Spouse Visa Extension - Spouse unemployed/financial requirement/language test

danafz wrote: ↑

Wed May 13, 2020 6:09 pm

I have a query relating to a Spouse visa extension and the financial requirement.

The Applicant is on the 5-year route to settlement. She is currently in the process of preparing her first extension application after an initial period of 30 months in the UK. Her leave expires at the end of May 2020.

The Applicant's spouse has consistently earned in excess of the minimum income requirement throughout the visa. However, the spouse was in the process of starting a new job in April 2020 and had already handed his notice in with his previous employers prior to the COVID-19 lockdown.

As a result of the lockdown, the prospective new employer has currently held off of formally confirming the start of the spouse's new employment. He has already received his final pay from the previous employers at the end of April 2020.

The Spouse has already earned in excess of the minimum income requirement, approximately £31,000 (gross annual salary). However, technically he is currently unemployed having not commenced his new job officially.

When submitting the application in May 2020, would the spouse's confirm that he is working in the UK as he was working as of the last pay and the last pay slip will be within the last 28 days of online submission.

Also, will the financial requirement be met if the Sponsor has earnt in excess of the minimum income requirement in the last 12 months but is currently unemployed given the situation?

Also, a final point regarding the English language test (A2), the test centres have currently postponed all tests. Am I right in thinking that the Applicant would select the option to confirm she has not completed and provide proof of booking and email confirmation that the test centre is currently not operating. Would the Applicant need to request additional time to sit the test/exceptional circumstances?

I would be grateful for your input.

danafz wrote: ↑

Wed May 13, 2020 8:53 pm

No, the other partner (Applicant) is not working.

Surprisingly the spouse managed to get a letter from the previous employer prior to leaving which confirmed:

- Position
- Start date
- Permanent employment
- Gross annual salary (in excess of minimum income requirement)

This letter is dated 30th March 2020. Will there be an issue given that is dated more than 28 days prior to visa expiry?

Main questions/queries being:
- Is this treated as meeting the income requirement if earnings are in excess of £30,000 (last 12 months prior to submission) but at the time of submission the Sponsor is unemployed. (employment letter obtained as above but more than 28 days old from submission date)
- On the application form will the employment status need to be inserted as 'employed' still to allow entry of income that has been earned in the last 12 months?

Thank you for link regarding the language test.

danafz wrote: ↑

Wed May 13, 2020 8:53 pm

Main questions/queries being:
- Is this treated as meeting the income requirement if earnings are in excess of £30,000 (last 12 months prior to submission) but at the time of submission the Sponsor is unemployed. (employment letter obtained as above but more than 28 days old from submission date)
- On the application form will the employment status need to be inserted as 'employed' still to allow entry of income that has been earned in the last 12 months?

1. (c) The employment or self employment income of an applicant will be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account . . .

13. (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;

geoeng wrote: ↑

Thu May 14, 2020 9:04 am

; however, I am not aware of any formal guidance that would suggest any change in the rules for the circumstances you mentioned where neither the applicant nor their spouse are employed at the date of application yet seek to rely on employment income to meet the financial requirement.

geoeng wrote: ↑

Thu May 14, 2020 9:04 am

Another option to consider would be for the applicant's spouse to go back to their former employer and ask for a really big favour in seeking a temporary position to remain in employment (or realistically any employer that may be able to provide a position with earnings that meet the financial requirement until the arranged new employment can commence). Or go to the new employer, explain the situation and see if they can offer any assistance in starting a position sooner.

seagul wrote: ↑

Thu May 14, 2020 3:32 pm

If a job has been offered and the contract has been signed then it wouldn't be considered as prospective rather current regardless of whether the person has physically started it yet. As long as the contract confirms the sufficient income one the date of application it should meet the purpose under category B.

5.3.7. The only difference in Category B between salaried and non-salaried employment is how
gross annual salary or employment income at the date of application is calculated:
Where the person is in salaried employment – the level of gross annual salary will be
as at the date of application. This must be evidenced by the latest payslip or the signed
contract of employment (if a payslip does not provide this information).

geoeng wrote: ↑

Mon May 18, 2020 8:33 am

I'm sceptical that if the start date of a position is after the date of application that one would be considered employed at the date of application.

danafz wrote: ↑

Tue May 19, 2020 5:29 pm

I think it's fair to assume that the employment remains 'prospective'.

danafz wrote: ↑

Tue May 19, 2020 5:29 pm

,would the Applicant argue that the financial requirement is met despite current unemployment?

danafz wrote: ↑

Tue May 19, 2020 5:29 pm

The position remains that the most recent pay slip covers the 28 day period prior to the expiry of the visa.

danafz wrote: ↑

Tue May 19, 2020 5:29 pm

It will just be the employment letter which will need to be considered potentially when the Home Office appointments are up and running.