From tier 2 to family, income question

[marimo]

Hello,

I have a question about proving income under the family visa requirements.

I have been in the UK on a Tier 2 visa sponsored by my employer for the past year. I am going to marry my partner in a month, who is a British citizen, and I would like to switch to a family visa. I want to switch visas because I would like to leave my current job in order to pursue other work which would not be able to sponsor me.

My partner's income does not meet the minimum income threshold for a family visa however my income with my current job in the UK is above the requirement, so I plan to use that as evidence.

My question is, if I give my two months notice to my employer of intention to leave before the new family visa has been processed, am I in danger of the home office not seeing my income as valid? In other words, if the home office is made aware of the fact my employment is terminating at a certain date (due to my employer notifying them) would this jeopardise the proof of income documentation?

Ideally I would give my two months notice ASAP even though our marriage is in a month, but I don't want to get in a situation where the application is refused because my current employment doesn't count as valid income!

Many thanks

[CR001]

You should wait for your new visa to be approved before you resign.

[marimo]

Thanks for responding. Do you base this on any particular home office guidance/policy or you just think it's the safest/most sensible option?

[seagul]

Read tier 2 & spouse visa guidance:

https://assets.publishing.service.gov.u ... 1_2018.pdf

https://www.gov.uk/uk-family-visa/partner-spouse


Yes safest option is to wait for the new visa being approved because if you give notice to your present employer then your visa be curtailed and your income for spouse visa might not be counted as legal. Moreover, on curtailment the HO might extend your marriage notice to 70 days by then you will have to leave the country because curtailment only grant 60 days.

[marimo]

Read tier 2 & spouse visa guidance:

https://assets.publishing.service.gov.u ... 1_2018.pdf

https://www.gov.uk/uk-family-visa/partner-spouse


Yes safest option is to wait for the new visa being approved because if you give notice to your present employer then your visa be curtailed and your income for spouse visa might not be counted as legal. Moreover, on curtailment the HO might extend your marriage notice to 70 days by then you will have to leave the country because curtailment only grant 60 days.

Thanks for this. To be clear we've already completed our notice period (received letter from HO confirming we would not be investigated). The question is whether I can give my resignation letter to work and serve my two months notice period once the application has been submitted with my income verification, or do I need to wait for it to be processed.

Does anyone know if employers are supposed to notify HO after I give my resignation or only after I serve my two months notice period and employment officially ends?

[CR001]

Note that employment is required to be 'ongoing' for a spouse visa, even more so as you are using your income only to meet the financial requirement.

I strongly suggest you wait till you have your new visa before resigning, especially if your future spouse does not meet the financial requirements on their own.

Your tier 2 sponsor has an obligation to notify HO within 10 days AFTER your last date of employment and not at 'resignation' stage.