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Advice Please

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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FXR_1340
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Scotland

Advice Please

Post by FXR_1340 » Mon Nov 28, 2016 9:27 pm

I am considering taking 6 months leave of absence from work to go to the US to get married (US citizen) and then stay (hopefully) for a short while. I am applying for a B2 visa. Whilst there I will obviously not work. I have non employment income which I can rely on.

The problem is returning to UK and meeting the minimum financial limits for immigration for my new spouse.

I am employed by NHS and meet the financial criteria of £18,600 income. The problem is,as far as I can see, I need to earn that in the 6 months immediately before my new spouse applies to remian in UK. As I will be on a career break this will not be the case as I am not paid when on this break.

Is this correct? I have worked for NHS fr more than 2 years and will pick up my salary the moment I return to work.

Can the period to meet the income criteria be from before my career break, ie September 2016 to March 2017. I plan to start my career break in April 2017 and return to the UK with my wife in June or July.

Grateful for any help on this.

TIA

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Casa
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Re: Advice Please

Post by Casa » Mon Nov 28, 2016 9:30 pm

No. The earnings need to be the 6 month period prior to submitting the spouse visa application with the most recent 6 months payslips & the corresponding 6 months bank statements.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

FXR_1340
Member of Standing
Posts: 298
Joined: Tue Oct 18, 2016 7:53 pm
Scotland

Re: Advice Please

Post by FXR_1340 » Mon Nov 28, 2016 9:33 pm

Casa wrote:No. The earnings need to be the 6 month period prior to submitting the spouse visa application with the most recent 6 months payslips & the corresponding 6 months bank statements.
Thanks for your prompt response.

I guess its back to the drawing board............

FXR_1340
Member of Standing
Posts: 298
Joined: Tue Oct 18, 2016 7:53 pm
Scotland

Re: Advice Please

Post by FXR_1340 » Mon Nov 28, 2016 9:39 pm

Casa wrote:No. The earnings need to be the 6 month period prior to submitting the spouse visa application with the most recent 6 months payslips & the corresponding 6 months bank statements.
......thinking a bit more on this, if the application is on the basis of a Fiance, could this be done before I take the career break and still have proof of earnings for the 6 months immediately prior to the application submission?

Trying to see a way around this........why is immigration so complicated for honest people just trying to make things work :( :? :(

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Casa
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Re: Advice Please

Post by Casa » Mon Nov 28, 2016 9:45 pm

Possibly doable, but be aware that you need to marry in the UK within 6 months of the fiance visa issue date. Your employer would also have to submit a letter confirming the terms of your employment.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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