Applying for Spouse Visa after 6month

[Bucki]

Hi all

Hope to find some advise as my mind is blowing

Basically, I been going out with this girl back home for a while,
and will get married within next 6 month ...

THE ISSUE / PROBLEM

I recently completed my university and am unemployed ... and of course looking for work that matches the £18.600 requirement. As we all know, it is not easy to get a well/high paid job, nowadays ( I aint complaining but that is a fact ).

Never the less, there is a potential opportunity nearby where I live.
There is a guy running his own business and looking for someone in Office & Car Garage etc.

I do not know how much the payment would be ... but but I am guessing round £400.00 (BEFORE TAX) per week. ??!

Never the less ... my question is:

- Could I potentially start working there (at that business)
- Then apply for a spouse visa after 7 month of work, even without the P60 ??

Is this possible and would this be right under the HomeOffice regulations???

Some say "NOOOOO!! You will have to work for 1 year at a current employer till you get P60 and then make application"
I hope this is not right and that I been misinformed!!


Please advise ..... THANK YOU

[Bucki]

Please note:

I assumed that I would have all the other requirements in place:

- Work Contract
- Property inspection
- Proof of our relationship
- Marriage Certificate
- 6month bank statement
- 6month payslips
- any other savings maybe??

** correct me if I missed anything else, that is important **

[Rayking]

Yes you can!you can apply on Cat A,as long as your income is equal or more than 18600.
If salaried employment, make sure your income is at least 1550 a month.
If non salaried, the amount doesn't matter as it can be flexible, but it must be equal or more than 18600 as well.
* "There's a guy running his own business " be careful he pays your taxes and insurance every month as this can have an impact on your application.
I also hope you've met the lady as you need to fulfill that requirement as well.

[Bucki]

Yes you can!you can apply on Cat A,as long as your income is equal or more than 18600.
If salaried employment, make sure your income is at least 1550 a month.
If non salaried, the amount doesn't matter as it can be flexible, but it must be equal or more than 18600 as well.

You confused me with the 2nd and 3rd line :/
can you clarify for me please??

also, check that my other listing is accurate or anything is required off me ?

[MPH80]

What he means is that if you're paid a flat monthly salary regardless of how many hours you work (salaried) then you have to be earning more than he stated.

if you are paid an hourly wage - you have to make sure you're earning over the threshold each month - e.g. more than those hours.

[Rayking]

Well,I suggest you also read some of this technicalities and with time you get used to them
Salaried employment is your income you get irrespective of the numbers of hours you do,that means you'll still be paid the amount anyway.
Non salaried is what you get paid hourly and base on numbers of hours worked.

Your girlfriend will need to fulfill English language requirement, I believe you know this?

[Bucki]

What he means is that if you're paid a flat monthly salary regardless of how many hours you work (salaried) then you have to be earning more than he stated.

if you are paid an hourly wage - you have to make sure you're earning over the threshold each month - e.g. more than those hours.

To be honest ... I never knew that such payment existed!!
Basically to work as much as u want ... high hours or low hours but yet always get same payment ?!! mmm interesting.

I do not think, that he would pay same salery each week/month despite how many hours I would work.
It is same as everywhere else, paid per hour ... example £10 per hour - Monday to Friday = 9am - 5pm = 40hr per week.

In that case, as from what I calculated would be: £400 per week / £1600 per month / £19200 per year

Bearing in mind, that this is without putting any additional hours on Saturday or Sunday.
Not sure if overtime would count or not ... ???

if you are paid an hourly wage - you have to make sure you're earning over the threshold each month - e.g. more than those hours

- still not sure what u mean by "more than those hours" ... sorry, I am lost

[Bucki]

Well,I suggest you also read some of this technicalities and with time you get used to them
Salaried employment is your income you get irrespective of the numbers of hours you do,that means you'll still be paid the amount anyway.
Non salaried is what you get paid hourly and base on numbers of hours worked.

Your girlfriend will need to fulfill English language requirement, I believe you know this?

In this case then, it would be the "non salaried" meaning, I be paid on worked hours , example £9.50 per hour for 40hr per week
but this would not fulfill the 18.600 per year ........ so, I would have to do overtime on every Saturday, I guess! (this is just a scenario)

Yes, she already passed the A2 Level in KET

[MPH80]

What he means is that if you're paid a flat monthly salary regardless of how many hours you work (salaried) then you have to be earning more than he stated.

if you are paid an hourly wage - you have to make sure you're earning over the threshold each month - e.g. more than those hours.

To be honest ... I never knew that such payment existed!!
Basically to work as much as u want ... high hours or low hours but yet always get same payment ?!! mmm interesting.

I do not think, that he would pay same salery each week/month despite how many hours I would work.
It is same as everywhere else, paid per hour ... example £10 per hour - Monday to Friday = 9am - 5pm = 40hr per week.

