Spouse Visa and £18,600 Requirement

[Phil_UK69]

Hi, just asking advice here to confirm what I believe would still meet the Financial Requirement, what are your thoughts?

We had a family member's spouse visa refusal due to the fact that we omitted to supply the Bank Statements, a stupid oversight on our part (still can't believe we didn't see this requirement until after).

* The First application went in after they had worked for the same employer for 6 months and had earned about £11,000 (over the £9,300 requirement for 6 months). This was refused due to not supplying the Bank Statements.
* Applicant's partner has been working in the UK for 10 months now but has changed job so would be looking at Category B.
* Applicant's partner is looking to leave the UK and return to foreign county to be with his spouse (the applicant), as have become dispondant with situation.

So I'm seeing what option they have to try again...
* Applicant's partner will likely have earned over £18,600 (in the past 12 months) by the time they leave the UK
* Applicant's partner has handed in notice to leave job, but company has confirmed they will have a job for them if they decide to return to the UK (salary circa £20,000+)

So my question is, could they apply again (as a returning resident) using the Category B option?

They would have earned £18,600+ in the past 12 months (likely from just the UK, but may be including work when they get back to the foreign country) and will also have a job to return to, starting within the 3 months (as required) giving a salary over and above the £18,600 minimum.

I believe this would still meet the financial requirement for Category B correct (has earned over £18,600 in the past 12 months and has a job to return to paying over £18,600)? My slight reservation is the documentation refers to overseas income for the returning citizen residing abroad where in this case they earned it in the UK, but does it matter where it was earned?

It's a bit if an usual situation so was seeking some advice here?

Thanks in advance

[seagul]

If you are traveling abroad and trying meeting financial requirement then your UK based earnings with job offer within 3 months of arrival back to uk won't work because it need to be foreign earnings. Based on your situation I think if you have earned £18600 during the last 12 months and now you have offer of £20000 fixed (salaried) wages then can qualify under category B.
Be remembered spouse visa process is very daring and stressful from which you shouldn't disheartened rather based on your previous refusal you can betterly prepare your case. This forum is with you. Going back can even worsen the case.

[Phil_UK69]

Thank-you seagul for your response, I was concerned that would be the case and as these things are complicated enough adding more variables into the mix would be a bad thing.
I agree with you that he should stay here to apply again and we are trying to convince him of this, as the situation is fixable. As you say we have learnt a lot from the first application and what mistakes we made, I am 100% sure a 2nd application would be successful, (although expensive) as the refusal letter stated all other criteria was met.
Thanks for the support