Jhelumi wrote: ↑Fri Mar 06, 2020 1:31 pm
Just out of curiosity, please can someone clarify the consequences if the sponsorer loses their job 2-3 months before the extension, or just doesn't have a job for the full 6 or 12 month period or if the salary is below the required threshold?
Is the extension no longer applicable? Does the applicant have to return to their home country and start all over again? Or, does the HO provide an alternative solution?
There's no simple answer as it depends entirely on a variety of circumstances. One important consideration is that if the applicant is in the UK with permission to work, their income can also be used towards meeting the financial requirement in addition to that of the sponsor.
The financial requirement under Category B is based on total income in the 12 months prior to applying AND annual income at the date of application. So, if one were to lose their job a few months prior to the extension application date, they could still conceivably meet the financial requirement if their earnings in the past 12 months were sufficient and they obtained a new job prior to the application date (again, both sponsor's income and the applicant's income can be considered).
Cash savings above £16,000 held for at least 6 months prior to the application date can be used towards the financial requirement. Various forms of non-employment income can be used towards the financial requirement.
If the financial requirement is not met, the applicant may be put on the 10 year route to ILR if there are exceptional circumstances such as a parental relationship with a child in the UK or there would be insurmountable obstacles for family life outside the UK with a partner who is British or settled in the UK.
If the financial requirement cannot be met under any of the categories and there were no applicable exceptional circumstances, it is possible an extension would not be granted and the applicant would not be able to legally remain in the UK. I'm sure there are more possibilities I haven't thought of, but with some planning and foresight it's hard to imagine many circumstances in which the financial requirement could not be met (or could not have been met with some better planning) and it usually seems to be people who were not aware of the requirements they would have to meet that run into issues at the last minute.
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.
