Silly situation with my job (unemployed) while applying for VISA

[ukbusinessworker]

Hey guys, I made a bit of a mistake.

I'm British, I live work in London. My salary for my last 2 roles has been 50k/Annum and 55k/ Annum.

My most recently role, I worked for 7 months. I handed in my resignation 3 months ago and my last day was just last Thursday, which was Jan 10th. (Long story, I had a manager that I just could work with and in emotion and maybe hasty decision now coz of this marriage situation, I could have just waited 1 more month to resign anyways...)

My wedding is on Jan 24th. I'm getting married in India, to an American citizen.

Of course, I want her to come asap back to UK with me and the idea was to do the application as soon as I have received the marriage certificate paper.

-

Situation now is that I'm unemployed and back on the job market. Interviews etc expecting this whole week but technical unemployed. I receive my last payslip on Jan 27th 2019 (Which will be my 8th month payslip with that company I just finished with)

Before I left the company I made sure I got a letter from the Human Resources that is dated Jan 8th and confirms all the elements about pay, duration and role and that payslips are genuine. So I have that

Of course I have 6 months of payslips also

I also can provide my bank statements for 6 months to show the salary is going in there

BUT I'm unemployed since just Thursday. And my wedding is on January 24th.

Can someone advise what I should do in this case? If I do it immediately after my wedding the application will it still be ok as it will still be under 28 days since the application made to when I am technically classified as unemployed?

[physicskate]

How could the employer letter guarantee your employment is continuing?? Unfortunately, you need to start a new job and apply under Category B.

[ukbusinessworker]

Because I got them to write it a few days before I left so it states "currently employed at xxx"

So your saying I have to wait and start a new job and then apply for visa for my spouse?

[Casa]

The Case Worker may well contact your ex-employer, who will obviously have to state that you are no longer employed.

[ukbusinessworker]

Ok so your saying the best is just to wait, get a fulltime job and then do the application?

In the meantime maybe she can come over on a tourist visa which she is allowed to stay in uk for 6 months max

?

[physicskate]

Because I got them to write it a few days before I left so it states "currently employed at xxx"

So your saying I have to wait and start a new job and then apply for visa for my spouse?

From the financial requirements:
https://assets.publishing.service.gov.u ... _Final.pdf

3.3.8.
Where Appendix FM-SE requires the applicant to provide specified evidence relating to a period which ends with the date of application.

So everything you provide needs to be accurate at the date of application, by which point you aren't employed by this employer. To submit this letter is using deception. Might you get away with it? Sure, but you shouldn't according to the rules and, if found out, the consequences could be at minimum a refusal, at worst, some sort of ban on your future wife.

[physicskate]

Ok so your saying the best is just to wait, get a fulltime job and then do the application?

In the meantime maybe she can come over on a tourist visa which she is allowed to stay in uk for 6 months max

?

I've already addressed your issue of her coming on a tourist visa for a significant length of time in your other thread, I think.

[ukbusinessworker]

Ok shit so basically don't do it.

Then what solution do you guys recommend?

Wait and get a job? Then as soon as I got the job, I'm probably going to have to provide 12 months of slips and bank statements

(The job I just left was 8 months in total I was there on 55K/Annum)

She holds as USA Passport, so I'm guessing she can come here as tourist while I work then once I've secured a new job I can make the application officially with a new job in place, employed status

[ukbusinessworker]

Ok so your saying the best is just to wait, get a fulltime job and then do the application?

In the meantime maybe she can come over on a tourist visa which she is allowed to stay in uk for 6 months max

?

I've already addressed your issue of her coming on a tourist visa for a significant length of time in your other thread, I think.

Yes but now my question is different coz I'm asking what is my solution then if she is not employed?

From my common sense at least she can come as a tourist for a few months until I sort out my job situation which I left just on Thursday

right?

[Casa]

Realistically, your wife may well be refused entry as a non-visa national due to a perceived risk of overstaying her period as a visitor.

[ukbusinessworker]

I am totally confused, so your saying she cannot even come on a tourist visa, visiting London now?

How does that work?

[Casa]

Your wife as a non-visa national doesn't have an automatic right to enter the UK. The IO at UK Border Control will want to see evidence that she has stronger reasons to return to her country of residence than she has to remain in the UK. With you as her husband living in the UK, this may be challenge.

[ukbusinessworker]

Even if that's before I even applied for the application?

How do they even know that she is married to me? Can't she just travel like all of us do when we travel on holiday somewhere, I always travel, I never get checked if I'm married to someone?

So your saying I have a very bad situation and that I should call of the marriage next week? As your basically saying, 1. You have no job as of now so you have to wait for a job then apply 2. She cannot come just to visit

And of course I don't meet the savings amount and/or I am not self employed

[ukbusinessworker]

She's an american national, she can just come on holiday here like a normal person...

[physicskate]

She's an american national, she can just come on holiday here like a normal person...

Yes, but you're suggesting she would come to live here for several months (which is NOT like a normal tourist as most people have jobs and lives to return to and limited holiday from their job), which may or may not pose problems at the border. She would have to prove strong ties to India (like a home, bills, job to return to, obligations). We cannot tell you for sure whether or not she would be allowed entry for several months as it is up to the discretion of the ECO.

Yes, once you have new employment, apply under Category B. I've provided you with the financial requirement links so you can see what the requirements are.

[ukbusinessworker]

Thanks Physics, I guess i won't be too fussy now like usually how I am with what job I get offered as I already rejected 2 in the last 3 days coz of too low pay then what I am used to - as my priorities have changed now

- Do you think even a 1 month return ticket to London > India is too much? She doesn't work in India but her parents and sister are all there and she lives with them at home