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Congratulations and thanks for coming back to share the outcome. We are all just here sharing our experience and interpretation of the immigration rules/guidance. The benefit of a forum like this one is that multiple opinions can be obtained, even if they are different or conflicting. Where situations, like yours, fall outside the standard ones presented in the guidance it is helpful when the outcome is shared so we can all learn from it.
Thanks all! I appreciate any advice and opinions given for sure. I am hoping that if anyone else is in my position this thread could be of use to themgeoeng wrote: ↑Fri Nov 15, 2019 8:38 amCongratulations and thanks for coming back to share the outcome. We are all just here sharing our experience and interpretation of the immigration rules/guidance. The benefit of a forum like this one is that multiple opinions can be obtained, even if they are different or conflicting. Where situations, like yours, fall outside the standard ones presented in the guidance it is helpful when the outcome is shared so we can all learn from it.
You were told what guidance suggested and the official guideline will still stand correct regardless of whether the visa was approved or not. A lot of times the caseworker miscalculate to even a sufficient income and then refuse the application which seems to have happened reversed in your case where he/she just overlooked the core fact to consider which is to have checked that whether you have a job offer as per the official guidance.
The OP did not require to be in employment/have an offer within 3 months of arrival.seagul wrote: ↑Sun Nov 17, 2019 4:21 pmYou were told what guidance suggested and the official guideline will still stand correct regardless of whether the visa was approved or not. A lot of times the caseworker miscalculate to even a sufficient income and then refuse the application which seems to have happened reversed in your case where he/she just overlooked the core fact to consider which is to have checked that whether you have a job offer as per the official guidance.
I remember (no time to search that post) that you were told that in case of salaried income the lowest wage figure during the last 6 months will be used to calculate the annual wages. And in your case the lowest wage figure was even enough high which can easily meet the financial requirement. Usually most of us only believe on such advice when we have to take it through appointment and by paying heavy fee. And also many members even taking the advice from their solicitors still cross check here from other members.KristianDLloyd wrote: ↑Sun Nov 17, 2019 4:58 pm.
Remember that most of us are not qualified immigration professionals and are providing guidance based on our interpretation of the law and our own experience. I was in a similar situation where incorrect advice was given hereand a qualified Immigration Adviser (a bloody good one at that) contested that. We applied on the IA’s advice and were successful not once, but twice. You just need to balance it out!
KristianDLloyd wrote: ↑Sun Nov 17, 2019 5:05 pmThe OP did not require to be in employment/have an offer within 3 months of arrival.seagul wrote: ↑Sun Nov 17, 2019 4:21 pmYou were told what guidance suggested and the official guideline will still stand correct regardless of whether the visa was approved or not. A lot of times the caseworker miscalculate to even a sufficient income and then refuse the application which seems to have happened reversed in your case where he/she just overlooked the core fact to consider which is to have checked that whether you have a job offer as per the official guidance.
The caseworker did not miscalculate.
The guidance given was incorrect for the OPs situation.
seagul wrote: ↑Sun Oct 13, 2019 6:33 pmI will suggest you to read it from page 24-30 then come back here with question.
https://assets.publishing.service.gov.u ... -ext_1.pdf
Still incorrect. No reference to a 3 month period (prior to being in employment) in section 5.3.seagul wrote: ↑Sun Nov 17, 2019 5:51 pmKristianDLloyd wrote: ↑Sun Nov 17, 2019 5:05 pmThe OP did not require to be in employment/have an offer within 3 months of arrival.seagul wrote: ↑Sun Nov 17, 2019 4:21 pmYou were told what guidance suggested and the official guideline will still stand correct regardless of whether the visa was approved or not. A lot of times the caseworker miscalculate to even a sufficient income and then refuse the application which seems to have happened reversed in your case where he/she just overlooked the core fact to consider which is to have checked that whether you have a job offer as per the official guidance.
The caseworker did not miscalculate.
The guidance given was incorrect for the OPs situation.seagul wrote: ↑Sun Oct 13, 2019 6:33 pmI will suggest you to read it from page 24-30 then come back here with question.
https://assets.publishing.service.gov.u ... -ext_1.pdf
5.4. Category B: Less than 6 months with current employer or
variable income – overseas sponsor returning to the UK
5.4.1. Where the applicant’s partner is returning with the applicant to the UK to work, they do not
have to be in employment at the date of application to rely on Category B. Instead, the
financial requirement must be met and evidenced in two parts in the following way.
5.4.2. First, the applicant’s partner must have a confirmed offer of salaried or non-salaried
employment to return to in the UK (starting within 3 months of their return). This must
have a gross annual starting salary (or in non-salaried employment a gross annual
income from that employment, based on the rate or amount of pay and the standard or
core hours to be worked provided by the employer in evidence) sufficient to meet the
financial requirement, alone or in combination with any or all the sources at section
5.3.6. (Category C: non-employment income, Category D: cash savings and Category E:
pension).
5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months
prior to the date of application the level of income required to meet the financial
requirement, based on:
• The gross amount of salaried or non-salaried employment income overseas of the
applicant’s partner;
• The gross amount of any specified non-employment income received by the
applicant’s partner, the applicant or both jointly, provided they continue to own the
relevant asset (e.g. property, interest from shares) at the date of application; and/or
• The gross amount of any State (UK or foreign), occupational or private pension
received by the applicant’s partner or the applicant.
