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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6449
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello. I have been living in the UK since 2009. First as a

Resolved Question:

Hello. I have been living in the UK since 2009. First as a student, then on a post study work visa. I have been with my partner since August 2011 and living with him since February 2012. However I have had great difficulty since February getting a job because employers are wary to hire someone with a limited visa. I have managed temp and part time work and still do so. We planned to get married when I was offered afulltime job, however the job fell through and we've had to shelve the wedding and forfeit all our deposits because we simply can't afford it on just his salary. We have decided to apply for an unmarried partner visa as I have been told by two companies that they want to put me forward for a fulltime fulltimejob but can't until I have a visa with more time on it (my work visa expires in march 2013). Yet without a job, we don't meet the financial requirements (he makes £17,900 before tax). I make a few hundred a month from my temp work. We've had to move into his parents' house this week because finances got away from us with the wedding and my trouble getting work. However because his parents' have cats and Im very allergic I spend part of the week with friends nearby so on the days I work Im not swollen and congested.Needless to say we've got a lot of fears about the visa being denied, especially because of the catch 22 of I can't get a visa without a job and I can't get a job without a visa. We're also concerned because from the stresses of all this I've been in the hospital several times from panic attacks and are afraid my character may come into question if my medical records are looked at. I also have a caution from July 2011 for drunk and disorderly.We plan to move into our own place once I get a job.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Do either of you have any savings or will you have in the near future?

What visa do you have at the moment?

Tom
Customer: replied 1 year ago.

I have a tier 1 post study work visa, but due to the new points system it isn't renewable because I am 10 points short due to not making more than £25,000 a year.


I have about $2500USD in savings in a bank in America, he has no savings hence our problem with money getting away from us.


 


We are staying with family/friends in hopes of being able to save enough to get enough for a deposit for our own place and get back on track for our wedding. I do not know how much he will be able to save each month now that we aren't paying rent, but I suspect in a couple months he should have a few hundred pounds.

Expert:  Thomas replied 1 year ago.
Hi,

Is it possible that your partner can take a partime job to get their salary above the salary threshold?

Tom
Customer: replied 1 year ago.

No, he is already working overtime as it is at his current job.

Customer: replied 1 year ago.

No, he is already working overtime as it is at his current job and is very stressed as it is because of our finances.


 


I do work, for a temp agency, it's just not permanent. As I said, two companies want to give me full time positions but said they need my visa to go through first.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

It’s a difficult situation and I’m afraid that I do not have any magic bullets for you.

There are essentially two problems with your application.

The first is that you will not have been in a relationship together for two years by the time you have to make your application by March. Additionally, to be eligible to be an unmarried partner you must also have been living with eachother for period of two years, which you have not been.

You are therefore asking the UKBA to exercise their discretion, which is not a great starting place. If you were married by the time you apply then this would solve this problem.

The second, as you have correctly identified is the financial requirement, which you presently fall short of. The amount of savings that you have earned is not sufficient to take you over the top.

As far as I can tell the only option is for your partner to take a part time job. The slightly difficulty here is that they will have been employed for less than 6 months by the time you have to apply. This means that the gross annial salary of the part time job will count but only if you have together earned more than the salary threshold in the previous 12 months immediately preceding the application date, which presumably you have. Confrimatoin here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

This is the solution for you.

If you can’t do this then the UKBA would probably have a general ground to refuse your visa and I’m afraid that it is pretty likely that they would.

.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Customer: replied 1 year ago.


Also, with my part time job, we have both made more than the salary threshold (I've made a thousand or so), but I have only had this job since November.

Expert:  Thomas replied 1 year ago.
Hi,

If that's the case then you should be okay in respect of the financial requirement.

Please rate my answer.

Kind regards

Tom
Customer: replied 1 year ago.


Sorry, just one more quick question to clarify then I'll rate.


 


If we apply under the partner visa, between what I have made this year (around about £1200), and his £17900, we should be okay with the financial requirements for the partner visa, even though I am only working part time for a temp agency and only have done for a couple months?


 


Thank you. Sorry, this is all just very scary and we don't want to just go to city hall and have a quickie wedding for the sake of me staying here.

Expert:  Thomas replied 1 year ago.
Hi,

If you have been employed by the temp agency then it should be okay, yes.

Please rate my answer.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6449
Experience: BA (Hons), PgDip, Practising Solicitor
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