UK settlement visa - Combining savings with UK job offer

[Barnet]

Good morning,

Can anyone give me some assistance on how I could use my savings figure with a job offer from the UK to get my wife a settlement visa please?

I have a good amount in the bank (50K) but it isn't 62.5k. I've been working in Thailand so I can't show the 18.5k salary requirement.

I have been advised that I can use my savings amount and a job offer from the UK together to satisfy the requirements.

If so, has anyone had any success with this route or know how strict the guidelines are? I will be working in the UK upon return with a friend who has a building and maintenance company. I can easily get him to put in writing the job offer, contract and prospective salary if that's what is needed.

Thanks in advance.

[ThaiVisaExpress]

I'm not sure where you got your previous advice, but I think the short answer is "no". It is a two-part requirement for those returning to the UK to work, and you cannot use savings and a job offer alone to meet the requirement, as you must also show that you met the financial requirement, from income, in the 12 months prior to the date of application. Nor can you just combine savings and overseas earnings to meet the overseas financial requirement.

Tony M

[rixalex]

I have been advised that I can use my savings amount and a job offer from the UK together to satisfy the requirements.

By whom?

[Barnet]

As per this URL. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300962/Appendix_FM_SE.pdf

This is what I found. By the sounds of your replies it suggests I've got it mixed up. Does this apply only for the salary requirements therefore, regardless of my savings?

I'm just looking for some assistance as to what all of this means or what my options are. I'm short of the 62.5k and not earning a UK salary. To me this seemed like a viable route but if it's not please let me know my other option if any. Thanks again.

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

[ThaiVisaExpress]

I think you should actually be looking at this :

5.4.1. Where the applicant‟s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in two parts in the following way.

5.4.2. First, the applicant‟s partner must have a confirmed offer of salaried or non-salaried employment to return to in the UK (starting within 3 months of their return). This must have a gross annual starting salary (or in non-salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.3.6. (Category C: non-employment income, Category D: cash savings and Category E: pension).

5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:

 The gross amount of salaried or non-salaried employment income overseas of the applicant‟s partner;

 The gross amount of any specified non-employment income received by the applicant‟s partner, the applicant or both jointly, provided they continue to own the relevant asset (e.g. property, interest from shares) at the date of application; and/or

 The gross amount of any State (UK or foreign) or private pension received by the applicant‟s partner or the applicant.

5.4.4. So, under Category B, the assessment of the financial requirement will be based on:

(1) The gross annual salary or income of the applicant‟s partner‟s confirmed offer of salaried or non-salaried employment in the UK. This source can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension; and

(2) The actual amount of gross income received from the applicant‟s partner‟s salaried or non-salaried employment overseas in the 12 months prior to the date of application. This can be combined with the actual gross income the couple received from Category C: non-employment income and Category E: pension over the same 12-month period. Category D: cash savings cannot be used under (2).

Tony M

[Barnet]

Thanks Tony. I'm trying to work this out but it's somewhat confusing. I've been working here for the past 12 months but the annual income would be around 14-15k. I can show that my savings have been there or thereabouts for that time also, around 50k. I can also provide a job offer from the UK staring as soon as I get back.

Would this be insufficient therefore?

What would be your advice on how to proceed? A tourist visa to give myself the time to show 6 months of UK salary combined with my savings whilst my wife is with me then go for the settlement?

Many thanks again.

[ThaiVisaExpress]

Thanks Tony. I'm trying to work this out but it's somewhat confusing. I've been working here for the past 12 months but the annual income would be around 14-15k. I can show that my savings have been there or thereabouts for that time also, around 50k. I can also provide a job offer from the UK staring as soon as I get back.

Would this be insufficient therefore?

What would be your advice on how to proceed? A tourist visa to give myself the time to show 6 months of UK salary combined with my savings whilst my wife is with me then go for the settlement?

Many thanks again.

From the guidance above ( section 5.4.4), it looks like you don't qualify.

It's not right to advise you on how to proceed ( that is, whether you should go back to UK alone, or try for a visit visa for your wife). That must be your decision, of course, and may well depend on your personal circumstances.

You can try for a visit visa, and, all things being equal, it might/should be issued. But, there are no guarantees, of course, as the ECO could take the view that you are seeking a visit visa in order to bypass the settlement requirements. You will need to submit a good quality application.

Tony M

[Barnet]

Appreciate the help Tony.

At this stage I am thinking of the tourist visa. We got one before we were married.

The fact that I can rule the settlement visa out for the time being at least gives me some clear space to plan things.

Many thanks.

[chiang mai]

Perhaps I can ask, for the benefit of the rest of us, what are the financial income/savings requirements for those UK citizens wishing to obtain a settlement visa for their spouse?

[7by7]

Click on:

Immigration Directorate Instructions
Family Members under Appendix FM and Appendix Armed Forces of the Immigration Rules
Annex FM Section FM 1.7: Financial Requirement

If contemplating applying, you may find UK settlement visa basics helpful.

Edited June 8, 2014 by 7by7

[chiang mai]

Many thanks

[bobrussell]

At the moment applications that fail only on the grounds of the financial requirements are going on hold, pending a decision as to the legality of these rules. Not sure of the timing of the next stage going through the courts.

It is quite possible that a degree of flexibility may be introduced to make the present system a little more fair. Of course no certainly where this will all land up!