Resignation, financial requirements, spouse ILR

[Hi1]

Hi,

Due to apply for spouse settlement visa for my spouse. I have resigned my job as I found a better opportunity and this will be a self employed position and just realised that it could have an impact, may be, on the application. I am not sure how this will impact the application as I will be ending my current employment and cannot file for tax returns now. Not want to lose this new opportunity. I have also come across a point where it said about meeting the criteria at the time of application. Given that I have resigned I am thinking if my employers letter can have an impact.

Appreciate if any of you can guide me on this. Thanks in advance.

Kind regards.

[vinny]

Unfortunately, I think it was a bad idea to resign before your spouse applies, unless s/he doesn’t have to rely on your income. You may also fail 7?

[Hi1]

Thanks for your response and the link.

The information has only been pointing to the earnings or requirements at the date of application. I don't see any information regarding the requirements after the date of application. If at all anything there are considerations for prospective income if the person cannot meet the requirements at the date of application.

If I think of it other way round and a person was contracted for 16 hrs a week and were to earn £10 per hour, for 52 weeks their income would have been £8,320 but if the person has worked more than contracted hours and earned £20,000 will the application be rejected because it is not necessary that the person can earn this without working overtime after the date of application.

In case I am missing the details, can you please point me to any section in the guidance where it is about meeting the financial requirements after the date of application.

Either resigning now or after the application can the Home Office guidance suggest one to decline the prospects of better income/career/life?

(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

[vinny]

I think if unable to rely on self-employment and have left your job, then the rules require a current employer, on the date of the application, when considering payslips.

If you are ending your current employment before the date of your spouse’s application, then payslips are excluded.

[Hi1]

Although I have resigned I am still to serve my notice and will be applying before the last date. So technically I am still employed?

[vinny]

I think yes. You may have to rely on the linked judgment above, if the caseworker disagrees.

[Hi1]

Thanks!

[vinny]

Please, do let us know the outcome.