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reddevil93
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Poland

Kazachstan citizen living in Poland - spouse visa to UK

Post by reddevil93 » Tue Sep 07, 2021 12:47 pm

Hello,

I'm a British citizen and would like to obtain spouse visa for my wife who currently lives in Poland.

The wife:

Passport and nationality: Kazachstan
Current country: She lived in Poland for the past 7 years. She finished her undergraduate and masters degree in Poland therefore she doesn't need permit to work in Poland. She had 4 Polish temporary residence card (karta pobytu) in the past 7 years and the current one expired in July, 2021. She applied for the new card based on her employment and is currently awaiting one.

The question:
Can she apply for a British spouse visa while living in Poland and not having a Polish temporary residence card/karta pobytu (she has a stamp in her passport confirming she's awaiting one)?

Also, does a degree in English Philiology from Polish University satisfy English test requirements for the visa.

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by TODMATT » Tue Sep 07, 2021 4:06 pm

reddevil93 wrote:
Tue Sep 07, 2021 12:47 pm
Hello,

I'm a British citizen and would like to obtain spouse visa for my wife who currently lives in Poland.

The wife:

Passport and nationality: Kazachstan
Current country: She lived in Poland for the past 7 years. She finished her undergraduate and masters degree in Poland therefore she doesn't need permit to work in Poland. She had 4 Polish temporary residence card (karta pobytu) in the past 7 years and the current one expired in July, 2021. She applied for the new card based on her employment and is currently awaiting one.

The question:
Can she apply for a British spouse visa while living in Poland and not having a Polish temporary residence card/karta pobytu (she has a stamp in her passport confirming she's awaiting one)?

Also, does a degree in English Philiology from Polish University satisfy English test requirements for the visa.
How long does it take before she receive her temporary residence renewal?

Was the degree taught in English?
My opinions should not be constituted as an immigration or legal advice.

reddevil93
Newbie
Posts: 42
Joined: Tue Sep 07, 2021 12:14 pm
Poland

Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by reddevil93 » Tue Sep 07, 2021 10:29 pm

TODMATT wrote:
Tue Sep 07, 2021 4:06 pm
reddevil93 wrote:
Tue Sep 07, 2021 12:47 pm
Hello,

I'm a British citizen and would like to obtain spouse visa for my wife who currently lives in Poland.

The wife:

Passport and nationality: Kazachstan
Current country: She lived in Poland for the past 7 years. She finished her undergraduate and masters degree in Poland therefore she doesn't need permit to work in Poland. She had 4 Polish temporary residence card (karta pobytu) in the past 7 years and the current one expired in July, 2021. She applied for the new card based on her employment and is currently awaiting one.

The question:
Can she apply for a British spouse visa while living in Poland and not having a Polish temporary residence card/karta pobytu (she has a stamp in her passport confirming she's awaiting one)?

Also, does a degree in English Philiology from Polish University satisfy English test requirements for the visa.
How long does it take before she receive her temporary residence renewal?

Was the degree taught in English?
Could be few months, I wonder if she needs it to apply for the visa. After all she can work in Poland without the residence cardpurely because she finished stationary degree here.

I believe her degree was in English. What if it was taught in Polish?

secret.simon
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Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by secret.simon » Wed Sep 08, 2021 12:27 am

reddevil93 wrote:
Tue Sep 07, 2021 10:29 pm
I believe her degree was in English. What if it was taught in Polish?
If it was taught in Polish, she will need to take an approved English language test. It would probably be best if she does a B1 test directly.

Even if it was taught in English, the course would need to be validated by ECCTIS (the successor to NARIC) and the cost of the validation would cost the same as a B1 test (~£150).

As an aside, are you a solely British citizen or are you a dual British-EU citizen? And if the latter, did you acquire British citizenship by naturalisation? And if the former, did you live with your spouse in another EEA member-state before 31st December 2020?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

reddevil93
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Posts: 42
Joined: Tue Sep 07, 2021 12:14 pm
Poland

Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by reddevil93 » Wed Sep 08, 2021 8:45 am

secret.simon wrote:
Wed Sep 08, 2021 12:27 am
reddevil93 wrote:
Tue Sep 07, 2021 10:29 pm
I believe her degree was in English. What if it was taught in Polish?
If it was taught in Polish, she will need to take an approved English language test. It would probably be best if she does a B1 test directly.

