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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My British-born son has recently got married in India. Because

Resolved Question:

My British-born son has recently got married in India. Because his firm was reluctant to give him extended time off work, and because a friend had offered him part-time work until he started a new job, he quit just before leaving to get married. Now back in Britain after a break of a few weeks he has now started working for another company on more money with better prospects. However the Border Agency has told him that he will now have to wait until he has been in his new job for six months before his wife can apply for her to join him on a spouse visa. As the application takes three months to process that means a break of nine months. My son feels this is unjustified and that the Border Agency should take his full employment history over the past few years into account, which easily exceeds the minimum income requirements. Does he have a valid case?
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.
Hi

What level of savings does he have between him and his wife please?

Tom
Customer: replied 4 years ago.
Their savings at this point are quite low because of the money they spent on the wedding and trip to India. I believe my son was under the impression that a £16,000 bond would not be necessary because his annual income is well over £24,000.
Expert:  Thomas replied 4 years ago.
Hi

I am afraid that under the current immigration policy and lore the united kingdom border agency are entitled to refuse on this basis.

This is the cause if in the application he is proposing to rely on the income he gets from his current job then it must be in the post for 6 months or more. This is very strictly applied, that are many people who are frustrated with the system but unfortunately it is the law at the present time.

The only way around this would be if he had an offer of employment for a job in the united kingdom which he would carry out once I have relocated which was about the salary level. If you have this and was also able to demonstrate income above the threshold levels in the past 12 months then he could apply on this basis despite only having been employed for less than 6 months in his current role.

The only other alternative would be if he was able to relocate with his wife to a european economic area country and exercises treaty rights that by working for a minimum period of 3 months. Were he able to do this then he could apply under the surinder Singh ruling, in which he would be able to argue that he was returning european economic area migrant and so his wife would not be subject to the financial criteria.

I am sorry that I could not have better news for you. I am afraid that I am not going to be able to reply to any further enquiries you may have until tomorrow morning. I hope you're able to appreciate that is quite late night now.

If this is useful please kindly click accept and rate my answer as okay service or above if you do not then I do not receive any credit for the time I have taken to answer your question

Kind regards

Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
I am little confused by third paragraph. My son's income over the past 12 months is above the threshold level, even with a gap of a few weeks in the middle when he went to India to get married and then retuned to start a new job in the UK, which was above his previous salary. He hasn't actually relocated anywhere and is still living in the same flat. Do you mean he would have had to have a job offer before he left his previous place of employment?
Expert:  Thomas replied 4 years ago.
Hi

I will answer at 9am..

Tom
Expert:  Thomas replied 4 years ago.
Hi,

I am sorry, I had thought that he was based with his wife outside the UK.

IN these circumstances I am afraid that the only way is the way stated by the UKBA. As I say, they apply this criteria very strictly and, although it is controversial, it is binding.

My best advice would be to see an immigration solicitor about three months before he reaches his 6 month employment and get them to start drafting the application so that the day his 6 monthly pay slip is issued the application can be sent to his wife for her to apply straightaway.

If the application is well drafted and collated suitably by a solicitor then it may cut down on the determination time.

I am sorry for the confusion.

Kind regards,

Tom
Thomas and other Immigration Law Specialists are ready to help you