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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi Thom, This is urgent as we already paid UKBA and have to

Resolved Question:

Hi Thom,
This is urgent as we already paid UKBA and have to send the docs on Friday.
My husband has a job offer and 22K of cash savings, BUT he did not have any sort of income last 12 months, as he was on a sabatic time. So, can we apply anyway? Under what category? If not, what would be an other option?
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  Howard replied 9 months ago.
What type of application have you paid for?
Customer: replied 9 months ago.

Settlement visa as a wife

Expert:  Howard replied 9 months ago.
I assume that he is a British Citizen and that he has been and is currently outside the UK?

Guidance for the Financial Requirement can be found here (pay particular attention to section 5.4):

http://bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

The issue will be the lack of income in the 12 months prior to submission of the application unless the requirement can be met by the level of available savings.

He might need to come to the UK on his own and work for 6 months before you can apply but you should have a look at the guidance I have linked above as you know his situation better than I do and then come back if you have further questions.

Please remember to rate the service that has been provided - you will still be able to ask questions after this and I will be happy to help.
Customer: replied 9 months ago.

Please, could you please give me more info on that


"unless the requirement can be met by the level of available savings."


 


He has a job offer of 21k and cash savings of 22K, is it enough?

Expert:  Howard replied 9 months ago.
Is he in the UK or with you in Argentina?
Customer: replied 9 months ago.

Sorry, he is british and is with me in Argentina. He has not being working last 12 months (I did, but it seems it doesnt count), he has a job offer and he has 22k of cash savings.

Expert:  Howard replied 9 months ago.
The savings level will not be sufficient to be of any particular benefit.

He will have to return to the UK and start his job. You can then apply once he has earned at a sufficient level for 6 months with a salary of no less than £1,550 gross for each month.

Unfortunately these rules are rather unreasonable in my opinion but there is no way around them if he wants to start his job in the UK.
Customer: replied 9 months ago.

Wow, I'm shocked. After speaking to an other agency 2 months ago and they advised us that only the job offer would be ok, we got all the other docs together, such as english test, job offer, etc. and scheduled the appointment at the consulate, and now we receive this info :(


What do you recommend us to do? We already paid and scheduled the appointment, but as you are saying, it s gonna be denied if he wasnt working here before? Should I send the docs anyway? Is there a way to get my money back if I didnt went there yet to put my fingerprints?


 

Expert:  Howard replied 9 months ago.
That is frustrating.

Please see the following page for cancellation and refunds:

http://www.visa4uk.fco.gov.uk/refundrequest.aspx

There would seem no point in submitting an application that will be refused. See section 5.4.3 of the guidance that I linked to for confirmation of the rule.

I appreciate that it is upsetting to get bad news but I would appreciate your rating of the service I have provided. You will still be able to ask further questions if you need to do so.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.

Hey Howard,


I think we have found an other way, please check if this will work:


 


* Temporary work from last year of 7k (1 invoice + bank statement to prove) + the Job offer of 21k starting in Feb.


* Rental income of 7k (mortgage deeds, rental contract + bank statement)


* 29k on cash savings (bank statements)


I also have some more savings in brazil but it would not help us reach the 62k



Do you think it would work? Would you recommend me to apply then?



Thank you

Expert:  Howard replied 9 months ago.
You had stated that he did not have any income of any type for the last 12 months?

£29,000 savings would need to be held for at least 6 months. The lowest amount held during the 6 months prior to the application is the amount that can be considered. You take £16,000 away from this to leave £13,000 and then divide this by 2.5 to give an amount of £5,200 that can be considered.

You can use the rental income of £7,000 and the temporary work of £7,000 IF this was earned by the British Citizen and this would then give an amount of £19,200 and you have the potential to apply.

The income needs to be fully evidenced and if the work was as a self-employed person then you should take careful note of the requirements for this as quite a bit of evidence is needed and careful note needs to be taken of the earnings period to be considered. This is covered in some detail in the guidance that I linked to.
Customer: replied 9 months ago.

Thank you,

 

Also,

 

(i) Can I use bonds as a form of cash savings or other form to cover the rest, if necessary? It was in my savings accounts for more than 6 months and I had transferred to bonds 2 months ago?

 

(ii)Part of the savings came from rental income. Can I count it as cash savings too? We received the money but didnt use it. Can we count 7k of rental income + 7 k of savings (that came from rental income)?

 

Thank you,

 

Bebel

Expert:  Howard replied 9 months ago.
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