U.K. Based sponsor, why does the partner visa ask if he has a job offer upon return?

[Scotianflyer]

Hello,
I’m a little frustrated with non-sensical questions that are asked in our visa application. I’m just going to deal with one at a time. I’m Canadian, he is British, we were married in Scotland last year. He has lived and worked in Scotland for the last 10 years, steady employment with a weekly paycheck. Why is there a question on the application asking if he has proof of a job offer upon returning to the UK? He has not left the UK. We met in Scotland, he works there, lives there, has livestock, has only been able to come to North America once to visit as a result of responsibilities at home. It is me who is applying to join him as my husband, him being the UK sponsor. If i answer ‘no’, he has not job offer, because he is already working, and is not ‘returning’ from anywhere, then where does that leave me? Am I using in the wrong application form? Ive restarted my application half a dozen times, carefully choosing my answers each time, and it still asks me to provide answers to questions that dont make sense. Thanks in advance for any advice! Laura

[CR001]

Depends what the questions were before this and what you answered. This question would usually follow if a person is relying on the British spouse non UK income AND having a job offer on returning to the UK. Also, make sure you are not declaring your overseas income in the form. Your income is irrelevant

Note we don't all have access to the online forms.

The form you need, which presumably you are completing, linked below.

https://visas-immigration.service.gov.u ... 1577027492

[Scotianflyer]

Thank you so much. Yes, when I click on that link, then choose Appendix FM Partner, it appears to take me to the same starting point of the current application I’m working on. I must be clicking on something wrong, as we are relying on his UK earned income. And yes, thanks, I understand that I’m not allowed to use my foreign earned income to count towards anything. Shame that.

[Scotianflyer]

I think where I might be going wrong is where they ask if we live together. I mean, sure, during the 6 months I’m allowed to be in the UK, but otherwise, no, as I’m working contracts in North America until I can obtain a spouse visa. Either way, it seems the next question is whether my sponsor will be traveling with me to the UK. Which, the answer must be ‘no’, as he is already there...

[CR001]

Don't state you live together.

[Scotianflyer]

OK, that finally got rid of the unnecessary questions of whether he has a job offer upon his return. But then it asks WHY we dont live together. Am I ok admitting that we DO live together during the 6 months or less that I’m legally allowed in the country? I mean, we share council tax and grocery/fuel expense when I’m there, and they also want that sort of thing as proof that we’re in a legit relationship. We are married after all. I’m so worried about putting the wrong thing down, and that it will be misinterpreted as me trying to live there illegally or something, which I am not, and have not.

[Korekt]

Try and take the view that you're applying from outside the UK. Regardless of where in the world you're completing the form, even if in the UK, the application itself is deemed as an application from outside the UK.

[Scotianflyer]

Thank-you. I am in fact currently outside the UK, but I still use our UK address as my permenant address, even though I only live there 6 months out of the year. It’s complicated, but when I’m back in North America on contracts, I live in hotels. Ive been living in hotels since meeting my husband, so our place in the UK is truly my only stable address. Is that going to be a problem? Can I not use the UK as my address in my application?

[Korekt]

I'm unsure about that. I'm not aware of anyone who's had to do that. It might not matter but I don't know and I'm unsure if that and similar answers is contributing to the questions you are subsequently being asked.

An address from the country you're deemed to be applying from could simplify things.

[Casa]

You will run into a problem if you declare your main address as being in the UK. You are not permitted to 'reside' in the UK while here as a visitor. You need to convince the Entry Clearance officer that your time spent in the UK has genuinely been as a visitor i.e Not living here.

By the way, as a visitor you shouldn't be spending more time in the UK than you are spending in your home country in a 12 month rolling period.

[Scotianflyer]

Thank you both very much. I guess Ill use a Canadian address. But I still feel it presents me with another quandary. They want proof of a relationship, and shared expenses, and so when I’m in the UK, I’m on his council tax, and I pay my share. If I’m not allowed to be living there, why or what kind of evidence are they looking for? Should I leave the shared council tax bill out of our application? What can I show as proof of shared expenses if I only come over to ‘visit’? I’m finding it really hard to figure out what they want from me. I’m a legit spouse in a legit relationship who just wants to get on with life with him, together, in the UK.

[Scotianflyer]

Nooooooooo... and now it’s back to asking me to fill in all the details of his upcoming employment offer, start date, etc etc. Where can I be going wrong? He’s been self-employed for 10 years, it’s just business as usual, but now I’m stuck on having to fill out another page that makes no sense

[Scotianflyer]

And please help me clarify something I just read... my husband and I have been waiting for April 5 2020 for his self-assessment, so we can use his income from April 2019- April2020. If I submit my application late April this year, according to what I just read on migrate.Org.uk, then I can only use his April2018-April2019 tax return? That cant be accurate, is it?

[Casa]

And please help me clarify something I just read... my husband and I have been waiting for April 5 2020 for his self-assessment, so we can use his income from April 2019- April2020. If I submit my application late April this year, according to what I just read on migrate.Org.uk, then I can only use his April2018-April2019 tax return? That cant be accurate, is it?

This is official guidance on self-employment:
9.1. Category F: Last full financial year
9.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to
work) is in self-employment, or is either the director or employee (or both) of a specified
limited company in the UK, at the date of application, they can use income from the last
full financial year to meet the financial requirement.
AND
9.3.3. The evidence submitted must cover the relevant financial year(s) most recently ended.

https://assets.publishing.service.gov.u ... df#page=58

However, do be aware that the qualifying income level for self-employment is taken as the net amount after all allowable business expenses have been deducted. In other words, the figure on which HMRC calculate tax due.

[iwolga]

Thank you both very much. I guess Ill use a Canadian address. But I still feel it presents me with another quandary. They want proof of a relationship, and shared expenses, and so when I’m in the UK, I’m on his council tax, and I pay my share. If I’m not allowed to be living there, why or what kind of evidence are they looking for? Should I leave the shared council tax bill out of our application? What can I show as proof of shared expenses if I only come over to ‘visit’? I’m finding it really hard to figure out what they want from me. I’m a legit spouse in a legit relationship who just wants to get on with life with him, together, in the UK.

If I were you, I would hide council tax papers as far as possible and definitely would not be showing them to HO. As long as you don’t have valid residency documents, in the eyes of officials you cannot be living in UK. So saying that you do (and giving them proof of that) is close to a suicide mission. So far you are only visiting your husband. There’s no requirement to show shared expenses either.

You need to have photos, WhatsApp messages, proof of holidays spent together. Basically, you need to show your relationship is real.