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Posted

Hi there

I think I have this clear but I'm just checking. I meet the minimum requirements of 18,600 with 2 jobs. Does it mean that I just have to provide payslips/letters etc for both? Also will immigration be ok with that?

Also they are new jobs will I have to wait 6 months or can i apply sooner if my employer says I have a longer contract?

Posted

It does not specifically say in Annex FM Section FM 1.7: Financial Requirement, but as far as I can ascertain, all income, earned and unearned, can be used to meet the income requirement.

If you were a UK resident before starting these jobs then you fall under Category B: Less than 6 months with current employer or variable income – person residing in the UK.

But if you were resident outside the UK before starting them then you will fall under Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK

You will see that in both cases you must have earned at least the minimum (£18,600 p.a.) in the 12 months prior to the application; either in the UK or overseas, whichever is applicable.

If you haven't, then I'm afraid you will have to wait until you have been in these jobs for at least 6 months and so can use Category A: With current employer for 6 months or more – person residing in the UK

Posted

Even if you do find someone to lend you the money, some points to remember.

Only savings above £16,000 can be used and if relying on savings alone the minimum required is £62,500; though savings above £16,000 and income can be combined to reduce the total amount of savings required (see the table on page 47 of the annex).

Loans cannot be used; the money must be yours and/or your spouse's and have been in your and/or your spouse's ownership and complete control for at least 6 months prior to the application.

Posted

Forgive the intrusion, but this seems like a good place to ask what I think is a related question.

7by7, what would you suggest in a case where a Brit would like to return home and take his long term (8 years) girlfriend and 2 children with him. Getting a job at the appropriate salary shouldn't be a problem, but he hasn't been working for the last few years in Thailand and so he will not meet the last 12 months income requirements and will not be able to use income from any new job for at least 6 months.

Do you think it would be possible for his girlfriend to initially get a 6 month visa to bring his children (who have British passports) to him when he has secured a job etc and then apply for a longer term family visit/settlement visa for his girlfriend when he has the 6 months of employment necessary for that? Or would that be frowned upon or considered an abuse of the process? Would the answer be any different if they were actually married?

I know that there are pretty clear guidelines and I have read everything I can find, but in all of the examples I have seen, I haven't seen anything that would help avoid a 6 month family separation for a returning Brit who has not been working whilst overseas.

Any advice you could give would be very much appreciated even if it is only to confirm that there is no way around the 6 months minimum separation.

Posted

Forgive the intrusion, but this seems like a good place to ask what I think is a related question.

7by7, what would you suggest in a case where a Brit would like to return home and take his long term (8 years) girlfriend and 2 children with him. Getting a job at the appropriate salary shouldn't be a problem, but he hasn't been working for the last few years in Thailand and so he will not meet the last 12 months income requirements and will not be able to use income from any new job for at least 6 months.

Do you think it would be possible for his girlfriend to initially get a 6 month visa to bring his children (who have British passports) to him when he has secured a job etc and then apply for a longer term family visit/settlement visa for his girlfriend when he has the 6 months of employment necessary for that? Or would that be frowned upon or considered an abuse of the process? Would the answer be any different if they were actually married?

I know that there are pretty clear guidelines and I have read everything I can find, but in all of the examples I have seen, I haven't seen anything that would help avoid a 6 month family separation for a returning Brit who has not been working whilst overseas.

Any advice you could give would be very much appreciated even if it is only to confirm that there is no way around the 6 months minimum separation.

In theory, there is nothing wrong with this plan. In fact we have obtained visas for several applicants in similar circumstances. In practice it is a matter of "proving" that the applicant will return to Thailand after her visit to make the settlement application here. This will, of course, depend of the evidence that you can provide, and the case you can make, for your partner to do so. The ECO will be aware that she has two British children, and that she may not want to leave them in the UK to return to Thailand alone ( if they are in school, for instance).

You will no doubt hear that your partner can apply to remain in the UK for settlement when she is there. She can indeed apply, but it would be an application outside of the immigration rules, and nobody can tell you whether such an application will succeed or not. If it fails, then your partner will be required to leave the UK, and to make her new application in Thailand.

Tony M

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