5.4.4. So, under Category B, the assessment of the financial requirement will be based on both:
(1) The gross annual salary or income of the applicant’s partner’s confirmed offer of
salaried or non-salaried employment in the UK. This source can be combined with
Category C: non-employment income, Category D: cash savings and Category E:
pension; and
(2) The actual amount of gross income received from the applicant’s partner’s salaried
or non-salaried employment overseas in the 12 months prior to the date of
application. This can be combined with the actual gross income the couple received
from Category C: non-employment income and Category E: pension over the same
12-month period. Category D: cash savings cannot be used under (2)
5.3 applies as the OP is in employment (in the UK) on/before the date of employment.seagul wrote: ↑Sun Nov 17, 2019 6:11 pmMaybe after reading it you won't reply because might accept your failure to grasp it but if you still then you can carrying on talking with yourself. Instead 5.3 the 5.4 applies here:
5.4. Category B: Less than 6 months with current employer or
variable income – overseas sponsor returning to the UK
5.4.1. Where the applicant’s partner is returning with the applicant to the UK to work, they do not
have to be in employment at the date of application to rely on Category B. Instead, the
financial requirement must be met and evidenced in two parts in the following way.
5.4.2. First, the applicant’s partner must have a confirmed offer of salaried or non-salaried
employment to return to in the UK (starting within 3 months of their return). This must
have a gross annual starting salary (or in non-salaried employment a gross annual
income from that employment, based on the rate or amount of pay and the standard or
core hours to be worked provided by the employer in evidence) sufficient to meet the
financial requirement, alone or in combination with any or all the sources at section
5.3.6. (Category C: non-employment income, Category D: cash savings and Category E:
pension).
5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months
prior to the date of application the level of income required to meet the financial
requirement, based on:
• The gross amount of salaried or non-salaried employment income overseas of the
applicant’s partner;
• The gross amount of any specified non-employment income received by the
applicant’s partner, the applicant or both jointly, provided they continue to own the
relevant asset (e.g. property, interest from shares) at the date of application; and/or
• The gross amount of any State (UK or foreign), occupational or private pension
received by the applicant’s partner or the applicant.
5.4.4. So, under Category B, the assessment of the financial requirement will be based on both:
(1) The gross annual salary or income of the applicant’s partner’s confirmed offer of
salaried or non-salaried employment in the UK. This source can be combined with
Category C: non-employment income, Category D: cash savings and Category E:
pension; and
(2) The actual amount of gross income received from the applicant’s partner’s salaried
or non-salaried employment overseas in the 12 months prior to the date of
application. This can be combined with the actual gross income the couple received
from Category C: non-employment income and Category E: pension over the same
12-month period. Category D: cash savings cannot be used under (2)
Note: You might think that it will only applies where sponsor is returning with partner but its not because applicant needs the spouse visa to enter.
KristianDLloyd wrote: ↑Sun Nov 17, 2019 7:36 pm5.3 applies as the OP is in employment (in the UK) on/before the date of employment.seagul wrote: ↑Sun Nov 17, 2019 6:11 pmMaybe after reading it you won't reply because might accept your failure to grasp it but if you still then you can carrying on talking with yourself. Instead 5.3 the 5.4 applies here:
5.4. Category B: Less than 6 months with current employer or
variable income – overseas sponsor returning to the UK
5.4.1. Where the applicant’s partner is returning with the applicant to the UK to work, they do not
have to be in employment at the date of application to rely on Category B. Instead, the
financial requirement must be met and evidenced in two parts in the following way.
5.4.2. First, the applicant’s partner must have a confirmed offer of salaried or non-salaried
employment to return to in the UK (starting within 3 months of their return). This must
have a gross annual starting salary (or in non-salaried employment a gross annual
income from that employment, based on the rate or amount of pay and the standard or
core hours to be worked provided by the employer in evidence) sufficient to meet the
financial requirement, alone or in combination with any or all the sources at section
5.3.6. (Category C: non-employment income, Category D: cash savings and Category E:
pension).
5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months
prior to the date of application the level of income required to meet the financial
requirement, based on:
• The gross amount of salaried or non-salaried employment income overseas of the
applicant’s partner;
• The gross amount of any specified non-employment income received by the
applicant’s partner, the applicant or both jointly, provided they continue to own the
relevant asset (e.g. property, interest from shares) at the date of application; and/or
• The gross amount of any State (UK or foreign), occupational or private pension
received by the applicant’s partner or the applicant.
5.4.4. So, under Category B, the assessment of the financial requirement will be based on both:
(1) The gross annual salary or income of the applicant’s partner’s confirmed offer of
salaried or non-salaried employment in the UK. This source can be combined with
Category C: non-employment income, Category D: cash savings and Category E:
pension; and
(2) The actual amount of gross income received from the applicant’s partner’s salaried
or non-salaried employment overseas in the 12 months prior to the date of
application. This can be combined with the actual gross income the couple received
from Category C: non-employment income and Category E: pension over the same
12-month period. Category D: cash savings cannot be used under (2)
Note: You might think that it will only applies where sponsor is returning with partner but its not because applicant needs the spouse visa to enter.
5.4 is for those not in employment (in the UK) on/before the date of application.
So again, you are incorrect.
