Category A UK spouse visa query...

[markson]

Hi,I'm glad to find this board and the vast amount of useful information it contains.

I'm a British born ex serviceman who's always lived in the UK,and I wish to apply for a UK spouse visa for my non-EU Ukrainian wife to join me here in the UK.I understand the rules of appendix FM/SE pretty well,and due to my current circumstances have fallen foul of the stringent requirements. However,I believe I am now in a position to apply,but have one query to which I'd be most grateful to receive advice and/or opinions on.

I want to apply under category A,as I spent a fair amount of time with my Wife in Ukraine and had to find work in order to provide 6 months payslips to satisfy the income requirements.I look after my young son here in the UK,although he doesn't live full time with me,so I have taken a position based on 30 hours a week plus overtime.The average monthly income from this has been around £1640 pcm,although it varies a little.I fulfil all other visa criteria.

My reading of the category A income requirements are that they are a mean average over 6 months,divided by 6,multiplied by 12. My basic is below £18,600 but the average,with overtime,is quite comfortably over.Prior to our marriage,she had a visitor visa rejected on the basis she wouldn't return to Ukraine after her visit.We have lots of relationship evidence of our time together,including time in The Netherlands where we meet because she cannot come to the UK.

The query I have is this: do I definitely fit the criteria for category A (I believe I do) and is it wise to show 7 month payslips so I can show the income levels are 'continuing' (including overtime)? I'm weekly paid so in effect I could apply after 27 weeks,but is this a wise move or should I wait another full month? I can show an employers letter,contract etc from my employer,a major national company,and my wage slips evidence my income. ecause f

Any opinions would be greatly appreciated.Many thanks and good luck to all those going through this very stressful and unnecessarily restrictive process.I feel very let down by the country I was once proud to serve in the military,because these rules penalise me as a devoted Father trying to do the best for my son.All I'd like is to have my Wife here with me after 2 years of separation because of these rules.

[seagul]

You have answered your query yourself because you look like a knowledgeable person towards spouse visa income threshold. Your partner's past visa refusal won't affect spouse visa application which would be dealt on merit basis. And if you had serve the UK military then no harm to indicate it in additional information section on form although it might not influence the application but maybe the caseworker like it.