Question re Cat B return to the UK route for spouse

[ruirui]

Hi All.

Thank you for taking a look at this question and thanks in advance for any replies.

I am preparing my spouse's application for clearance to enter the UK under form VAF4A and appendix 2 (financial requirement).

I want to fulfill the financial requirement under "Category B: less than six months with current employer or variable income - overseas sponsor returning to the UK", as outlined in the Immigration Directorate Instructions on Annex FM S.FM 1.7.

I last worked in November 2013 in China, so I can't qualify under any other route. My salary from the last 12 months is enough to meet the financial requirement.

I last entered the UK in February this year to find a job and have now found one starting at the end of April. I am now in a position to get my wife's application in for her to join me. I don't want to wait six more months for her to join me.

My question is this. I am currently in the UK but can I still qualify under the Cat B 'sponsor returning to the UK' route? I would argue that I am not currently permanently resident in the UK. I am not sure if the UKBA would require me to actually enter the UK at the same time as my spouse?

I notice a box on form VAF4A that asks if I, the sponsor, am returning to the UK with her. Should I tick this even though I am currently in the UK? I am planning to come in with her from China when she enters (in June if possible), to help with moving all our stuff from abroad and to be with her when she crosses immigration.

Thank you for any advice on this difficult question. I will let you all know how I get on in any event.

[SoHopeful]

I believe you would meet the financial requirements at least. You just need a letter of employment and contract for your new job and the bank statements and payslips from your previous job.

[ruirui]

I believe you would meet the financial requirements at least. You just need a letter of employment and contract for your new job and the bank statements and payslips from your previous job.

Thanks for the reply SoHopeful. I think I am covered in terms of meeting the financial level and providing documentary evidence that I have done so. My main worry is that I could be deemed to have already 'returned' to the UK and that I will need to work here for 6 months and apply under the 'partner resident in the UK' route.

I am going to have a try any way in around 2 weeks but would be great to hear from any one that has had experience of applying under similar circumstances.