seagul wrote: ↑Tue Oct 15, 2019 9:13 pm
Same repeated answer that if you hadnt got job offer which was started within 3 months then your overseas income cannot be considered.For qualifying under category A or B your 6 months or 12 months of income respectively must have been earned from UK employer.
Just trying to understand what we're missing: where exactly does it say this? Following along Appendix FM-SE for a situation where the applicant's partner is employed and residing in the UK:
"Calculating Gross Annual Income under Appendix FM
13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i)
The gross annual salary from employment as it was at the date of application;
. . . .
15. In respect of paragraph 13(b) and paragraph 13(d), the provisions in this paragraph also apply:
(a) In order to evidence the level of gross annual income required by Appendix FM, the person must meet the requirements in paragraph 13(b) or paragraph 13(d)(i); and
(b) The person must also meet the level of gross annual income required by Appendix FM on the basis that their income is the total of:
(i) The gross income from salaried employment in the UK
or overseas earned by the person in the 12 months prior to the date of application;"
Where paragraph 13(d(i) states (the basis of using income for a confirmed job offer):
"(d) Where the person is the applicant’s partner, has been in salaried employment outside of the UK within 12 months of the date of application,
and is returning to the UK to take up salaried employment in the UK starting within 3 months of their return, the person’s gross annual income will be calculated:
(i) On the basis set out in paragraph 13(a) but substituting for the gross annual salary at paragraph 13(a)(i) the gross annual salary in the salaried employment in the UK to which they are returning; and also
(ii) On the basis set out in paragraph 15(b)."
This section does not apply as the applicant's partner is not returning to the UK to take up salaried employment in the UK starting within 3 months of their return as the applicant's partner has been in the UK for 7 months, starting employment 5 months after their return.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.
