hi again, i continue to look for ways my son can apply for a spouse visa to the uk. my son has a good job offer that dosent start till september. currently his wife and 2 children are in england, the children are british citizens so theres no problems there, his wife is on a holiday visa. when the holiday visa finishes in may my son is returning to thailand with her for around 3 months until he starts work in september.

my question is would my son fall under this category or would he have had to be in emplyment in thailand or have been in thailand for a longer period.

4. In respect of a job offer in the UK (for an applicant's partner or parent's partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided: (a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant's partner's return to the UK; or ( enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant's partner's return to the UK.

Hi Karen, He doesn't qualify under this section. He still has to show that his current income is above the 18,600 GBP threshold, for at least the last 6 months ( then annualised to give a gross annual salary). It doesn't matter if it was in the UK or in Thailand, or anywhere else, but he must show at last 6 months employment before the date of application ( as a salaried employee). The section you have quoted applies to sponsors who are employed overseas, and who are returning to the UK to take employment within 3 months.

My advice would be for your son to start wprk immediately ( in a job which will pay him enough to qualify in 6 months). He can then take up the better job offer in September, but will already have qualified (hopefully). Having a 3 month holiday surely can't be as important as getting the spouse visa?

Tony M