MSS Posted: Tue Feb 12, 2008 11:38 pm Post subject: IS IT NESCESSARY THAT YOU HAVE PERMANENT JOB WHEN APPLYING?
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CAN YOU APPLY FOR SPOUSE VISA WITH A TEMPORARY JOB? oR DO YOU HAVE TO BE IN A PERMANENT JOB?
PLEASE ANSWERS WILL BE APPRECIATED.
Please see the link:H:\Chapter 9Â UKvisas.htm
9.3 - Maintenance: General requirements
The Rules require that there be adequate maintenance for applicants without recourse to public funds. This means that either the applicants have their own funds (or funds available to them) or their sponsor will provide the necessary support. A combination of these is also acceptable.
If an applicant has been in receipt of public funds during previous stays in the UK, it does not necessarily mean that an application must be refused. However, this may indicate a failure to observe previous conditions attached to a grant of leave to enter.
Sponsors
Sponsors in the UK may themselves be in receipt of public funds. However, as long as a sponsor can show that the applicant is to be maintained without claiming additional public funds, the requirement of the Rules will have been met. The ECO should consider how long such a sponsor on limited means will be in a position to maintain the applicant, having regard to the position taken by the Asylum and Immigration Tribunal (AIT) in 2006 United Kingdom Asylum and Immigration Tribunal (UKAIT) 00065 Ka and Others (Pakistan)(see the box below under "dependants").
Evidence
The ECO should also ensure that when an applicant produces evidence of funds, that they are immediately available. A bank statement should show regular transactions. A statement indicating merely a large deposit but no evidence of normal transactions should be treated with caution. Statements covering at least 3 months should give a satisfactory picture of a person’s financial means.
If you have reason to doubt that the funds will be at the disposal of the applicant, you may ask them for a written undertaking. Further guidance on undertakings, including circumstances for refusal, the prescribed undertakings form (see Chapter 8 Annex 1) and the recovery of Income Support from sponsors by the DWP, is given in Chapter 8.13.
The extent of the evidence which is required to satisfy you will depend on the circumstances of the case. It is unlikely, for example, that very detailed evidence of funds will be required from someone who is clearly a bona fide business visitor who has made regular visits to the UK with no problems occurring. Others going to the UK, whether for a temporary or permanent stay, will need to produce evidence that adequate funds are available.
Dependants
If dependants of the main applicant are going to accompany him/her to the United Kingdom, resources must be available for the whole family unit to be maintained.
There is no explicit minimum figure for what represents sufficient maintenance. However, in 2006 UKAIT KA and Others (Pakistan), the AIT strongly suggested that it would not be appropriate to have immigrant families existing on resources that that were less than the Income Support level for a British Family of that size (See Paragraph 8 of the determination - available on the Asylum and Immigration Tribunal website). If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.
9.4 - Accommodation: General requirements
The ECO must be satisfied as to the availability and adequacy of accommodation.
Section 9.12 which deals with the Housing Act 1985 and overcrowding contains more details.
A person living in accommodation provided from public funds may provide accommodation sponsorship for an applicant. The sponsor must demonstrate that no additional public funds will be necessary for accommodating the applicant.
The ECO should be satisfied that the accommodation offered is genuinely available to an applicant (and dependants if appropriate), e.g. the owner of the accommodation has given permission.
More detailed guidance on accommodation undertakings is given in Chapter 8.13.
9.5 - Maintenance and accommodation: Entry as a fiancé(e)/proposed civil partner
A person being admitted as a fiancé(e)/proposed civil partner must have adequate maintenance and accommodation without additional recourse to public funds. They should not be working before the marriage/civil partnership (employment is prohibited until the grant of 24 months’ leave to remain following the marriage/civil partnership); and after the marriage/civil partnership, there must be adequate exclusively owned accommodation for the couple without additional recourse to public funds in accommodation which they own or occupy exclusively (defined in section below).