In that case, as from what I calculated would be: £400 per week / £1600 per month / £19200 per year

Bearing in mind, that this is without putting any additional hours on Saturday or Sunday.
Not sure if overtime would count or not ... ???

if you are paid an hourly wage - you have to make sure you're earning over the threshold each month - e.g. more than those hours

- still not sure what u mean by "more than those hours" ... sorry, I am lost

Most office jobs are like that. They pay a flat wage to do a job. The contract will say 'based on 40 hours' - but will then explicitly rule out overtime payments. You'll then find most office based workers are doing more than 40 hours a week for no more money.

All I was trying to say on the 'hours' comment was that you have to make sure you're getting sufficient pay each month.

[Bucki]

Hi Again

Please advice:

Can I get a job with 16K per annual and then have 4K as saving ?!
Will this work out for the application???

Let's say, I start a job today ... will I have to get a (permanent) contract from day one
in order to apply for a Spouse Visa after 6 month of work?!

Will I need a work contract ?? or can it be a letter stating that I work at such and such etc etc.

[Obie]

Contract does not have to be Permanent. It could be agency, permanent or fixed.

A 4K savings will not count.

To be able to use 4k as a saving that can be added to your earning, you will need to have held 26k in your account over 6 months.

[Casa]

Only savings over £16,000 will be considered. If you have no written contract you will have to submit a letter from your employer on company headed paper, confirming your salary, working hours and job description.

[Bucki]

OBIE + CASA

Thanks for ur reply
Though it is very sad and frustrating

I am struggling to get a job ... and that with over 18.600K a year.

do not know, where I am going to end

[Bucki]

It could be agency, permanent or fixed.

Hmmm Agency too ??
Basically, I could work through agency all time and yet be able to apply ... ??!

Would the overtime count, in order to get over 18.600K ?
Do not think that, agency payment is that high, hence why probably needed to work overtime .

[Bucki]

To be able to use 4k as a saving that can be added to your earning, you will need to have held 26k in your account over 6 months.

I have 13K as saving over 6month ago tho ... which I saved from all sources that I could possibly get.
But yeh, guess even 13k won't do be much of use

[Obie]

Yes, 13k will be of no use. It will be completely ignored.

Yes you can combine overtime earnings, that could come under Cat A as non-Salaried payment.

Are you a British?

[Bucki]

Yes, 13k will be of no use. It will be completely ignored. Are you a British?

Yes, got British citizenship since 2008

Is just that I am struggling to find a job, tho' I recently graduated

[Bucki]

By the way ... what if I started work today and after 3 months, I find a better paid job.
Can I still go to that new job, and yet be able to include the working period from 1st job ?!

u know what I mean , dont u ?!

[SoHopeful]

You can but you would have to use Category B which is over a period of 12 months. It may be quicker to just start the 6 month count again if you change jobs.

[Obie]

I agree with the above.

Just to add, the option is open to you to move to another memberstate with your wife, work or establish a business there and return to the UK after a period.

[Bucki]

You can but you would have to use Category B which is over a period of 12 months. It may be quicker to just start the 6 month count again if you change jobs.

Are you sure, that I could work 3 months through an agency at a Bakery for example,
and then work another 3 month somewhere else, since there was no more job at the first place.

Other alternative: work 3 month via agency and then get a contract from the job place, and continue working for another 3 or 4 month.

Would this count at all ??
Somehow, I doubt it would be acceptable ... or am I wrong!

[Bucki]

I agree with the above.

Just to add, the option is open to you to move to another memberstate with your wife, work or establish a business there and return to the UK after a period.

Ermmm doubt that would work, because the country where she is from , is not part of EU (EEA) Member,
and she cannot travel anywhere in EU (places like germany, italy, france) without a visa ... like the greeks can travel freely.

So, I do not think that the method of moving to another state, would be useful.
And even if that is possible: would I not be required to fulfill the £18.600 anymore??

Mater of fact, speaking of this method:

I got a friend whose futuer wife is from Greece, ( think ) and he is british.
He said that he be going to Italy for a visit, whilst she is staying in Italy for a period of time,
then get her married in Italy but then coming back to UK and make a request/application for her to move to UK.

Now, how does that work ... is it possible??
and if yes, would he not be eligible for the finance requirement ??
Maybe because greece is part of EEA


I THANK YOU GUYS SOOOO MUCH
You really gave me some good advice

[Obie]

To qualify under Cat B, you will not only need to show that over the 12 months period, total earning was 18600 or exceed, you will also be required to demonstrate, that at present, your job or the combination of your jobs will get you within the 18600 margin.

[Rayking]

No,explanation given is if you've been working somewhere else over six months or more and for instance you got another job.
If you work 3 months and you've not been working before then it's not possible.
Cat A,work 6 months and meet annual income of 18600 * one employer
Cat B,work 6 months to 12, meet 18600 * could be one employer or as many,as long as you've earned 18600 in the past 12 months.

[Obie]

Slight modification is needed on you advise as I stated above.

For Cat B, a person does not only have to show that they earn 18600 over 12 month, but also that their current gross annual earnings will be 18600 or over.