Even if it was taught in English, the course would need to be validated by ECCTIS (the successor to NARIC) and the cost of the validation would cost the same as a B1 test (~£150).

As an aside, are you a solely British citizen or are you a dual British-EU citizen? And if the latter, did you acquire British citizenship by naturalisation? And if the former, did you live with your spouse in another EEA member-state before 31st December 2020?
Thank you so much for your answers, really appreciate it.

I'm dual, Naturalised in 2018. Also hold a Polish citizenship. I'm guessing you are referring to EU settlement scheme which is another alternative to spouse visa?

We haven't lived together as I was living in UK all the time while she lived in Poland.

If going down the spouse visa route, are we required to prove that we lived together?

Also, do you know if she requires her new temporary residence permit to be issued first before she can apply for the spouse visa.

TODMATT
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United Kingdom

Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by TODMATT » Wed Sep 08, 2021 9:05 am

reddevil93 wrote:
Wed Sep 08, 2021 8:45 am
secret.simon wrote:
Wed Sep 08, 2021 12:27 am
reddevil93 wrote:
Tue Sep 07, 2021 10:29 pm
I believe her degree was in English. What if it was taught in Polish?
If it was taught in Polish, she will need to take an approved English language test. It would probably be best if she does a B1 test directly.

Even if it was taught in English, the course would need to be validated by ECCTIS (the successor to NARIC) and the cost of the validation would cost the same as a B1 test (~£150).

As an aside, are you a solely British citizen or are you a dual British-EU citizen? And if the latter, did you acquire British citizenship by naturalisation? And if the former, did you live with your spouse in another EEA member-state before 31st December 2020?
Thank you so much for your answers, really appreciate it.

I'm dual, Naturalised in 2018. Also hold a Polish citizenship. I'm guessing you are referring to EU settlement scheme which is another alternative to spouse visa?

We haven't lived together as I was living in UK all the time while she lived in Poland.

If going down the spouse visa route, are we required to prove that we lived together?

Also, do you know if she requires her new temporary residence permit to be issued first before she can apply for the spouse visa.

Not a requirement but if you have previously lived together, it is a good evidence to show that your relationship is genuine and subsisting.

Regarding the temporary residence permit, there’s no need to rush into doing the application. Be on a safer side and allow extra time for the renewal to come then you guys can apply.
My opinions should not be constituted as an immigration or legal advice.

reddevil93
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Posts: 42
Joined: Tue Sep 07, 2021 12:14 pm
Poland

Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by reddevil93 » Wed Sep 08, 2021 1:20 pm

TODMATT wrote:
Wed Sep 08, 2021 9:05 am
reddevil93 wrote:
Wed Sep 08, 2021 8:45 am
secret.simon wrote:
Wed Sep 08, 2021 12:27 am
reddevil93 wrote:
Tue Sep 07, 2021 10:29 pm
I believe her degree was in English. What if it was taught in Polish?
If it was taught in Polish, she will need to take an approved English language test. It would probably be best if she does a B1 test directly.

Even if it was taught in English, the course would need to be validated by ECCTIS (the successor to NARIC) and the cost of the validation would cost the same as a B1 test (~£150).

As an aside, are you a solely British citizen or are you a dual British-EU citizen? And if the latter, did you acquire British citizenship by naturalisation? And if the former, did you live with your spouse in another EEA member-state before 31st December 2020?
Thank you so much for your answers, really appreciate it.

I'm dual, Naturalised in 2018. Also hold a Polish citizenship. I'm guessing you are referring to EU settlement scheme which is another alternative to spouse visa?

We haven't lived together as I was living in UK all the time while she lived in Poland.

If going down the spouse visa route, are we required to prove that we lived together?

Also, do you know if she requires her new temporary residence permit to be issued first before she can apply for the spouse visa.

Not a requirement but if you have previously lived together, it is a good evidence to show that your relationship is genuine and subsisting.

Regarding the temporary residence permit, there’s no need to rush into doing the application. Be on a safer side and allow extra time for the renewal to come then you guys can apply.
Thank you.

