So now the hard work and worry begins again!!!!

[brinormeg]

And the questions
Unfortunately we couldn’t get our application in before the changes to the immigration rules so now are in a panic that we might be refused…..our story so far and any opinions or advice appreciated..........

Met here in the UK at our work and dated for 1 ½ years. With me staying with her in her company house while she worked as a carer while on a student visa.
We have evidence of joint bills and of our relationship here in the UK during that time and of the constant contact since returned in march!

After the 2 years were up she didn’t get the full qualification required to stay so had to return to the Phil before she over stayed.

I went there and married her in June and now we are applying for her spouse visa so she can come back to stay with me.

We have evidence she has a definite job offer to return to with her previous Manager working within the same place as me. A letter from the company states her pay and conditions on her return to the UK and guarantee of a job.

We have a letter from our company that they will give us sole use of the company 3bedroom house for us to move into as man and wife.

The biggest issue under the new rules that I can see is my earnings?????

My P60 earnings with a little overtime and bonus were £18760 just above the £18600. |
Only issue is that my earnings before deductions work out at just under the £18000 mark without extras.

Another thing we are unclear about is that do they have to take into account her guaranteed job offer and stated minimum salary of £14000 ?????

One further issue is that I have two children 11 and 8 years old to a previous relationship for which I pay for via the CSA…
Will they look unfavourably at this and count this off my earnings??????

Thanks in advance for your opinions and advice once again

[Terpe]

Hi brinormeg

Unfortunately, and as you fully realise, the major challenge to overcome is that of your income.

Firstly, this new financial requirement of minimum £18600 is set as THE ONLY threshold.
There is no 'balance sheet' review on personal finances that take any account of outgoings (mortgage,credit card maintenance payments and other debts.
In other words no affordability analysis at all.

Secondly UKBA will not take into account the previous, current or prospective employment and earnings, or any job offer, of the migrant applicant at the entry clearance stage.

This is all closed up by the strict requirement for submission of evidence of meeting the financial requirement in the 6 months (or 12 months) prior to application.

I know this may not be what you had hoped for. But at least you know what needs to be done.
It seems you are not far away from reaching that minimum threshold so have a reasonable chance to find ways to get there.

Any amount of savings you have above £16000 can be used against any shortfall in income.
For example if you were say £600 short on income then cash savings of £17500 (£16000 + (£600x2.5)) would be needed.

Hope this helps to clarify

[brinormeg]

Unfortunately have no savings
Application filled in and documents etc handed in and on the way to be processed now!!!!!!
So just a waiting game to see if my wife will be allowed to be with her husband or not!!!!!

[Terpe]

Unfortunately have no savings
Application filled in and documents etc handed in and on the way to be processed now!!!!!!
So just a waiting game to see if my wife will be allowed to be with her husband or not!!!!!

My very best wishes and prayers go to you both for a great outcome.
Hope so much you can make it
God Bless.

[Iani]

Well, I think you will be ok.
Your P60 shows you earned in the last year in excess of the income requirement - and overtime IS included. It doesn't matter that your base pay is less than this, because you did earn more.

Your children in a previous relationship doesn't affect your application either - only if you were sponsoring HER children. You aren't, so you can forget worrying about that.

Frankly, you seem to be in the clear

[tiger31]

i thought you wer,nt allowed to work on a student visa

[andy222]

Well, I think you will be ok.
Your P60 shows you earned in the last year in excess of the income requirement - and overtime IS included. It doesn't matter that your base pay is less than this, because you did earn more.

Your children in a previous relationship doesn't affect your application either - only if you were sponsoring HER children. You aren't, so you can forget worrying about that.

Frankly, you seem to be in the clear

Overtime is included? This is where it gets confusing. As overtime is not guaranteed. Or thats what I thought.

[brinormeg]

i thought you wer,nt allowed to work on a student visa

Overtime is included? This is where it gets confusing. As overtime is not guaranteed. Or thats what I thought.

Students were only allowed to officially work 20 hours paid as in a work experience under that visa.

Yeah i read on the ukba guidance notes for the officers that overtime bonus etc had to be taken into account

Still worried though because its early days of the new rules being introduced and you just cant be certain of anything