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Employment Issue before applying for Spouse Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
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CAinUK
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Posts: 1
Joined: Tue Nov 19, 2019 9:55 am
United States of America

Employment Issue before applying for Spouse Visa

Post by CAinUK » Tue Nov 19, 2019 12:11 pm

Hello,
My husband and I have been married 2.5 years. He is a British citizen and I am an American citizen. Up till now, we have not applied for a Visa yet because we weren't sure which country we wanted to live in permanently. Now that we've decided to have me apply for a UK Visa, my husband's company is laying off workers. We had been hoping to apply for the Visa the first week in January, 2020. He's worked at his company for 4 years and makes well over the required amount needed for a couple.
He can easily find a similar job as one of his mates has already found one immediately and can vouch for many open vacancies that my husband could fill.
My question is this. Can we still apply during this transition? He would be getting a lump sum package if he takes the voluntary leave from his company, and we assume he would be working immediately following his leave there. Do we have to wait to apply now? If we do have to wait to apply, for how long? For instance, does he have to work at the new job for a certain length of time before we can apply?
Thank you for any advice in advance!

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Employment Issue before applying for Spouse Visa

Post by geoeng » Tue Nov 19, 2019 12:41 pm

This document outlines the different ways to meet the financial requirement:
https://assets.publishing.service.gov.u ... -ext_1.pdf

I will summarise some of the options available briefly, assuming he is working in the UK:
A) Employed with the same employer for more than 6 months earning more than the financial requirement.
B) Total income in the previous 12 months exceeds the financial requirement AND employed in a job that meets the financial requirement at the date of application.
C) Cash savings greater than £62,500 held for at least 6 months.

So, it sounds like he could apply based on staying in his current job or if he immediately found alternate employment and had started this before you applied for the visa.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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Re: Employment Issue before applying for Spouse Visa

Post by seagul » Tue Nov 19, 2019 1:01 pm

CAinUK wrote:
Tue Nov 19, 2019 12:11 pm

My question is this. Can we still apply during this transition? He would be getting a lump sum package if he takes the voluntary leave from his company, and we assume he would be working immediately following his leave there. Do we have to wait to apply now? If we do have to wait to apply, for how long? For instance, does he have to work at the new job for a certain length of time we can apply?
Thank you for any advice in advance!
If you can amend your plans then better to apply before leaving the present job for a straight forward application under category A. Otherwise better to wait until getting at least the 1st month payslip from new employer then apply under category B. Alternatively 6 months older cash saving with its sources can fulfill this requirement.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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