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As Seagul has pointed out, you are unable to include your overseas income as your employment in the UK didn't start within 3 months of your arrival. You will have to wait to apply when you have 6 months of payslips for your current employment, together with the corresponding bank statements.
I think you are not studying the official guidance completely and relevantly. I will suggest you to read it from page 24-30 then come back here with question.kit21088 wrote: ↑Sun Oct 13, 2019 6:22 pmyes we have already applied. My partner's appointment is on Thursday.
So how does Category B work then? Because everywhere I read, including their site, states that if the sponsor has been in his or her current job for less than 6 months, then they can take into consideration the income from the previous 12 months at the date of application?
Yes, but only if the previous 12 months earnings are from employment within the UK. Otherwise, the official guidance I posted previously applies.kit21088 wrote: ↑Sun Oct 13, 2019 6:22 pmyes we have already applied. My partner's appointment is on Thursday.
So how does Category B work then? Because everywhere I read, including their site, states that if the sponsor has been in his or her current job for less than 6 months, then they can take into consideration the income from the previous 12 months at the date of application?
Hi,Casa wrote: ↑Sun Oct 13, 2019 6:36 pmYes, but only if the previous 12 months earnings are from employment within the UK. Otherwise, the official guidance I posted previously applies.kit21088 wrote: ↑Sun Oct 13, 2019 6:22 pmyes we have already applied. My partner's appointment is on Thursday.
So how does Category B work then? Because everywhere I read, including their site, states that if the sponsor has been in his or her current job for less than 6 months, then they can take into consideration the income from the previous 12 months at the date of application?
Section 15 of Appendix FM-SE states the following with respect to meeting the second part of Category B (previous 12 months income):kit21088 wrote: ↑Sun Oct 13, 2019 7:29 pmHi,
So I see what you are saying, but my partner is not returning with me to the UK. I am already in the UK and he is applying from within the US. I do not see anywhere, where it says overseas income is not taken into account.
I do see where it says that if the two of us were coming together and I had a job offer letter, then the job would need to start within three months, but this case does not also apply to our scenario?
Appreciate all your help btw.
If either of you have 6 months older savings of at least £62500 then you can still submit its proof to meet the requirement because with your present arrangement the visa will not succeed.kit21088 wrote: ↑Mon Oct 14, 2019 2:04 pmThank you! We were going off the back of this. I agree that this is a completely unique scenario that I don't seem to find posted anywhere else, so it is a strange one and is confusing everyone. I mean we have applied now and his appointment is on the 17th October, which is why I am having this last minute panic.
Seagul, I do not know why you are saying this, when it clearly states in 5.3.11:seagul wrote: ↑Mon Oct 14, 2019 6:23 pmIf either of you have 6 months older savings of at least £62500 then you can still submit its proof to meet the requirement because with your present arrangement the visa will not succeed.kit21088 wrote: ↑Mon Oct 14, 2019 2:04 pmThank you! We were going off the back of this. I agree that this is a completely unique scenario that I don't seem to find posted anywhere else, so it is a strange one and is confusing everyone. I mean we have applied now and his appointment is on the 17th October, which is why I am having this last minute panic.
seagul wrote: ↑Sun Oct 13, 2019 6:33 pm
I think you are not studying the official guidance completely and relevantly. I 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).
5.4.5. Case study – Category B: Less than 6 months with current employer or variable
income – overseas sponsor returning to the UK
Example (a)
The applicant’s partner currently lives in China and is returning to the UK with the applicant.
The applicant’s partner left her job in China 3 months ago to prepare for the move to the
UK. She is not employed at the date of the application. From the job that she left, she
received an income of £19,000 in the 12 months prior to the application. So part (2) of the
Category B calculation for a returning sponsor is met because she received in the 12
months prior to the application the amount of income required to meet the level of the
financial requirement.
In addition, the applicant’s partner must also, under part (1) of the Category B calculation,
have a confirmed offer of salaried or non-salaried employment to return to in the UK
(starting within 3 months of her return). This must have an annual starting salary or income
sufficient to meet the financial requirement, alone or in combination with other sources. She
does have a confirmed job offer in the UK starting within 7 weeks of her return, with an
annual starting salary of £24,000.
So part (1) of the Category B calculation for a returning sponsor is also met because she
has a confirmed offer of employment in the UK to return to which has an annual starting
salary sufficient to meet the financial requirement.
Yes! This is what I mean! There are two different sections under category B, the one that Seagul mentions about returning with the partner to the UK and the one that states that the sponsor is residing in the UK, which I am. In that respect, my overseas income and my UK income together should satisfy the financial requirement (according to the above calculation)?geoeng wrote: ↑Tue Oct 15, 2019 8:09 amRight, but that's not really the situation. The applicant's partner is not returning with the applicant to the UK to work, the applicant's partner is already employed in the UK so section 5.3 should apply (section 5.3.9 specifically mentions the use of overseas income to satisfy the second part of Category B).
Accepting future employment in the UK starting within 3 months of returning to the UK but not actual current employment in the UK seems a bit inconsistent with the immigration rules. In theory, the same interpretation could make ineligible the partner of a British citizen (or equivalent settled person) residing in the UK but whose income is earned entirely overseas. Not saying it's incorrect necessarily, just an odd precedent.
Yes, provided Home Office has the same interpretation of the immigration rules, which is obviously not guaranteed in this case. Since you've already applied, all you can really do is wait. Best case your partner gets a visa in a few months, worst case you have to re-apply once you have 6 months of UK payslips.kit21088 wrote: ↑Tue Oct 15, 2019 10:00 amYes! This is what I mean! There are two different sections under category B, the one that Seagul mentions about returning with the partner to the UK and the one that states that the sponsor is residing in the UK, which I am. In that respect, my overseas income and my UK income together should satisfy the financial requirement (according to the above calculation)?
Hi Seagul,
I agree with that. As somewhat of a potential corollary scenario just for fun: the OP will have obtained greater than the required £18,600 of income earned in the UK before reaching 6 months with the current employer. In this case would they be eligible to apply under Category B with 5 payslips or would they still have to wait the extra month to apply under Category A because they have earned overseas income in the previous 12 months?