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Spouse Visa 2 Questions Job and Overstay

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Kangabloodyroo
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Spouse Visa 2 Questions Job and Overstay

Post by Kangabloodyroo » Sat Oct 24, 2015 7:35 am

Hi all
I have been offered a job in UK over the 18k required and been in my current role overseas for 6 months earning way over this amount, approx GBP salary is about 35k. This should be ok for my wife's visa requirements.

Can anyone answer me this? What are the stipulations that you start the job you have been offered? Is there any follow up, or can the offer be used to secure the visa, and then a job found in a different area on reaching the UK? Job is 100% legit, just location is not ideal.

Also my wife has a previous overstay (completely unintentional as we thought we had 28days after visa expiry to leave, old spouse visa, overstay14 days). Will this affect the decision of the new application? Hoping that a previous visa and employment for us both previously in UK can on be favourable, but unsure.

Appreciate any advice, thanks.

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Re: Spouse Visa 2 Questions Job and Overstay

Post by Casa » Sat Oct 24, 2015 10:01 am

As long as the job is legitimate and your intention is to take up the position within 3 months of arrival, you can change employment if you have a better offer once you arrive. What you can't do, is submit false evidence of a job that doesn't exist just to get the visa. Bear in mind the minimum annual income level is £18.600, not £18.000.
Your wife can't be refused a spouse visa due to her short overstay. There would only be a problem if she had 'frustrated the Immigration rules' by using deception/false papers etc.
Ensure your wife has passed the relevant A1 level pre-entry English test on the new approved list of tests/test providers, unless she is exempt. Also she will need to pay the new NHS surcharge online of £600 in addition to the visa fee before submitting her application. Once the visa is issued she will have to enter the UK within 30 days and collect her Biometric Permit within 10 days of arrival.
(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.

Kangabloodyroo
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Re: Spouse Visa 2 Questions Job and Overstay

Post by Kangabloodyroo » Sat Oct 24, 2015 10:36 am

Thanks for this. English test and NHS payments won't be required as she is Australian (language ok and reciprocal health agreements. Job is £22k so well above. Seems we may be good to go!

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Re: Spouse Visa 2 Questions Job and Overstay

Post by Casa » Sat Oct 24, 2015 11:03 am

It looks like you are! Good luck!
(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.

Kangabloodyroo
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Spouse Visa With Job Offer, Contract Issue

Post by Kangabloodyroo » Tue Nov 03, 2015 1:49 am

Hi, I have managed to secure a job offer from the UK with a contract and letter of offer sent through which is great.

The only issue is that the contract does not have a start date on it. The role will start in January but dates have still to be determined.
Will UKBA accept this contract? I was thinking that I could confirm a start date by email with the employer, and attach the email trail to the contract. I will also show my emails with recruitment agency and flight confirmation for when I attended an interview.

Just concerned they may refuse due to the missing info on the contract?

Can anyone with more knowledge than me advise me on this please?

Thanks

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Re: Spouse Visa With Job Offer, Contract Issue

Post by CR001 » Tue Nov 03, 2015 6:26 am

Are you the British spouse or the visa applicant?
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Re: Spouse Visa With Job Offer, Contract Issue

Post by Kangabloodyroo » Tue Nov 03, 2015 7:05 am

I'm the British spouse.

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Re: Spouse Visa With Job Offer, Contract Issue

Post by CR001 » Tue Nov 03, 2015 7:06 am

Are you in the UK or planning on moving back with your spouse?
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Re: Spouse Visa With Job Offer, Contract Issue

Post by Kangabloodyroo » Tue Nov 03, 2015 7:29 am

Sorry CR, in Oz and planning on moving back. Been with Oz employer 6 months earning over the threshold, have secured a role in UK earning over the 18600, and will be submitting application for visa in couple of weeks time.
Wife is from Oz and has held spouse visa previously.

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Re: Spouse Visa With Job Offer, Contract Issue

Post by CR001 » Tue Nov 03, 2015 7:33 am

Likely that you will need a letter with an indicative date of start of employment. Also, due to the nature of the move from Oz, they could state slight flexibility.

Does your spouse have any British born grandparents by any chance?

Are you aware of the health surcharge your spouse has to pay on top of the visa fee?
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Re: Spouse Visa With Job Offer, Contract Issue

Post by Kangabloodyroo » Tue Nov 03, 2015 7:42 am

Thanks will try get them to agree a date and email me the updated document.

No grandparents and no NHS payment for Australians, due to reciprocal agreements.

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Re: Spouse Visa With Job Offer, Contract Issue

Post by CR001 » Tue Nov 03, 2015 7:45 am

Apologies, of course yes, no IHS payment due. Pity about grandparents as easier route to the UK.
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VAF4A Appendix 2 Question

Post by Kangabloodyroo » Tue Nov 24, 2015 9:46 am

Hi all

May seem a bit stupid but having issues with Appendix 2 :?

I am going for category A, 6 months working in Oz plus job offer, but I am confused with the layout of the questions.
3.3 complete part 3B and choose Category A, is fine.
Part 3B has parts relevant to both Cat A and B. Do I just fill out anything to do with Cat A?
Question 3.31 asks about overseas employment in last 12 months and then Cat B in brackets. Can I ignore this even though I worked in UK until end of December 2014. The flow of the questions suggest it needs filled, but I am applying on Cat A only so can't see how this is relevant.

Sorry if this seems obvious, but it's driving me nuts.

Thanks

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Spouse Visa Granted Just One Question Re Job

Post by Kangabloodyroo » Wed Dec 30, 2015 1:22 am

Hi all

So big changes in 2016 with my better halves spouse visa coming through OK.Yeah for us.

My only question is in regards to my job offer in the UK. Does anyone know if there are any possible implications if I do not start the role I advised on my application? The role is supposed to start in January, but the visa has been issued for starting March (we were advised to change the date on the visa start as it could take months for the application to be assessed).

I am happy to stay put here until its time to go in March, but not if it affects the visa. If that's the case, I really don't know what we can do., apart from me go early and leave the girls to do it all, which is not ideal.

Hopefully we have someone in the know within the site!

Cheers

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Re: Spouse Visa Granted Just One Question Re Job

Post by Kangabloodyroo » Fri Jan 01, 2016 1:43 am

Just a quick check to see if anyone can advise on whether the job must be started after visa issued, please?

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Re: Spouse Visa Granted Just One Question Re Job

Post by Casa » Fri Jan 01, 2016 10:36 am

In my opinion, it would be wise to continue with the original employment. Even with a valid visa, the Immigration Officer at the port of entry can make additional checks (i.e phone calls) if they choose to do so and there may be a risk of the 'job offer' being considered as false, solely to obtain the visa. Also bear in mind that alternative employment may not be easy to secure in a relatively short time and unless you have savings, it could be tough supporting your family in the UK in the meantime.
As the saying goes, 'a bird in the hand is worth two in the bush'!
(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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