Uk Settlement Visa/ Sponsor Working Overseas

[blue72]

5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK

5.2.1. Where the applicant‟s partner is returning with the applicant to the UK to work, they must meet two requirements to rely on Category 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 5.1.4. 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.

As with employment in the UK, gross income from non-salaried employment held throughout the 6 month period will be calculated on the basis set out in section 5.1.3.).

*Second, the applicant‟s partner must also have a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary (or gross non-salaried income as calculated as an annualized average on the basis of the evidence provided by the employer) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.1.4. (Category C: non-employment income, Category D: cash savings and Category E: pension).

5.2.2. Where the applicant‟s partner is returning with the applicant to the UK to salaried or non-salaried employment, and is in self-employment outside the UK, they must meet the first requirement in section 5.2.1. through their self-employment income (see section 9 of this guidance for how this income is calculated). The second requirement, regarding a confirmed job offer in the UK, must be met on the basis set out in section 5.2.1.

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Hi to all,

I have a question about the category A. 5.2.1 (second requirement).

I worked in oil and gas industry (overseas) 28 days on 28 days off. I have been working with my employer for 5 years now and still employed. I don't have confirmed job in UK as I am still employed (current employer) when I return to UK with the family (wife, 2 children both British Citizens). I trust that I meet the financial requirement and been married for 16 years.

My question is will this be a reason for the ECO to refuse my wife's settlement visa application? Any advice or opinion will be greatly appreciated. Thank you.

[ThaiVisaExpress]

It's a good question. The immigration rules state :

In addition, the requirements of paragraph 15 must be met.

© Where the person is the applicant's partner, is in salaried employment outside of the UK at the date of application, has been employed by their current employer for at least 6

months, and is returning to the UK to take up salaried employment in the UK starting within 3 months of their return, the person's gross annual income will be calculated:

(i) On the basis set out in paragraph 13(a); and also

(ii) On that basis but substituting for the gross annual salary at paragraph 13(a)(i) the gross annual salary in the salaried employment in the UK to which they are returning.

The wording "and is returning to the UK to take up salaried employment in the UK" looks to be the deciding factor. How the ECO will look on you returning to the UK to take up employment outside the UK

( or rather to continue employment outside the UK ), I don't know. I think it could be argued a couple of different ways. If you claim that you are returning to the UK to continue the same employment, then you are in fact

saying that you are employed in the UK now, I think ? Does that make sense ? I think I could argue it both ways, but it might depend on where your employer is based. If it is a UK based company, then you might be okay.

In addition, the ECO might be able to argue that you are not settled in the UK if you currently have non-resident status. Although not legally required to do so, you might be asked to

explain your tax status.

[blue72]

Thanks Thai Visa Express. I can understand the ECO has point/s to argue.

In the Appendix 2 the only method that is suitable for me tick to meet the financial requirement is from overseas income on non salaried employment Category A ( which states the second requirement needs to meet too, confirm job in UK ) But in my situation I cannot meet because I am still employed to my current employer and the contract/job is still on going. (overseas)

Anyway, I have looked further to this matter.

ANNEX FM SECTION FM 1.7 Financial Requirement (April 2013) states:

5.5 Salaried and Non salaried employment-general requirements

5.5.4 Where the applicant's partner (and /or the applicant if they are in the UK with the permission to work) is in salaried or non salaried-employment, this may include work overseas, subject to the couple meeting the requirement that they intend to live together permanently in the UK.

5.5.5 Where the applicant's partner is working overseas and transfers with the same employer to a job in UK, that employment maybe used to meet both the overseas employment income and the confirmed job offer in the UK under Category A and Category B

From my understanding seems section 5.5.4 suits my situation. Or maybe not? Please correct me if I'm wrong or misinterpret it. We intend to live in the UK permanently as our two children will be going to school there. My first child needs to prepare for his GSCE's. We have house to move into as I still own it. I have been married for 16 years. For good reason, I will be away from my family for 28 days(work) but will be back for 28 days(off work/ R and R)...

Anyone have similar situation or any opinion, comment/s, please jump in.

Thank you.

[ThaiVisaExpress]

I think it comes down to interpretation again. How will the ECO interpret "and transfers with the same employer to a job in UK". Will he regard you as having a " job in the UK" ?

It's a question that you could put to UKBA before applying and losing your application fee, and they should give you a definitive response. It may take a month for them to

respond, though. If you need any help with that, we could possibly assist with that contact. You can contact Paul at the office ( click on the Thai Visa Express avatar on the left

for contact details).

Tony M

[blue72]

My query refers to section 5.5.4. I am not sure if I am interpreting it right.

It states:

SEC. 5.5.4 : "Where the applicant's partner (and/or the applicant if they are in the UK with the permission to work) this may include work overseas, subject to the couple meeting the requirement that they intend to live together permanently in the UK"

In my own interpretation it seems I can continue working/ or can work overseas as long as we meet the requirement " intend to live together permanently in the UK. ( not sure if I interpreted it right )

I still have job to go to (only it's overseas) when we settle in UK. It means I don't need to rely on any public funds as I can support my family. Met the financial requirement, has accommodation and also can prove the intention of living together permanently together in the U.K., reasons were mentioned on my last reply.

And yet again, still in doubt what will be the outcome of my wife's application due to my complicated situation. It's so stressful to think that I can support my family to live in UK but I cannot bring my wife because of my situation.

Before I will apply for my wife's visa it would be nice to have clearer view about this.

Thanks a lot for you help, Tony M. Greatly appreciated mate..

[chrisoary]

I am very interested to see how this thread progress's.

I am in an almost identical situation, I am currently non resident living in thailand and employed in the offshore industry by a singapore based company. We plan to move back to the UK for my eldest boys schooling next year.

Let us know how you get on blue72.

Good luck

Chris

[Tony M]

My query refers to section 5.5.4. I am not sure if I am interpreting it right.

It states:

SEC. 5.5.4 : "Where the applicant's partner (and/or the applicant if they are in the UK with the permission to work) this may include work overseas, subject to the couple meeting the requirement that they intend to live together permanently in the UK"

In my own interpretation it seems I can continue working/ or can work overseas as long as we meet the requirement " intend to live together permanently in the UK. ( not sure if I interpreted it right )

I still have job to go to (only it's overseas) when we settle in UK. It means I don't need to rely on any public funds as I can support my family. Met the financial requirement, has accommodation and also can prove the intention of living together permanently together in the U.K., reasons were mentioned on my last reply.

And yet again, still in doubt what will be the outcome of my wife's application due to my complicated situation. It's so stressful to think that I can support my family to live in UK but I cannot bring my wife because of my situation.

Before I will apply for my wife's visa it would be nice to have clearer view about this.

Thanks a lot for you help, Tony M. Greatly appreciated mate..

I understand, and agree with what you say. I was looking at :

5.5.5 Where the applicant's partner is working overseas and transfers with the same employer to a job in UK, that employment may be used to meet both the overseas

employment income and the confirmed job offer in the UK under Category A and Category B

It does say "to a job in the UK,..........................". I'm wondering how that will be interpreted by the ECO, and I think that is where you need a definitive answer.

[blue72]

Tony M, I agree with you I need a definitive answer. Thanks mate.

Chris, will keep you in the loop mate. Cheers.