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A spouse visa is a settlement visa when applied for abroad, valid for 2.5 years and renewable!!anniecc wrote:How long have you been living outside the UK? A 'settlement visa', also known as indefinite leave to remain, is only possible if you are currently residing in the UK. Do you mean a spouse visa?
If you're British, you have the right to return to the UK whenever you want. For your wife to be able to accompany you you'll need to meet the financial requirements. So if you want to return to the UK and look for a job, she won't be able to join you until such time as you meet the financial requirement. In practice that's likely to mean a separation of 6-12 months.85 East wrote:We're planning to return to the UK later this year, and will be applying for a spouse/settlement visa. We have some savings, cash and planned sale of UK property, which will mean there I will require an annual income of approx 4700 GBP to meet the income criteria, and have been employed overseas with a salary of over GBP 18600, but have some questions.
- We currently reside in a 3rd country, so she will return home to apply. Do I have to have the offer of employment for the UK whilst still overseas, or can I return to the UK, and get a job within 3 months and submit this as evidence of employment in the UK?
Once a job offer is accepted, and the proof submitted, is there any requirement that I stay in that job for a given length of time?
Correct. The only relevant factor is the salary level.I presume that a job offer wouldn't have to match qualifications? E.g. A brain surgeon is free to gain UK employment in a garage, or as a computer programmer?
Thanks, presumably if I can provide evidence of having received a salary above GBP 18600 for the last 12+ months overseas and have a signed contract for a job in the UK I don't have to wait to fulfil the UK requirements?anniecc wrote:If you're British, you have the right to return to the UK whenever you want. For your wife to be able to accompany you you'll need to meet the financial requirements. So if you want to return to the UK and look for a job, she won't be able to join you until such time as you meet the financial requirement. In practice that's likely to mean a separation of 6-12 months.85 East wrote:We're planning to return to the UK later this year, and will be applying for a spouse/settlement visa. We have some savings, cash and planned sale of UK property, which will mean there I will require an annual income of approx 4700 GBP to meet the income criteria, and have been employed overseas with a salary of over GBP 18600, but have some questions.
- We currently reside in a 3rd country, so she will return home to apply. Do I have to have the offer of employment for the UK whilst still overseas, or can I return to the UK, and get a job within 3 months and submit this as evidence of employment in the UK?
the applicant‟s partner must also have a confirmed offer of salaried or non- salaried employment in the UK, starting within 3 months of their return.
anniecc wrote:If you're British, you have the right to return to the UK whenever you want. For your wife to be able to accompany you you'll need to meet the financial requirements. So if you want to return to the UK and look for a job, she won't be able to join you until such time as you meet the financial requirement. In practice that's likely to mean a separation of 6-12 months.
@ruiruiruirui wrote:
[...]Your response to 85East that I have quoted here seems to answer the question I asked in this thread:[...]
I don't have the rules with me but I don't seem to recall any thing in there that requires your spouse to apply from her own country. Are you sure that your spouse needs to return to her own country to process the application? This doesn't apply in my situation but it sounds like a huge hassle.85 East wrote:I would be interested to find out how you get on, our situation is further complicated by the fact we live in a 3rd (non-EU) country, so my spouse will have to return to her own country to process the application.
What happens if someone on a spouse visa,granted under old rule pre july 2012, seeks extension, does he need to satisfy English requirement again also the financial requirement under the new rules?CR001 wrote:A spouse visa is a settlement visa when applied for abroad, valid for 2.5 years and renewable!!anniecc wrote:How long have you been living outside the UK? A 'settlement visa', also known as indefinite leave to remain, is only possible if you are currently residing in the UK. Do you mean a spouse visa?
Just to let you know that we received our visa without any problems.85 East wrote:@ruiruiruirui wrote:
[...]Your response to 85East that I have quoted here seems to answer the question I asked in this thread:[...]
My interpretation is that there has to be some degree of flexibility in the 'returning resident' route. I would not think that entering the UK is counted as returning, and certainly for HMRC purposes there are distinctions between being resident and non-resident. Practically there will also be very few cases where the sponsor is able to organise a job, and housing, together with all the required documents without having to enter the UK at some point. Given that UKBA ask for a confirmed job offer I would also presume there has to be some further flexibility as there is no guarantee of when UKBA will return your wife's passport, and I guess you will have to return to the UK by a certain date in order to take up employment, otherwise you will loose the work.
I would be interested to find out how you get on, our situation is further complicated by the fact we live in a 3rd (non-EU) country, so my spouse will have to return to her own country to process the application.