ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Family (spouse) visa 6-month requirement

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Post Reply
Longstrides
Newly Registered
Posts: 6
Joined: Sat Mar 30, 2024 3:20 pm

Family (spouse) visa 6-month requirement

Post by Longstrides » Sat Mar 30, 2024 3:34 pm

Hi All,

Long story short, my wife and I have been caught out by the Home Office changing the financial requirements of family visas.

We satisfy all requirements for the family visa, but the new rules come in a matter of days before we would be ready to apply, meaning I will only have 5.6 months of the 6 required enployment months. Once they change, I won't meet the income requirement.

My employer has given me the 6th month early, along with a letter stating as much (along with all the other required info). We tick all the other boxes apart from this 6 month employment box.

What are our chances? Is the Home Office likely to refuse our application for the sake of a few days?

Any insight will be greatly appreciated.

Thanks in advance.

User avatar
Frontier Mole
Respected Guru
Posts: 4327
Joined: Mon May 05, 2008 11:03 pm

Re: Family (spouse) visa 6-month requirement

Post by Frontier Mole » Sun Mar 31, 2024 12:58 am

The Home Office are almost certainly going to refuse the application. One day short is the same as a 100 days to the Home Office.

User avatar
Frontier Mole
Respected Guru
Posts: 4327
Joined: Mon May 05, 2008 11:03 pm

Re: Family (spouse) visa 6-month requirement

Post by Frontier Mole » Sun Mar 31, 2024 7:45 am

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for at least 6 months prior to the date of application, they can count their gross annual salary towards the financial requirement. In doing so they must have been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in the application.

vinny
Moderator
Posts: 32779
Joined: Tue Sep 25, 2007 7:58 pm

Re: Family (spouse) visa 6-month requirement

Post by vinny » Sun Mar 31, 2024 8:04 am

Were you also employed with a different employer within the last 12 months?

Do you have savings?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Longstrides
Newly Registered
Posts: 6
Joined: Sat Mar 30, 2024 3:20 pm

Re: Family (spouse) visa 6-month requirement

Post by Longstrides » Sun Mar 31, 2024 10:47 pm

Frontier Mole wrote:
Sun Mar 31, 2024 12:58 am
The Home Office are almost certainly going to refuse the application. One day short is the same as a 100 days to the Home Office.
Thank you for your reply and feedback.

Longstrides
Newly Registered
Posts: 6
Joined: Sat Mar 30, 2024 3:20 pm

Re: Family (spouse) visa 6-month requirement

Post by Longstrides » Sun Mar 31, 2024 10:48 pm

vinny wrote:
Sun Mar 31, 2024 8:04 am
Were you also employed with a different employer within the last 12 months?

Do you have savings?
My wife and I were running a business abroad. We do not have savings in the UK.

Longstrides
Newly Registered
Posts: 6
Joined: Sat Mar 30, 2024 3:20 pm

Re: Family (spouse) visa 6-month requirement

Post by Longstrides » Sun Mar 31, 2024 10:58 pm

We returned to the UK in September. I started work for this company in October. They announced the new rules in December. The new rules come into force in April.

It seems odd to me that they're changing rules that carry a 6-month requirement in only 4 months. It feels like a shell game. Now you see it, now you don't. Nobody has time to adjust. I suspecr that was the idea.

User avatar
Frontier Mole
Respected Guru
Posts: 4327
Joined: Mon May 05, 2008 11:03 pm

Re: Family (spouse) visa 6-month requirement

Post by Frontier Mole » Mon Apr 01, 2024 2:15 pm

When you say “we” returned in September I am a bit confused. Is your wife with you now?
If so under what immigration route / visa?

Longstrides
Newly Registered
Posts: 6
Joined: Sat Mar 30, 2024 3:20 pm

Re: Family (spouse) visa 6-month requirement

Post by Longstrides » Tue Apr 02, 2024 7:54 pm

Frontier Mole wrote:
Mon Apr 01, 2024 2:15 pm
When you say “we” returned in September I am a bit confused. Is your wife with you now?
If so under what immigration route / visa?
We returned together with her coming on a 6-month tourist visa. That expired in Feb so she left the UK. I do not believe we can apply for this with her in the country. She is currently working abroad.

User avatar
Frontier Mole
Respected Guru
Posts: 4327
Joined: Mon May 05, 2008 11:03 pm

Re: Family (spouse) visa 6-month requirement

Post by Frontier Mole » Tue Apr 02, 2024 8:31 pm

There is not a simple answer to your situation. Have you already applied for the spouse visa? If so it is fingers crossed and wait. There is a massive surge of applications in recent months since the announcement so it is likely to be a longer turnaround time.
Is your wife in her home country? Or a country where she has a right to remain on a long term basis?

Longstrides
Newly Registered
Posts: 6
Joined: Sat Mar 30, 2024 3:20 pm

Re: Family (spouse) visa 6-month requirement

Post by Longstrides » Tue Apr 02, 2024 11:20 pm

Frontier Mole wrote:
Tue Apr 02, 2024 8:31 pm
There is not a simple answer to your situation. Have you already applied for the spouse visa? If so it is fingers crossed and wait. There is a massive surge of applications in recent months since the announcement so it is likely to be a longer turnaround time.
Is your wife in her home country? Or a country where she has a right to remain on a long term basis?
We have not yet submitted our application. We have been looking into our options.

She is not currently in her home country. She does not currently have a long-term visa as she only intended to be there for a short time. Do you think that will make a difference? We plan to pay extra for a faster decision due to her only having a short term visa.

AmazonianX
Respected Guru
Posts: 7437
Joined: Tue Jun 11, 2019 1:09 pm

Re: Family (spouse) visa 6-month requirement

Post by AmazonianX » Wed Apr 03, 2024 6:22 am

Longstrides wrote:
Tue Apr 02, 2024 11:20 pm
Frontier Mole wrote:
Tue Apr 02, 2024 8:31 pm
There is not a simple answer to your situation. Have you already applied for the spouse visa? If so it is fingers crossed and wait. There is a massive surge of applications in recent months since the announcement so it is likely to be a longer turnaround time.
Is your wife in her home country? Or a country where she has a right to remain on a long term basis?
We have not yet submitted our application. We have been looking into our options.

She is not currently in her home country. She does not currently have a long-term visa as she only intended to be there for a short time. Do you think that will make a difference? We plan to pay extra for a faster decision due to her only having a short term visa.
Though reported on here that application not in consonance with what I wrote below can be made but cannot find the posts

Usually, such an application is to be made in
1. Home country where applicant is a citizen of
2. A country in which they have long term visa not as a visitor

User avatar
Frontier Mole
Respected Guru
Posts: 4327
Joined: Mon May 05, 2008 11:03 pm

Re: Family (spouse) visa 6-month requirement

Post by Frontier Mole » Wed Apr 03, 2024 7:44 am

An application for a spouse visa would have to be made from her country of origin or a country where the individual has a form of long term residency.
Although an online application you have to state what country the application is to be processed in. In other words where will the documents be presented and biometrics given.

Post Reply
cron