UK Immigration Law

Have UK Immigration Law Questions? Get Answers Now.

Ask an Expert,
Get an Answer ASAP!

UK Immigration Law
This answer was rated:

Hello. I have been living in the UK since 2009. First as a

student, then on a post...
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.
Show More
Show Less
Ask Your Own UK Immigration Law Question
Answered in 36 minutes by:
12/14/2012
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
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
Ask Your Own UK Immigration Law Question
Customer reply replied 4 years 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.

Hi,

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

Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 4 years ago

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

Customer reply replied 4 years 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.

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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 4 years 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.

Hi,

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

Please rate my answer.

Kind regards

Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 4 years 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.

Hi,

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

Please rate my answer.

Tom
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Immigration Law Specialists are ready to help you
Ask your own question now
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
7,626 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Thomas

Thomas

Solicitor

7,626 satisfied customers

BA (Hons), PgDip, Practising Solicitor

UK_Lawyer

UK_Lawyer

Solicitor

1,177 satisfied customers

I am a qualified solicitor and an expert in UK law.

INC

INC

Solicitor-Advocate

819 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Clare

Clare

Solicitor

252 satisfied customers

25 years hight street experience

A Hayat

A Hayat

Immigration Solicitor

205 satisfied customers

13 years specialist skill in UK Immigration & Nationality Law

Paul Richmond

Paul Richmond

Barrister

114 satisfied customers

LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

Awan-Legal

Awan-Legal

Solicitor

95 satisfied customers

Specialist in immigration law with the highest level of accreditation in this area and with many years experience.

< Previous | Next >

Related UK Immigration Law Questions
My insane ex is trying to make some ludicrous false claims
Hi, My insane ex is trying to make some ludicrous false claims about me, he however lives in the USA and I live in London. He can't press charges on me can he an he is in the United States? I have sai… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
My mother was born in the UK and I wish to go here to live
My mother was born in the UK and I wish to go here to live with my UK son-in-law and family. I wish to purchase property in which to live. What steps do I need to take to do this? … read more
frantzgregory
frantzgregory
609 satisfied customers
Im sorry i got disconnected i was inquiring about arrest
Hi im sorry i got disconnected i was inquiring about arrest records and UK tier 2 visas … read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
36 satisfied customers
Can you be able to make your self legal after staying in the
Can you be able to make your self legal after staying in the uk for more than twelve years?… read more
frantzgregory
frantzgregory
609 satisfied customers
I want to marry my partner and she is Lithuanian. After we
Hi, I'm English and I want to marry my partner and she is Lithuanian. After we are married for her to become British or to get a UK passport what does she need to do. There are web sites run by the go… read more
Thomas
Thomas
Solicitor
7,626 satisfied customers
When I came to the UK, I applied for a spouse visa and I
Hello, when I came to the UK, I applied for a spouse visa and I used my real name, but a different date of birth to make me look older. This is because at that time, they are only giving visa to peopl… read more
frantzgregory
frantzgregory
609 satisfied customers
My US citizen business partner would like to move to the UK
my US citizen business partner would like to move to the UK to further grow our business. Her spouse is Spanish, and her children have dual EU/US citizenship. Her husband has just moved back to the US to take a job, but she wants to live in the UK. What is the best way for us to get her a visa? … read more
Thomas
Thomas
Solicitor
7,626 satisfied customers
I'm a Canadian citizen and would like to move to work and
I'm a Canadian citizen and would like to move to work and live in UK … read more
Thomas
Thomas
Solicitor
7,626 satisfied customers
I was born French and acquired British citizenship via my
I was born French and acquired British citizenship via my British mother around 1985. I reside in France and have dual nationality. Are my French wife and children eligible to acquire British national… read more
Clare
Clare
Solicitor
Bachelor's Degree
252 satisfied customers
I would like to bring across/sponsor someone from Pakistan
I would like to bring across/sponsor someone from Pakistan to come and be a live in housekeeper for me and my familyIs this possible If it is what do we need to do… read more
Expert James
Expert James
Doctoral Degree
11,541 satisfied customers
I have question. I live in UK and was doing Engineering from
hello, I have question. I live in UK and was doing Engineering from University. I stopped my Studying on 8 May 2009 and Took a Gab year. I have plan to start my Studies on Sep 2010. The question is, T… read more
INC
INC
Solicitor-Advocate
Master's Degree
819 satisfied customers
I obtained ILR as an Australian citizen living in the UK in
I obtained ILR as an Australian citizen living in the UK in 1982 and have the original letter from the home office and passport stamps in my Australian passport. After living in the UK for 13 years I … read more
frantzgregory
frantzgregory
609 satisfied customers
I have lost my passport which had the ILR stamped in it.
I have lost my passport which had the ILR stamped in it. Applied to Subject Access request department but were unable to find anything. The ILR was granted around 1982-83 which is long time ago. Appli… read more
INC
INC
Solicitor-Advocate
Master's Degree
819 satisfied customers
My boyfriend lives in Tunisia and I would like to marry him
My boyfriend lives in Tunisia and I would like to marry him in Scotland how do i get him here so that we can get married … read more
frantzgregory
frantzgregory
609 satisfied customers
Re: Work visa UAE from UK. I hold a British passport (uk
Re: Work visa UAE from UK. I hold a British passport (uk citizen). I have a criminal record from two years ago, commited in the uk (common assault and criminal damage under £5,000). I got offered a jo… read more
INC
INC
Solicitor-Advocate
Master's Degree
819 satisfied customers
I am a British citizen and am getting married to a Chinese
Hello,I am a British citizen and am getting married to a Chinese national in December. She has been in the UK for over 4 years, firstly as a student, then has spent 3 years working for a Tier 2 sponso… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,823 satisfied customers
I have a British passport which I got through my mum who
Hello! I have a British passport which I got through my mum who came to the country using a high skilled migrant programme. However she is at university at the moment and therefore doesn't earn enough… read more
frantzgregory
frantzgregory
609 satisfied customers
I am a US citizen settled in the UK on the ILR, and have
I am a US citizen settled in the UK on the ILR, and have unfortunately misplaced my passport. My ILR is based on the stamp in said passport. I don't have a BRP, but at the time of my ILR application I… read more
frantzgregory
frantzgregory
609 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x