prove 6 months of the relevant income for obvious reasons (living abroad).

We do however both have agreements from our previous employers in London that they will take us back on permanently as soon as we are back in the UK. So my question is - will official letters from our employers be enough? We will both be earning in excess of the £18,600 limit and I'm sure getting this written into the letters will no be problem.

Would be great to hear your thoughts!

Thanks!
 

·
Super Moderator
Joined
·
18,071 Posts
Unfortunately you won't meet the financial requirement. When returning from overseas there are 2 parts to the financial requirement. First the UK partner must be employed at the time of application for 6 months or a year, depending on the category you apply under, making £18,600/year AND the UK partner must have a job lined up making £18,600/year starting within 3 months of your return. Since you aren't employed, you will fail on the 1st part. Your boyfriend's potential job and earnings are not relevant and not taken into consideration. There is no flexibility on the financial requirement.

Financial requirement options:

http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary
 

·
Registered
Joined
·
140 Posts
Discussion Starter · #3 ·
Hi, thanks for getting back to me. Sadly not the news I wanted to hear.

So, will our only option be for me to return to the UK once we hit the 2 year mark, get re-employed and then wait for him to join me 6 months later? Will that 6 months apart affect the visa application?
 

·
Registered
Joined
·
39,103 Posts
Yes, that's just about your only option, and no, being unavoidably separated by jobs and visas is accepted.
 

·
Registered
Joined
·
140 Posts
Discussion Starter · #5 ·
Hi guys,

Sorry just to confirm, I AM working out here in Oz and I plan to do so for 6 months.

So, if I'm reading the terms and conditions correctly (5.2) then I do comply? As in, I will be able to show both a full 6 month employment history and a job offer starting in the UK within 3 months?

Am I reading this right?!
 

·
Registered
Joined
·
39,103 Posts
Sorry just to confirm, I AM working out here in Oz and I plan to do so for 6 months.
Well, that's a vital piece of information you have failed to mention, which changes everything. So are you on a working holiday visa or something in Australia? Then your partner can apply under Cat A - sponsor working overseas for at least 6 months, and has a job offer in UK starting within 3 months of returning, provided both jobs are paying you at least £18,600 gross/year.
 

·
Registered
Joined
·
140 Posts
Discussion Starter · #7 ·
Hi Jobba, apologies, I was trying so hard to get all the information down regarding the UK side of things that I failed to mention what we were actually doing out here in Sydney!

Well that's much better news and sounds a lot more positive than spending 6 to 9 months on opposite sides of the world!

Thanks for your help :)
 

·
Registered
Joined
·
140 Posts
Discussion Starter · #8 · (Edited)
Hi Joppa,

I just have a few more questions if you don't mind?

1) If for some reason, I don't end up earning the relevant amount of money in the 6 months of my job here in Sydney (it is shift work and so if, for example, I took a week off I may fall under the limit) could we apply under Category B and combine 6 months of Aus earnings and 6 months of UK? Or because we would be applying as an 'overseas sponsor returning to the UK' would it have to be all overseas earnings?

2) I am led to believe you can apply but post date the start date of the visa by 3 months? If that is the case and say we applied on 1st Jan to enter the UK by 1st April, does that mean I could use a letter from my UK company saying I will start my job by 1st July? My thinking is that once we apply, if it takes 12 weeks to be approved, it means we are stuck in Australia not being able to travel and then as soon as our passports are returned we would have to fly straight back to the UK and start working immediately. It would be nice to know we have 3 months to play with in terms of travelling etc.

Thanks!
 

·
Registered
Joined
·
39,103 Posts
Hi Joppa,

I just have a few more questions if you don't mind?

1) If for some reason, I don't end up earning the relevant amount of money in the 6 months of my job here in Sydney (it is shift work and so if, for example, I took a week off I may fall under the limit) could we apply under Category B and combine 6 months of Aus earnings and 6 months of UK? Or because we would be applying as an 'overseas sponsor returning to the UK' would it have to be all overseas earnings?
No, you can't combine your Australian and UK earnings. If you have non-employment income or savings, that can meet the shortfall. Otherwise, if your overseas income is insufficient, you have to return to UK and start work and then sponsor your partner after 6 months, earning at least the minimum.

2) I am led to believe you can apply but post date the start date of the visa by 3 months? If that is the case and say we applied on 1st Jan to enter the UK by 1st April, does that mean I could use a letter from my UK company saying I will start my job by 1st July? My thinking is that once we apply, if it takes 12 weeks to be approved, it means we are stuck in Australia not being able to travel and then as soon as our passports are returned we would have to fly straight back to the UK and start working immediately. It would be nice to know we have 3 months to play with in terms of travelling etc.
Well, an unusual question but looking at it that way, yes, you can.
 

·
Registered
Joined
·
140 Posts
Discussion Starter · #10 ·
Hi Joppa,

Sorry for bringing you back into this thread.

Our circumstances have changed slightly in that I am possibly going to return to the UK in January, at which point we will have been living together for 2 years.

I will be re-employed almost immediately by my last employer, on a salary exceeding £18,600. I will also have evidence from January 2013 - January 2014 showing UK income over this amount too.

Therefore, my question is, do you think we would be accepted based on Category B (sponsor residing in the UK)?

My partner will then fly out and re-join me in London, if all goes to plan.

Thanks in advance!
 
1 - 10 of 10 Posts
Status
Not open for further replies.
Top