Ukba Spouse Visa System Dicrepency

[AngryParent]

For spouse visa applications where the husband and wife have been living abroad and they want to return to the UK:

• According to this document - one MUST have a job in the UK (or a contract to start in the next 3 months) and a salary of at least 18,600 (Pounds) for the new job and for a minimum of 6 months before (e.g. current job abroad at the same salary) ones spouse can apply. http://www.ukba.home...soi-fam-mig.pdf
  

But here: http://www.ukba.home...ts/maintenance/ it mentions Sufficient prospects of employment for one or both parties

So which is correct? Can one apply based on potential or not?

Edited July 9, 2012 by AngryParent

[bobrussell]

The maintenance rules on the second link are based on the old rules. If you click on the maintenance required link it talks about a 24 month probationary period.

The UKBA website is rarely that up to date - they seem quick to add links and slower to rewrite the older sections. This is one reason why you can end up going round in circles but not quite ending back where you started!

The new rules are very clear and written with little room for leeway.

My suspicion is that there will be legal challenges and this inflexibility will be the downfall. I accept that an applicant needs to have enough to live on and there is no place for the tax payer to provide support during a probationary period.

There are however differences between income requirements between couples and at most the applicant should be able to demonstrate that income meets or exceeds financial requirements. Tighter requirements? Fine. More evidence? Yes!

Truly inflexible one size fits all is likely to be challenged.

Edited July 9, 2012 by bobrussell

[VisasPlus]

The maintenance rules on the second link are based on the old rules. If you click on the maintenance required link it talks about a 24 month probationary period.

The UKBA website is rarely that up to date - they seem quick to add links and slower to rewrite the older sections. This is one reason why you can end up going round in circles but not quite ending back where you started!

The new rules are very clear and written with little room for leeway.

My suspicion is that there will be legal challenges and this inflexibility will be the downfall. I accept that an applicant needs to have enough to live on and there is no place for the tax payer to provide support during a probationary period.

There are however differences between income requirements between couples and at most the applicant should be able to demonstrate that income meets or exceeds financial requirements. Tighter requirements? Fine. More evidence? Yes!

Truly inflexible one size fits all is likely to be challenged.

These will also be the requirements if the sponsor is exempt from the new financial requirements ( for instance, receiving allowable benefits), and if the applicant is a child joining a sponsoring parent who has ILR ( as I understand it ?).