If I lose/leave my Job

Hi members,
I have PR of UK. To sponsor my wife and a child (1 year old) from non-EEA/EU country, I have to show minimum about £23K per year, and need to show to home office for at least 6 months salary slips.
I’m working for 9 months. So just in case, if I leave/lose my job for some period of time. Then how long (how many weeks to months) I can live without work , without affecting this continuity of work with required salary/income. The question is bit technical, but I really need to know the answer.

thanks in adavance for help.

Member99 wrote:Hi members,
I have PR of UK. To sponsor my wife and a child (1 year old) from non-EEA/EU country, I have to show minimum about £23K per year, and need to show to home office for at least 6 months salary slips.
I’m working for 9 months. So just in case, if I leave/lose my job for some period of time. Then how long (how many weeks to months) I can live without work , without affecting this continuity of work with required salary/income. The question is bit technical, but I really need to know the answer.

thanks in adavance for help.

Well you need to pass the same financial tests again in 30 months time, so I guess the answer is 24 months.....

dear Wanderer , I did not get your mean. What kind of test? is it any test? Could you please explain me a bit. It will be big help. Because I just felt little bit by your words that I'm safe. Could you please explain me little bit more.

For the initial visa for your family you have to meet the financial requirement of £22,400. When they apply for their extension after 2.5 years, you have to meet the same requirement again and then again when they apply for indefinite leave to remain. So long periods of unemployment will not be good.

However, if your spouse works in the UK, combine income can be used to meet the requirement at the point of extension and indefinite leave to remain.

You say that you have PR. Under what route have you obtained PR as this is the term used for EU route. ILR is the term used for UK immigration route.

Question 1) I got PR/EEA4. Does this many any difference?
Question 2) I read you answer, but again I did not get the point Sir. For example, I leave/lose this job. Go back to my home country for 3 to 4 months. Then I come back. Then again I get £23000K job per year. Then for how many months i will have to work that my wife and a child can apply the satelment visa for 2.5 years.
I hope this time i made my question more easy.

thanks for your help by the way.

If you are permanently resident in the UK under EEA Regulations you don't have to show minimum earnings of £22,400. You should be applying for a EEA Family Permit for your wife and child, not visas under UK rules.

really? I read this thing first time, what you said. Any any any source, if you can show me please, to read this law in detail myself?

Casa wrote:If you are permanently resident in the UK under EEA Regulations you don't have to show minimum earnings of £22,400. You should be applying for a EEA Family Permit for your wife and child, not visas under UK rules.

Casa, would having PR status in the UK not imply that OP is now settled, therefore financial requirement is relevant under UK rules?

Also, if OP is an EU citizen, surely the child can apply for the same EU citizenship?

is it possible to get any source to read this thing in more detail, as I got PR through EEA4. Does this thing make any difference?

Any source? Any more information? Please

Have read through of the application form
https://www.gov.uk/family-permit/overview

I believe that although PR has been obtained the right to follow the EEA route (with no financial conditions) remains. In fact I don't believe that there is an option to switch to the UK rules and apply for a spouse visa.

There is nothing written anything about EEA4(PR) holder can bring their wife under European Law. I'm not European I'm an Non-EEA/EU. just got my PR under european route. Can I bring my family under European Law? can she get EEA2 resident card? I got confused guys.

Also you guys said, that Income condition does not apply on me to bring my family in UK. I'm totally lost. I have not read this thing befor. And the source you give me is also not very clear about my type of situation. I need your helps dear members.

@ Casa - Yes, that is what I understood too. I might be getting confused with the non-EU Retaining Rights of Residence following divorce and wanting to sponsor a non EU spouse pre and post PR.

If you are not an EU citizen, how did you obtain PR? Was it following divorce and retained rights of residence?

If so, you cannot sponsor your wife and child under the EU route as you are not an EU citizen and will have to apply under the UK immigration route and meet the financial requirement of £22,400pa.

So there is no any difference coming through EEA route. So I come back to my main question now again.
For example, I leave/lose this job of £23K per year, which I'm doing for 9 months. if I lose/leave this job and Go back to my home country for 3 to 4 months. Then I come back. Then again I get £23000K job per year. Then for how many months i will have to work that my wife and a child can apply the satelment visa for 2.5 years.

You will have to work for at least 6 months if you leave and come back to work before you can sponsor your family. It would be better if you stayed in your job to bring your family sooner.

The problem is my saving or money. I have to have £950 for each family memeber, will be £1900 (wife and child), plus £1200 for medical contibution (NHS). Need to pay total £3100 in advance to apply for their visas. Which is sucks because of new rules. So i'm thinking to go back to my family myself back home for couple of months (3 to 4 months), instead to keep working and saving the money.

That's why i'm asking, that do i have to come back and need to work again 6 months to apply for their visas? Will the effect of these 9 months of job will be finished after 3 or 4 months of break?

very technical question.

Yes the break with no employment will mean you'll have to start again and be earning for 6 months before submitting the application.

£3100 is a big amount. If British embassy don't give them the visa, and find some reason or mistake in application. Then will I lose that £3100? Or can I fix that mistake and reapply on same fee?

You'll lose the application fee unless you can prove that the Entry Clearance Officer (ECO) made an error in refusing the visas. If the error is yours, you would have to reapply and pay the fee again.
The main points to focus on are:
Evidence of income and employment
Adequate accommodation available for your family on arrival
Proof of a genuine relationship
Certificate showing that your wife has passed the A1 level English test
Payment of NHS surcharge

can you/somebody provide me a guide for "Adequate accommodation available for your family on arrival" ?? We will be three in total who will live together, Me+my wife+1 year old child.

Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:
If Number of rooms = 1
Number of people allowed = 2

As your child (1-10years) will be counted as half a person you will need 2 rooms available for your exclusive use, but one of these can be a living room. The K i t c h e n and bathroom aren't counted as rooms.

Is one bedroom flat is enough in my case? Can I apply while I'm living in sharing house? It is 2 bedroom flat. One couple is already living with their 8 years old child.

Also, can somebody tell me, that for how long my wife and child (who will come in UK on settlement visas) can live outside of UK, during their probationary period of 5 years, to get the PR. Without facing any problem to apply for PR after 5 years.

Member99 wrote:Is one bedroom flat is enough in my case? Can I apply while I'm living in sharing house? It is 2 bedroom flat. One couple is already living with their 8 years old child.

Shared accommodation would not be suitable for a couple and a child, particularly if it is only a 2 bed property. You would need a 1 bedroom flat on your own.

Also, can somebody tell me, that for how long my wife and child (who will come in UK on settlement visas) can live outside of UK, during their probationary period of 5 years, to get the PR. Without facing any problem to apply for PR after 5 years.

The purpose of the spouse visa is to live in the UK and not use it as a visit visa while they live somewhere else. If they are outside the UK more than they live inside the UK, they will not qualify for PR after 5 years. It seems a lot of money to spend if they don't intend on living in the UK.

Yes, I can understand this point Sir. But I still would like to know the number of weeks or months, they (my wife and child) can live outside of UK, without facing any problem in their application for PR.