I'm guessing that EU settlement route is not applicable here if we can't prove living together (renting contracts, joint bank statements)?

secret.simon
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Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by secret.simon » Wed Sep 08, 2021 4:59 pm

reddevil93 wrote:
Wed Sep 08, 2021 1:20 pm
I'm guessing that EU settlement route is not applicable here if we can't prove living together (renting contracts, joint bank statements)?
The EU SS route depends on when you were married.

If the marriage existed (i.e. she was your family member) before 31st December 2020, she can apply under the EUSS.

If the two of you were married after that date, she needs to apply under the usual spousal route.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

reddevil93
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Posts: 42
Joined: Tue Sep 07, 2021 12:14 pm
Poland

Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by reddevil93 » Thu Sep 09, 2021 7:35 am

secret.simon wrote:
Wed Sep 08, 2021 4:59 pm
reddevil93 wrote:
Wed Sep 08, 2021 1:20 pm
I'm guessing that EU settlement route is not applicable here if we can't prove living together (renting contracts, joint bank statements)?
The EU SS route depends on when you were married.

If the marriage existed (i.e. she was your family member) before 31st December 2020, she can apply under the EUSS.

If the two of you were married after that date, she needs to apply under the usual spousal route.
Thank you so much!

Would work visa for Kazachstan citizen living in Poland be also possible to get?

Could she go visit me in UK on the tourist visa and find a job while there within 6 months and then stay on a work visa?

AmazonianX
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United Kingdom

Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by AmazonianX » Thu Sep 09, 2021 8:49 am

reddevil93 wrote:
Thu Sep 09, 2021 7:35 am
secret.simon wrote:
Wed Sep 08, 2021 4:59 pm
reddevil93 wrote:
Wed Sep 08, 2021 1:20 pm
I'm guessing that EU settlement route is not applicable here if we can't prove living together (renting contracts, joint bank statements)?
The EU SS route depends on when you were married.

If the marriage existed (i.e. she was your family member) before 31st December 2020, she can apply under the EUSS.

If the two of you were married after that date, she needs to apply under the usual spousal route.
Thank you so much!

Would work visa for Kazachstan citizen living in Poland be also possible to get?

Could she go visit me in UK on the tourist visa and find a job while there within 6 months and then stay on a work visa?
Coming on visit visa and trying g to get work is abuse of the system. Even the visit visa applicatiob will be suspect considering she is married to a British citizen.

reddevil93
Newbie
Posts: 42
Joined: Tue Sep 07, 2021 12:14 pm
Poland

British citizen and spouse from Kazachstan - financial evidence

Post by reddevil93 » Sat Sep 11, 2021 10:44 am

Good morning,

I have lived and worked in UK for past 14 years and recently moved to Poland where I intend to stay for next few months to help my wife with spouse visa application while being unemployed.

I know that I need to prove certain threshold of income when applying for my spouse's visa to UK.

The question:
When we are going to submit her spouse visa application I will be unemployed in UK and my latest payslips from UK would be from August 2021. Will I have to come back to UK before submitting her application, get employed and get few weeks of wages and submit that with the application.

Or, can I just stay with her in Poland without going back to UK for the sake of few wage slips.

I have a pernament UK address where we are going to live etc.

reddevil93
Newbie
Posts: 42
Joined: Tue Sep 07, 2021 12:14 pm
Poland

How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Sat Sep 11, 2021 11:02 am

Hello,

I'm getting some conflicting information.
Me and my wife just got married in Poland, I'm British citizen and she has Kazak citizenship.

Is there a required time period before we can apply for her spouse visa? I have been told that it's 6 months.

We are not living together and have been Iiving separately for past two years. Only just got married when I moved to Poland for a couple of months to sort out the formalities.

TODMATT
Diamond Member
Posts: 1497
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United Kingdom

Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by TODMATT » Sat Sep 11, 2021 11:43 am

reddevil93 wrote:
Sat Sep 11, 2021 11:02 am
Hello,

I'm getting some conflicting information.
Me and my wife just got married in Poland, I'm British citizen and she has Kazak citizenship.

Is there a required time period before we can apply for her spouse visa? I have been told that it's 6 months.

We are not living together and have been Iiving separately for past two years. Only just got married when I moved to Poland for a couple of months to sort out the formalities.
There's nothing as such.
My opinions should not be constituted as an immigration or legal advice.

secret.simon
Moderator
Posts: 11529
Joined: Thu Feb 21, 2013 9:29 pm

Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by secret.simon » Sat Sep 11, 2021 6:50 pm

reddevil93 wrote:
Sat Sep 11, 2021 10:44 am
I know that I need to prove certain threshold of income when applying for my spouse's visa to UK.

