Benefits whilst sponsoring uk spouse visa

[Mwiche22]

Hello

I am new to this so please bear with me.

Background information - i am a British citizen with a Zambian husband and we have a 1 year old British son. We have been married almost 2 years.I live with our son in uk and my husband is in Zambia.
I returned to work from maternity in February but started full time end of March i intend to apply under category a non salaried income (march to September).
I have contract of 40 hours(5 days) including my overtime income will be 9300 as per requirement for 6 months . Two weeks after we apply for spouse visa i intend to change my contract to 24 hours (3 days) because my son is in full time nursery and its hectic and costly.
I predict my income to be 15000 for the tax year (2018/2019.

My question is this, can the fact that i claim, working and child tax credits, housing benefits and child care cost lead to a refusal of my husband`s uk spouse visa even if i inform HMRC that my predicted income will be 15000?

Advice on this will be most appreciated.

[Londoner007]

They only care that you meet the financial requirement on the date of application.

You are probably better off to change work patterns after the outcome of the application to prevent any risk.

[Mwiche22]

Thanl you very much.

I wish i could but its physically exhausting to work a full-time job and come home and look after my son. Am also concerned if he starts getting ill as winter is approaching. Maybe i will work for 6 weeks after application as opposed to 2.

Thnx for the response

[Casa]

Thanl you very much.

I wish i could but its physically exhausting to work a full-time job and come home and look after my son. Am also concerned if he starts getting ill as winter is approaching. Maybe i will work for 6 weeks after application as opposed to 2.

Thnx for the response

If you reduce your hours after submitting the application and the ECO calls your employer to check your terms of employment (as they often do), the visa will be refused due to insufficient income.

[seagul]

Thanl you very much.

I wish i could but its physically exhausting to work a full-time job and come home and look after my son. Am also concerned if he starts getting ill as winter is approaching. Maybe i will work for 6 weeks after application as opposed to 2.

Thnx for the response

If you reduce your hours after submitting the application and the ECO calls your employer to check your terms of employment (as they often do), the visa will be refused due to insufficient income.

If OP has met the financial requirement till the time of application then why you think the application will be refused? Not meeting financial requirement afterwards of application might affect next application/extension instead present one.

[Casa]

Thanl you very much.

I wish i could but its physically exhausting to work a full-time job and come home and look after my son. Am also concerned if he starts getting ill as winter is approaching. Maybe i will work for 6 weeks after application as opposed to 2.

Thnx for the response

If you reduce your hours after submitting the application and the ECO calls your employer to check your terms of employment (as they often do), the visa will be refused due to insufficient income.

If OP has met the financial requirement till the time of application then why you think the application will be refused? Not meeting financial requirement afterwards of application might affect next application/extension instead present one.

You have missed a crucial point. If the employer is contacted by the ECO to confirm the pay level and it has reduced below the required £18,600 p.a, the application will be refused.

The sponsor is also required to submit a written confirmation from the employer on company letterhead the pay rate under the terms of the employment, and that this will continue.

[seagul]

Thanl you very much.

I wish i could but its physically exhausting to work a full-time job and come home and look after my son. Am also concerned if he starts getting ill as winter is approaching. Maybe i will work for 6 weeks after application as opposed to 2.

Thnx for the response

If you reduce your hours after submitting the application and the ECO calls your employer to check your terms of employment (as they often do), the visa will be refused due to insufficient income.

If OP has met the financial requirement till the time of application then why you think the application will be refused? Not meeting financial requirement afterwards of application might affect next application/extension instead present one.

You have missed a crucial point. If the employer is contacted by the ECO to confirm the pay level and it has reduced below the required £18,600 p.a, the application will be refused.

The sponsor is also required to submit a written confirmation from the employer on company letterhead the pay rate under the terms of the employment, and that this will continue.

Salaried and non-salaried employment
5.1. Category A: With current employer for 6 months or more – person residing in the UK
5.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for at least 6 months prior to the date of application, they can count their gross annual salary towards the financial requirement. In doing so they must have been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in the application.
5.1.2. Gross income from non-salaried employment will be counted on the same basis as income from salaried employment where the person has been with the same employer for 6 months or more at the date of application.

https://assets.publishing.service.gov.u ... _Final.pdf


As per guideline the financial requirement need to be met till date of application. So current visa won't be refused if the earnings falls aftwards but as said earlier that it might affect next application/extension.

[Casa]

@seagul Interesting that if the change in circumstances after applying isn't relevant, that you've previously advised sponsors of spouse visas not to change employment while the application is being processed.

[seagul]

@seagul Interesting that if the change in circumstances after applying isn't relevant, that you've previously advised sponsors of spouse visas not to change employment while the application is being processed.

Yes your are right as I advised if it is possible but if your circumstances changed after the application and you have to really avail that opportunity then you should should definitely update HO while pinpointing them their own guideline that only the documents till application date matters. As long as you have updated HO and also met the requirement till the date of application then neither you will be charged with deception nor your application will be refused on this ground.

[Londoner007]

The point is - although you can change jobs, working hours etc after application has been submitted, it is not recommended as you risk an case worker being told of a different salary details than that of those mentioned on the application.

Best to always wait until a application has been concluded.