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Question regarding the sponsor having to be in work in the UK


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I know this has probably been covered many times on here before, but I understand that in 2012 there was a new law passed where the sponsor (me) needs to have a job in the UK to show that you can support your family before there is any chance of your spouse getting her visa. In my case with a wife and 2 kids I believe the salary needs to be at least GBP 24,800.00 per annum.

 

My question is do you HAVE to be in a job with at least this salary or would they also accept showing a lump sum as prove that you can support your family before finding a job? If yes, how much do you need to show? Or, if no, how long would one have to be in said job for before they are satisfied that you are back on your feet and can support your family (even if you have a lump sum in the bank anyway) ? 

 

I'm only in the very early stages of possibly going back and wouldn't be for at least another 2 years, if at all, but this is an area of concern to me as I wouldn't really want to be apart from them for too long.

 

Thanks for any help and apologies if this area has been talked to death already.

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You can meet the requirement ( 24,800 GBP) through income or savings, or a combination of both.  But you cannot combine savings with income from self-employment.

 

If you want to meet the requirement through savings alone, then  with a wife and two children you will need 78,000 GBP in savings.

 

If you are going back to the UK to find, or start, employment, then basically you will not be able to meet the requirements until you have worked for a minimum of 6 months, with a proven salary, and that salary must "annualise"  at ( show to be a gross income over a projected 12 months) at least 18,600 GBP ( or less, if you have some savings to meeting the requirement with a combination of income and savings).

 

Tony M

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You can meet the requirement ( 24,800 GBP) through income or savings, or a combination of both.  But you cannot combine savings with income from self-employment.

 

If you want to meet the requirement through savings alone, then  with a wife and two children you will need 78,000 GBP in savings.

 

If you are going back to the UK to find, or start, employment, then basically you will not be able to meet the requirements until you have worked for a minimum of 6 months, with a proven salary, and that salary must "annualise"  at ( show to be a gross income over a projected 12 months) at least 18,600 GBP ( or less, if you have some savings to meeting the requirement with a combination of income and savings).

 

Tony M

 

Ok, thanks Tony. But if the children are British would one still need to show the additional 16k?

 

Also, assuming all goes well after the first 30 months, at the point of renewal, would it only be at that point and not before, that one would need to show the same financial requirement again, and would that have to be in place at least 6 months prior, ie after 24 months?

 

Thanks.

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The base figure is £18,600 for the spouse/partner, there is an additional requirement of £3,800 for each child seeking settlement, so in your case that would be £26,200.

 

If the children are British Citizens they have a right to live in the UK so don't need a Settlement Visa and don't come into the equation and the figure remains at £18,600, if one of the children is a UK Citizen and the other not, then you would need £3,600 on top of the spouse financial requirement, so £22,400.

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The base figure is £18,600 for the spouse/partner, there is an additional requirement of £3,800 for each child seeking settlement, so in your case that would be £26,200.

 

If the children are British Citizens they have a right to live in the UK so don't need a Settlement Visa and don't come into the equation and the figure remains at £18,600, if one of the children is a UK Citizen and the other not, then you would need £3,600 on top of the spouse financial requirement, so £22,400.

 

Ok thanks. Can't you get a job as a road sweeper for GBP 18,600.00? Not sure how a family of 4 or even 2  can live on that after tax his day and age? Ironically, I have seen some complain that it's too high a figure!

 

At what point would you have to stop showing these requirements, is it after 5 years when you apply for the ILR? Are you in the clear after that. Also, if she was granted with ILR after 5 years does she then become a UK citizen and can apply for a passport or does that come later?

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As Pattaya Pat hasn't actually said what the nationality of the children is, what would the position be if they were German?

 

The financial requirements apply only to non-EEA national partners and dependants, so German nationals do not have to meet the requirement.

 

Tony M

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