The question:
When we are going to submit her spouse visa application I will be unemployed in UK and my latest payslips from UK would be from August 2021. Will I have to come back to UK before submitting her application, get employed and get few weeks of wages and submit that with the application.
If you are applying from the UK, you will need 6 or 12 months of pay slips (depending on the regularity of payment) showing earnings more than £18,600.

If you are applying from abroad, you will need to prove at least 6 months of earnings paying more than £18,600 per annum from a job in your current country of residence AND a confirmed job offer in the UK paying more than £18,600.

Alternatively, you can show savings of £62,500, held by you in an easily accessible bank account for at least 6 months.

A few weeks wages will not cut it.

As you can see, moving with a non-UK spouse to the UK can be very challenging and demanding. Have you considered moving with her to another EEA member-state instead? It should be relatively pain-free, compared to moving to the UK.
reddevil93 wrote:
Sat Sep 11, 2021 10:44 am
can I just stay with her in Poland without going back to UK for the sake of few wage slips.
You are a Polish citizen. So presumably you can stay with her in Poland.
reddevil93 wrote:
Sat Sep 11, 2021 11:02 am
Is there a required time period before we can apply for her spouse visa?
No, you can apply immediately after your wedding. You may need to prove that the two of you are in a subsisting relationship. So keep copies of vacation photos together, screenshots of Whatsapp chats, etc.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

reddevil93
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Posts: 42
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Poland

Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Sat Sep 11, 2021 11:12 pm

secret.simon wrote:
Sat Sep 11, 2021 6:50 pm
reddevil93 wrote:
Sat Sep 11, 2021 10:44 am
I know that I need to prove certain threshold of income when applying for my spouse's visa to UK.

The question:
When we are going to submit her spouse visa application I will be unemployed in UK and my latest payslips from UK would be from August 2021. Will I have to come back to UK before submitting her application, get employed and get few weeks of wages and submit that with the application.
If you are applying from the UK, you will need 6 or 12 months of pay slips (depending on the regularity of payment) showing earnings more than £18,600.

If you are applying from abroad, you will need to prove at least 6 months of earnings paying more than £18,600 per annum from a job in your current country of residence AND a confirmed job offer in the UK paying more than £18,600.

Alternatively, you can show savings of £62,500, held by you in an easily accessible bank account for at least 6 months.

A few weeks wages will not cut it.

As you can see, moving with a non-UK spouse to the UK can be very challenging and demanding. Have you considered moving with her to another EEA member-state instead? It should be relatively pain-free, compared to moving to the UK.
reddevil93 wrote:
Sat Sep 11, 2021 10:44 am
can I just stay with her in Poland without going back to UK for the sake of few wage slips.
You are a Polish citizen. So presumably you can stay with her in Poland.
reddevil93 wrote:
Sat Sep 11, 2021 11:02 am
Is there a required time period before we can apply for her spouse visa?
No, you can apply immediately after your wedding. You may need to prove that the two of you are in a subsisting relationship. So keep copies of vacation photos together, screenshots of Whatsapp chats, etc.
Thank you so much.

In regards to 6/12 months payslips I have 12 months worth of wage slips with the last one being August 1st. If we are going to apply in November and there will be no wage slips between August and November, would that be a problem?

TODMATT
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by TODMATT » Sun Sep 12, 2021 10:33 am

Could you provide more information about your current employment?
My opinions should not be constituted as an immigration or legal advice.

