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Discussion Starter #1
Having taken a year off from work I am now starting a new job in the UK on 1st July.

Although this role commands a high salary way in excess of the £18,600 threshold, I have been told that since I didn't work for the previous year and don't have savings in excess of £62,500, I won't meet the financial requirements for the Spouse Visa -- Is this correct?

Now, assuming this is the case, my plan is that my wife will accompany me on a Family Visit visa, we will stay with my parents and then look for a place we will eventually live whilst I settle into the new job. After the six months, she will return to Philippines and we will then apply for the Spouse Visa since I will have been working for six months, earned enough to meet the financial requirement and have a place of residence as required for the visa.

My questions are:

1. Is this a sensible way of doing things or am I going to run into a heap of trouble?

2. On the family visit visa application, should I state all of this or just say she's visiting in-laws etc. for a period of time?

3. Is there anything I should think about?

All advice very gratefully received!
 

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You are right about not meeting financial requirement in your circumstance. So you must work for 6 months in UK before you can sponsor.

You can try what you propose but there are a few caveats. 6 months is the maximum allowed as visitor and Home Office will scrutinise such applications, as people wanting to stay for a longer period either is a potential overstayer or trying to get a job illegally to finance it. So you need to convince them that you'll have enough resources to maintain her completely for 6 months, and that she will leave UK at the end and return home. The need to apply for settlement visa may be one such reason, but other strong ties to her home country should be submitted, such as family responsibility, property ownership or business/job.
 

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Discussion Starter #3
Thanks for the quick reply.

I wondered about stating six months on the application, which is why I was wondering if it was better to put 3 or 4 months. Circumstances and flights can change.

I don't have any payslips for the new job as I haven't started yet, but my gross base salary would meet the requirement in less than 3 months, although I know I still need 6 months of payslips to sponsor. I will be able to include a copy of signed employment offer and this can be verified with the company so that they know I can comfortably support her whilst she is the UK without her needing to earn or have a penny.

We can certainly emphasise family responsibility etc. as there are two daughters, although they live with their grandmother and her ex since they are in high-school.

I guess my only outstanding question is whether I'm asking for trouble if I say she will stay 3-4 months on the Family Visit application (or even less), but in the end she stays for 6 and we then apply for the Spouse Visa immediately on her return to Philippines?

Thanks again for your reply.
 

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If you're applying by salaried employment, you'll simply have to have held a job for 6+ months; they won't make an exception because of your high salary. The requirement to show six months' of payslips demonstrates that you have a STABLE employment.

Yes, it will definitely be a problem if she stays for longer than originally stated on the visitor visa. That's dishonest, and they do reject visas based on this. Be honest and follow immigration rules exactly. No dubious behaviour.
 

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Ianrats i did what you are talking about. Returned to the uk with my husband on a 6 month family visit visa. We said we were only staying 6 weeks but our circumstances changed and he stayed 5 months. I applied about 2 weeks or so ago. Im waiting for the outcome but will let you know. However on another forum 2 or 3 people have done the same and had no issues with their visa. They just expalined why their partner stayed longer.
 

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Discussion Starter #6
Thanks for the reply clever-octopus.

Definitely she would not overstay the length of the visa and depart by the last date. My question was if a dim view would be taken if she stated 4 months on the application, was granted a six month visa (the minimum) and then actually stayed closer to six months?

The frustrating thing is that like most people here, we're just trying to minimise any time we're apart, not to try and play the system.
 

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My question was if a dim view would be taken if she stated 4 months on the application, was granted a six month visa (the minimum) and then actually stayed closer to six months?

The frustrating thing is that like most people here, we're just trying to minimise any time we're apart, not to try and play the system.
They will likely take a dim view of it; it's simply dishonest. There have been cases on this forum where the ECO has stated this discrepancy as a reason for refusal. Remember that ECOs are human beings with a fair amount of leeway in using their own personal judgment. Yes, you can certainly explain the discrepancy in a covering letter, but what will be the reason for it? Normally when people stay longer than intended, it's because of illness, or other truly extenuating circumstance. Why can't she just state a longer stay in her visa application to begin with? I know you're trying to minimise time apart but here's my take, just as a fellow (former) applicant for a spouse visa, with no authority whatsoever... It's not worth lying to gain another two months together when you'll have the rest of your lives if the spouse visa is granted.
 
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I guess its up to the eco. Can you please direct me to an example of someone refused on that reason alone? I cant find any. I can find examples of peiple having no issues with this. My reason is i got a job in the uk. It wasnt planned. So circumstances change.
 

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I'm sorry, I'm not able to find the exact posts... But one was recently, within the past few weeks; I don't think the "overstay" (if you can call it that) was the only reason for the refusal per sé (there were other reasons cited, the poster quoted the full text of the rejection letter) but it was certainly noticed by the ECO. Lea126, your circumstances changed after you applied for the visa without your foreknowledge, and you handled it well by explaining it in a letter. The OP is asking to deliberately lie on a visa application about the time intended to stay in the UK, and speaking as a normal person and not an ECO, I just don't think it's the right approach. Sure it may be harmless and it might not result in a rejection, but it's not wise. I will defer to anyone with better knowledge than myself of course! :)
 
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