Immigrating, Which Visa, How to Achieve it.

[Commodore]

Hello All
I have been scouring this forum and the respective official sites for answers/ advice. but am still in the dark with regards to several things.
My Fiancee and I would Like to immigrate to the UK.
I hold a British Passport, although I was not born there (I was born in Zimbabwe)
my Father was born in the UK and currently works and lives there.
My Fiancee Holds a South African Passport and cannot gain a UK Passport as none of her Grandparents where British.
We both Live and "work" in South Africa.
All our Income is earned outside of the UK.
Our Original Plan was to get married in South Africa and Immigrate after. Planning for early 2019.
We are immigrating for work reasons.
We both work Freelance in the film Industry.

We Earn below the required 18600 pound p.a mark (hence us immigrating) (Equivalent of 320 000.00 Rands)
We don't personally have 62500 Pounds saved (equivalent of 1 000 000.00 Rands)
We could possibly get a third party to sponsor us the money.

My Partner falls under Immigration Rules Appendix K: shortage occupation list
Table 1 - United Kingdom Shortage Occupation List
3416 Arts officers, producers and directors
(For a work Visa)

Would you recommend we go down the Spousal Visa route?
Are third Partner sponsors allowed to help financially on paper?
Would it be easier if my Fiancee Gets a work Visa?
We would be married by the time we immigrate, would that effect her getting a work Visa?
Would my Fiancee/ then wife be able to work should she gain a spousal Visa?
What would be the best option going forward?

We have contacted an Immigration Agency/specialists. Would you recommend we use Immigration Specialists with our case?

Thank you in advance for your time.

[Commodore]

Forgot to add.
If we where to combine our yearly income and it does meet the required 18600 Pound amount, would that count? Or do they only look at the sponsors income, ie my income?
Should I/we not earn the required yearly amount. Can we make up the shortfall with savings? If we are freelancers?
Thanks

[physicskate]

There are two routes to consider:
Family route (ie spouse visa)

Tier 2 (ie sponsored work visa)

They are completely independent of each other.

Family route - it is ONLY your income that is considered unless she is in reciept of non-employment income, like a pension. So you would need to move to the UK and be employed under PAYE for 6 months earning above £18600. Self employment would take at least a year of you in the UK and is far more demanding of paperwork.

Tier 2 - Your fiancee would need to find an empoyer that would sponsor her visa AND they have to be signed up with the HO to sponsor her. No self-employment allowed. Finding employers willing to sponsor (even if your fiancee is exempt from the RLMT, which if her specific job is listed she would be) is often difficult as it often requires the employer to jump through hoops and wait for considerabe lengths of time for paperwork to go through. By all means, try, but it is NOT an easy route.

[seagul]

Forgot to add.
If we where to combine our yearly income and it does meet the required 18600 Pound amount, would that count? Or do they only look at the sponsors income, ie my income?
Should I/we not earn the required yearly amount. Can we make up the shortfall with savings? If we are freelancers?
Thanks

That overseas income will online be allowed and considered if you have the confirmed job offer to commence within 3 months of return.

[Casa]

We Earn below the required 18600 pound p.a mark (hence us immigrating) (Equivalent of 320 000.00 Rands)

@seagul The requirement for the earnings equivalent to £18,600 in a 12 month period in the country of residence won't be met according to the OPs opening post.

[seagul]

We Earn below the required 18600 pound p.a mark (hence us immigrating) (Equivalent of 320 000.00 Rands)

@seagul The requirement for the earnings equivalent to £18,600 in a 12 month period in the country of residence won't be met according to the OPs opening post.

yes I have read it but I am explaining generally the second part which is to have confirmed job offer within 3 months of return.

[Casa]

We Earn below the required 18600 pound p.a mark (hence us immigrating) (Equivalent of 320 000.00 Rands)

@seagul The requirement for the earnings equivalent to £18,600 in a 12 month period in the country of residence won't be met according to the OPs opening post.

yes I have read it but I am explaining generally the second part which is to have confirmed job offer within 3 months of return.

Without the first part the second will fail, so there's no point in persuing this route in their current situation.

[seagul]

We Earn below the required 18600 pound p.a mark (hence us immigrating) (Equivalent of 320 000.00 Rands)

@seagul The requirement for the earnings equivalent to £18,600 in a 12 month period in the country of residence won't be met according to the OPs opening post.

yes I have read it but I am explaining generally the second part which is to have confirmed job offer within 3 months of return.

Without the first part the second will fail, so there's no point in persuing this route in their current situation.

Well its we know but we should also let to know the OP as well.

[Casa]

@seagul The requirement for the earnings equivalent to £18,600 in a 12 month period in the country of residence won't be met according to the OPs opening post.

yes I have read it but I am explaining generally the second part which is to have confirmed job offer within 3 months of return.

Without the first part the second will fail, so there's no point in persuing this route in their current situation.

Well its we know but we should also let to know the OP as well.

Not explaining the mandatory 'first stage' of overseas earnings could lead the OP to believe that they only have to meet the requirement to have a job offer waiting in the UK. The loss of the visa fee would be an expensive way to find out.

[physicskate]

Additionally, there would be complications due to being freelance currently.

[secret.simon]

To the OP, you have two possible choices.

a) Move to the UK alone, get a salaried job that earns more than £18,600 per year and then apply for your wife to join you after you have collected 6 months payslips and bank statements. Alternatively, if you work as self-employed, I believe that you will need to provide 12 months worth of proof for the earnings of the same amount.

b) Move to another EEA member-state (I think the Netherlands may be an option if you can speak Afrikaans) with your wife, without any salary requirement. Hopefully, it would then be easier to get a job that pays £18,600. You then have two further sub-options;

• i) Apply for a spousal visa exactly as you would in South Africa.

• ii) If coming to the UK before March 2019, returning under the Surinder Singh route, which has a different (non-salary based) set of requirements, but which requires you to have moved the "center of your life" to the other EEA member-state.

[seagul]

yes I have read it but I am explaining generally the second part which is to have confirmed job offer within 3 months of return.

Without the first part the second will fail, so there's no point in persuing this route in their current situation.

Well its we know but we should also let to know the OP as well.

Not explaining the mandatory 'first stage' of overseas earnings could lead the OP to believe that they only have to meet the requirement to have a job offer waiting in the UK. The loss of the visa fee would be an expensive way to find out.

First stage the op himself declare in its first and accepted himself of not being able to fullfill. So explaining him generally as second part either he can't fulfill as well wasn't bad idea but is relevant here. I don't think op would apply on that base and loose his fee as you over sensitively forecasted. If you wish can continue to assume things but op has been replied.

[Casa]

Without the first part the second will fail, so there's no point in persuing this route in their current situation.

Well its we know but we should also let to know the OP as well.

Not explaining the mandatory 'first stage' of overseas earnings could lead the OP to believe that they only have to meet the requirement to have a job offer waiting in the UK. The loss of the visa fee would be an expensive way to find out.

First stage the op himself declare in its first and accepted himself of not being able to fullfill. So explaining him generally as second part either he can't fulfill as well wasn't bad idea but is relevant here. I don't think op would apply on that base and loose his fee as you over sensitively forecasted. If you wish can continue to assume things but op has been replied.

With so much at stake, better to be safe than sorry when explaining a member's route to settlement and never assume they know the complete process, even if other members do.