Applications for UK visas affected by Covid 19 (specifically income rated)

[isnakebite]

Hello All,

Hope some of you can offer some advice/thoughts or has anyone already applied for a visa to live with their spouse after having their income affected by Covid? According to the UK government website:

"If you’ve experienced a loss of income due to coronavirus, we will consider employment income for the period immediately before the loss of income due to coronavirus, provided the requirement was met for at least 6 months up to March 2020."

 

I've already written to the Coronavirus Immigration Help Centre (CIHQ) for clarification if the proof of income upto March negates the need to provide atleast £16K savings because it doesn't mention acceptance of proof of income, if loss of income has been caused specifically by redundancy (which has happened to me). I'm waiting on their reply. CIHQ has already sent an automated email apologising for passing the 5 working day response waiting period.

 

Additionally back in September 2019 I was made redundant, paid 3 months in lieu (upto and inc. November). I didn't start my new job till December 23rd. However I received an additional one off non taxable redundancy sum that was equal to  me being paid until middle of May 2020 if I still had been employed. Technically I wasn't paid by an employer for December but I had received income 3 months prior that did cover December.

 

Regardless of the reponse from CIHQ and assuming the rest of application is 100% correct, if my wife applies for her visa would it be rejected on account of me not receiving payment from an employer in December?

 

Thanks in advance.

 

[Tony M]

I'll try to provide some clarification, but I am a little confused by your first question. If you are relying on income to meet the financial requirement, then there is no need to have any savings at all, certainly not a minimum of 16,000 GBP.

 

The UKVI/Home Office guidance on income lost due to Covid is as you have stated. For me, the devil is often in the detail, and it does say that you can use income "provided the requirement was met for at least 6 months up to March 2020".  That would seem to mean income from September to end of February ?  It seems to me that you must show an "annualised" income of at least 18,600 GBP for those 6 months (Sept 2019 - Feb 2020). We have no idea how much you were paid, or what "income" you received in the form of redundancy payments. Alternatively, if you are now employed (and you must be at the date of application), then you can use your income for the 6 months prior to the date of application (probably Jan 2020 - end June 2020 ?). If your annualised income for those 6 months is at least 18,600 GBP, then you would meet the threshold requirement.

 

Alternatively, it doesn't matter if you weren't employed in December, as long as your "annualised" income during the period Sept 2019 - end Feb 2020 meets the 18,600 GBP requirement AND you earned at least 18,600 GBP in the 12 months prior to March 2020. I know it's confusing, but dealing with UKVI has never been simple. To make it really simple, if you are now employed (and have been since December 2019), and your income is more than 1550 GBP a month (basic gross income), then you will probably qualify. But, I would need to see the figures before saying it is okay for sure.

[isnakebite]

Thanks Tony for replying. In response

 

Paragraph 1  - I agree, if they are considering employment income then there is no need for savings.

Paragraph 2 - Apologies, up until September, and then from Dec 23rd till June 12th I was employed and earning over £18,600. June 12th I was made redundant.

Paragraph 3- 12 months prior to March 2020 my annualised income was over £18,600.

 

However, in paragraph 2 you state that I must be employed at the time of application, which obviously I'm not. Therefore I presume her application would be rejected if all other factors remained acceptable and she did apply. Correct?

 

It is confusing. I guess I'm clutching at straws as my wife was set to apply in July 2019 but then the company announced redundancies. There was so much uncertainty and were supposedly no guarantees but some people were more guaranteed than others.

[Tony M]

Okay, sorry, I thought you are still working.  Yes, the application will be refused if you are not employed on the date of application (and employed at 18,600 GBP a year at least). This is the section of the guidance that will apply to you:

 Category B: Less than 6 months with current employer or variable income – person residing in the UK 5.3.1. This category can be used where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under Category A.