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Spouse visa £29,000 new financial requirements

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MA24
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Joined: Thu Feb 08, 2024 4:56 am
United Kingdom

Spouse visa £29,000 new financial requirements

Post by MA24 » Thu Feb 08, 2024 6:41 am

Hi all,

Apologies if posting wrong section.

We have questions regarding the financial requirements change (£18,600 to £29,000) that will come in play from 11th April 2024 for Spouse Visa. Unfortunately, we're in a pickle with the change and could do we some clarity please as I couldn't see anyone else posting with similar situations.

Background:
My brother started work late October last year with current employer, working 42 hours a week on minimum income and is earning just above the current threshold to bring partner and a child who's going near adult age so in a rush (has other children). We were hoping to apply with 6 months payslips. However, with the jump to £29,000 income requirements it would be insufficient and we cannot apply under the £18,600 rule as it will be 6 months with employer end of April, just after new rule comes in. The employer is willing give more hours (even new contract) and may get a supervisor position with slightly better hourly pay but that's not guaranteed at the moment. The minimum wage is increasing to £11.44 in April (currently on £10.42/hour). We want to avoid the jump to £34,000+ change that will come in play later this year.

With the announcement 11th April rule changes what should we do?

Can we apply say before 11th April with a shortfall of say 2 weeks payslips which are weekly (5 and half months payslips) and submit 6 months payslips by the time BRP appointment booked as they would've worked 2 weeks by then when we can submit evidence and fall under old rule? Or home office don't look at date of application to apply rule but rather when it's reviewed and what rule apply at the time (£29k or 18k)?

If entered into new contract and pay that will suffice the £29k rule, can we use the older payslip (Oct 23 - Feb 24) and apply in April or May? Or do we need use the new wages payslip (delaying another 6 months) and maybe end up applying in summer? I understand plus side they can bring all kids in one go with 29k but there's no date announced for 34k and we don't want to fall into the change again and have insufficient income.

Would the pay change effect the application negatively if it's not consistent for the 6 months? Employer's letter should cover the change.

What is the maximum hours can they work with the employer as they're working 42 hours already so may need to work another 10 hours or so to earn the £29,000? Is there any restrictions.

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Frontier Mole
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Joined: Tue May 06, 2008 12:03 am
European Union

Re: Spouse visa £29,000 new financial requirements

Post by Frontier Mole » Thu Feb 08, 2024 10:41 pm

At the date of application the salary requirement must have been met. Only salary earned and subsequently evidenced at the time of application will be accepted. Any payslip that is dated on or after 11th April 2024 will not figure in the calculation.
There will be close scrutiny of all applications received in the lead up to deadline date as there will be many people trying to squeeze under the wire.

The other (more important) issue is that the rules state that that employment must be at least SIX MONTHS. So it would fail on that point alone.

In looking to the future will the increase threshold - the six months of payslips will need to equal a minimum £14,500. If the new salary only allows your brother to meet the new threshold, then unfortunately he will have to wait. If a combination of the current earnings and future earnings amount to £14,500 then he could then apply earlier.

If he has overtime available now, then I would take it if it would significantly contribute to meeting the new threshold.

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Ticktack
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Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: Spouse visa £29,000 new financial requirements

Post by Ticktack » Fri Feb 09, 2024 9:16 am

There will be close scrutiny of all applications received in the lead up to deadline date as there will be many people trying to squeeze under the wire.
The future scenario is well encapsulated in this one sentence!
No sin in failing, you just have to try and try again!

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