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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by CR001 » Sun Sep 12, 2021 10:38 am

TODMATT wrote:
Sun Sep 12, 2021 10:33 am
Could you provide more information about your current employment?
The OP has already stated that they are currently unemployed and living in Poland.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by TODMATT » Sun Sep 12, 2021 10:48 am

CR001 wrote:
Sun Sep 12, 2021 10:38 am
TODMATT wrote:
Sun Sep 12, 2021 10:33 am
Could you provide more information about your current employment?
The OP has already stated that they are currently unemployed and living in Poland.
Thanks I know that but I am asking for clarification due to OP last comment "In regards to 6/12 months payslips I have 12 months worth of wage slips with the last one being August 1st. If we are going to apply in November and there will be no wage slips between August and November, would that be a problem?"
My opinions should not be constituted as an immigration or legal advice.

reddevil93
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Sun Sep 12, 2021 11:25 am

TODMATT wrote:
Sun Sep 12, 2021 10:48 am
CR001 wrote:
Sun Sep 12, 2021 10:38 am
TODMATT wrote:
Sun Sep 12, 2021 10:33 am
Could you provide more information about your current employment?
The OP has already stated that they are currently unemployed and living in Poland.
Thanks I know that but I am asking for clarification due to OP last comment "In regards to 6/12 months payslips I have 12 months worth of wage slips with the last one being August 1st. If we are going to apply in November and there will be no wage slips between August and November, would that be a problem?"
I took two months vacation to get married in Poland. My yearly income is circa 45k and that is reflected on tax statements in April.

The issue I have now is that we want to proceed with spouse visa in two months time but my last employment wage slips will be from August 2021.

So there will be a gap between August and November as I currently don't work.

I wonder if there were similar cases in the past or should I go back to UK work for 6 months consecutively and apply for spouse visa then.

TODMATT
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by TODMATT » Sun Sep 12, 2021 8:32 pm

Are you self employed? because in order to meet the financial requirement, you must have a source of income at the date of the application which meets the financial requirement and I still don't understand your employment circumstances.
My opinions should not be constituted as an immigration or legal advice.

reddevil93
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Sun Sep 12, 2021 9:07 pm

TODMATT wrote:
Sun Sep 12, 2021 8:32 pm
Are you self employed? because in order to meet the financial requirement, you must have a source of income at the date of the application which meets the financial requirement and I still don't understand your employment circumstances.
I'm not self employed. I was paye employee for a blue chip company. Now I am unemployed.

AmazonianX
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by AmazonianX » Sun Sep 12, 2021 9:15 pm

reddevil93 wrote:
Sun Sep 12, 2021 9:07 pm
TODMATT wrote:
Sun Sep 12, 2021 8:32 pm
Are you self employed? because in order to meet the financial requirement, you must have a source of income at the date of the application which meets the financial requirement and I still don't understand your employment circumstances.
I'm not self employed. I was paye employee for a blue chip company. Now I am unemployed.
Is there any employment on the horizon for you?

reddevil93
Newbie
Posts: 42
Joined: Tue Sep 07, 2021 12:14 pm
Poland

Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Mon Sep 13, 2021 5:40 am

AmazonianX wrote:
Sun Sep 12, 2021 9:15 pm
reddevil93 wrote:
Sun Sep 12, 2021 9:07 pm
TODMATT wrote:
Sun Sep 12, 2021 8:32 pm
Are you self employed? because in order to meet the financial requirement, you must have a source of income at the date of the application which meets the financial requirement and I still don't understand your employment circumstances.
I'm not self employed. I was paye employee for a blue chip company. Now I am unemployed.
Is there any employment on the horizon for you?
Yes of course, I can go back to work tomorrow and get employed again and intend to do so as soon as we apply for the visa.

AmazonianX
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by AmazonianX » Mon Sep 13, 2021 6:26 am

reddevil93 wrote:
Mon Sep 13, 2021 5:40 am
AmazonianX wrote:
Sun Sep 12, 2021 9:15 pm
reddevil93 wrote:
Sun Sep 12, 2021 9:07 pm
TODMATT wrote:
Sun Sep 12, 2021 8:32 pm
Are you self employed? because in order to meet the financial requirement, you must have a source of income at the date of the application which meets the financial requirement and I still don't understand your employment circumstances.
I'm not self employed. I was paye employee for a blue chip company. Now I am unemployed.
Is there any employment on the horizon for you?
Yes of course, I can go back to work tomorrow and get employed again and intend to do so as soon as we apply for the visa.
It is actually employment at the time of application that matters to you now. Be in employment.

TODMATT
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Posts: 1497
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United Kingdom

Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by TODMATT » Mon Sep 13, 2021 6:40 am

If you are able to another job, your previous income could count under CAT B.

See page 23

https://assets.publishing.service.gov.u ... .0-ext.pdf
My opinions should not be constituted as an immigration or legal advice.

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