Unusual UK Visa question

[carltonb]

So I have a UK Entry Clearance in my US Passport as the result of accepting a job for a US Government contractor. I'd be an employee/contractor of that government contractor.

My wife is a UK Citizen and I did this, this way to avoid us having to spend time apart while the spousal visa was approved or denied.

As long as I am a US Government contractor, I guess that we could stay together in the UK, but then when it ends I'd/we'd have to come back to the USA with nothing.

I'd like to know if I can eventually somehow obtain a spousal visa in the UK based on this without needing to return home?

My Visa reads:

For employment with DOD

Civilian Staff. NATO Contracts
No Public Funds

This is not a SOFA/Exempt VISA. I mention that because it is my understanding that you cannot go from that VISA to a spousal VISA.

I'd imagine that my situation would be the same, but thought that I would ask anyways.

It's a shame we left the UK before they made it more difficult. I had a spousal Visa back in 04-05 and even got an NI number.



Any ideas?

I'd also like to know if I'd be permitted to do side work in the UK with the above mentioned Visa in addition to my DOD contract for a little extra income.

Just questions...thanks!

[noajthan]

Whoa! that is an unusual one.
Maybe a question for your base coordinator type person.

And even if you do leave UK you will still take memories, a number of umbrellas and a recently-acquired taste for warm beer.

[carltonb]

Whoa! that is an unusual one.
Maybe a question for your base coordinator type person.

And even if you do leave UK you will still take memories, a number of umbrellas and a recently-acquired taste for warm beer.

Lol! I have not actually re-entered the UK because it will take time for my Clearance to pass. It could take up to a year I am now being told. I have all of the memories you mentioned from the first time around.

Thanks for not acting like I killed a kitten for asking!

[noajthan]

Thanks for not acting like I killed a kitten for asking!

Well I simply don't know; not many questions come in on such a topic.

But other members may well know.
Stand by.

[vinny]

Check the requirements of Appendix FM, etc., to see if you may switch to FLR(M) from within the UK.

You probably cannot work outside the restrictions of your visa.

[carltonb]

Thanks for not acting like I killed a kitten for asking!

Well I simply don't know; not many questions come in on such a topic.

But other members may well know.
Stand by.

Lol, I hope you don't change your mind haha.

[carltonb]

Check the requirements of Appendix FM, etc., to see if you may switch to FLR(M) from within the UK.

You probably cannot work outside the restrictions of your visa.

Thanks...this is the most definitive form that I could find and it hurts my head.

https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

I do notice something here though:

Code 4 – employment restricted to that for which the
applicant was last granted leave to enter or remain.

So I was granted FLR based upon a spousal Visa back in '04. I could work anywhere in the UK. I'd like their definition of "last". I still hold that Visa in my previous passport.Last meaning this time around or last time around. Seems to me that comment would defer to the last time that I had FLR (Where I could enjoy working anywhere), but I am just the little guy. I know that the Spousal Visa is no longer valid because I came back to the USA, however it was still the *last* FLR I was granted.

I have an NI Number, not opposed to paying taxes.

Thanks again.

[vinny]

I don't think that your previous spouse visa is relevant anymore.

These are your current conditions:

My Visa reads:

For employment with DOD

Civilian Staff. NATO Contracts
No Public Funds

How long is your visa granted for?

[carltonb]

4 year.

[vinny]

Then your Immigration status shouldn't be a problem for switching to FLR(M).

How much will you and your wife earn?

If you satisfy Appendix FM-SE, then you should be able to switch to FLR(M).

[carltonb]

Sorry for the late response. My wife only earns $10 in the USA which I guess doesn't count for UK purposes?

I'd be making about $70000 USD in the UK (yes I get paid in dollars)....but what I make is worthless for immigration purposes correct?

Even if it is worthless, that would buy 4 years of time in the UK for her to get a job that would meet the guidelines....that is one way to look at it right?

[vinny]

(c) The employment or self employment income of an applicant will only be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM).

What you make in the UK isn't worthless. It may be included to satisfy E-LTRP.3.1.

You require the equivalent of at least £18,600 per year.

[carltonb]

(c) The employment or self employment income of an applicant will only be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM).

What you make in the UK isn't worthless. It may be included to satisfy E-LTRP.3.1.

You require the equivalent of at least £18,600 per year.

Wow, could you expand? I took a quick look (tried to do a find that number "18,600") which I have memorized.

How much is it included? Is it a percentage of the amount? Could it constitute the entire amount?

Thanks!

[carltonb]

I did find this......

Those partners who are already working legally in the UK can count their income towards the threshold

http://www.migrationobservatory.ox.ac.u ... -the-uk-2/

Thanks for the lead. I'd like to see something official though. Still not clear if I can go to the UK and work and have it count at 100% so that my partner doesn't have to do dead end jobs.

[vinny]

The Immigration rules are official.

The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of-

(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with ...

When determining whether the financial requirement in paragraph ELTRP. 3.1. is met only the following sources may be taken into account-

(a) income of the partner from specified employment or self-employment;

Sources may include your income in the UK.

[carltonb]

The Immigration rules are official.

The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of-

(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with ...

When determining whether the financial requirement in paragraph ELTRP. 3.1. is met only the following sources may be taken into account-

(a) income of the partner from specified employment or self-employment;

Sources may include your income in the UK.

Crystal Clear, thank you Vinny!

[carltonb]

Ok, so my contract hasn't started in the UK yet. I am still awaiting crossover of my Security clearance. I do have the offer letter from the employer in hand to work in the UK and the above mentioned Visa for work Authorization.

It may take some time for the Security Clearance to crossover...and from what I am hearing, longer than I am willing to wait. Could I turn this into an opportunity to file for FLR (M) with both of us here in the USA?

I don't have the 62k pounds in the bank, but I have about 45k....not that this is necessarily relevant, but these hard numbers have been spinning in my mind since 2012l I can substantiate 6 months of USA self employment history and can prove that the corp is mine. I can also prove that the income is well in excess of the financial requirement.

I did a cursory google search for post 2012 situations like this and it appears that we could do it this way, but I somehow find that hard to believe.

Could we do it this way?

Thanks.

[vinny]

Unfortunately, your savings may be insufficient and you cannot use your income from the USA.

It may be best to enter the UK on your present visa when ready and, perhaps after at least six months or so of employment, switch to FLR(M). You have to satisfy Appendix FM-SE, etc., too.

Are your employers also willing to extend your contract after 4 years?

[Casa]

One point in addition to Vinny's advice....FLR(M) can only be applied for from within the UK.

[carltonb]

Unfortunately, your savings may be insufficient and you cannot use your income from the USA.

It may be best to enter the UK on your present visa when ready and, perhaps after at least six months or so of employment, switch to FLR(M). You have to satisfy Appendix FM-SE, etc., too.

Are your employers also willing to extend your contract after 4 years?

Thanks Vinny. I have no idea whether or not they are willing to extend the contract after 4 years.

[carltonb]

One point in addition to Vinny's advice....FLR(M) can only be applied for from within the UK.

Thanks for that Casa.