Spouse Visa - Unable to Work due to expiry Date???

Hi all,

I have a quick question that has been bugging today about my wifes visa. My wife is currently on a spouse visa which runs for just pver two years from March 2010 - May 2012. My wife has been looking for work for 6 months.

Today she received her latest bad news in which her interviewer said she was unable to have the job as her visa had less than 12 months until expiry and was told if she could have her visa extended they would be able to offer the job?

Naturally she cannot extend until three months before the expiry so its not able to happen but does this mean that she will find it difficult to get employed because her visa is 9 months to expiry!! It doesnt sound right but wanted to get peoples opinions on this.

It's a tricky one because confronting the potential employer essentially requires accusing them of race discrimination.

A policy of requiring at least 12 months of visa validity is discriminatory on its face: it places non-British nationals at a disadvantage compared to British nationals. Is it a proportionate means of achieving a legitimate aim (presumably compliance with immigration law and/or the business interest in being able to plan personnel for the reaosnable future)? It's not certain, but arguably too stringent.

In your wife's case it makes it impossible for her to take employment with this company, even though she has the right to work in the UK, and is likely to get ILR shortly (which could make her a getter bet than someone who actually did have 12 months on their visa).

Can she approach the company with alternative proposals? Extended probationary period, for example.

Naturally she cannot extend until three months before the expiry so its not able to happen but does this mean that she will find it difficult to get employed because her visa is 9 months to expiry!! It doesn't sound right but wanted to get peoples opinions on this.

Its actually 1 month before visa expires, not 3 months. She needs to be in UK for a minimum of 23 months before she can apply for ILR.

She needs to tell her employers that she is unable to extend her visa due to Immigration rules.

I think your wife's employers are just looking for an excuse not to employ her, and are using this excuse, which in my opinion is discriminatory and illegal . Your wife is legally entitled to work in the UK.

It could be 3 months before as spouse visas are now issued for 27 months.
If she entered soon after the visa issue date and can apply 28 days before the 2nd anniversary of the entry date...this could easily be 3 months before expiry.