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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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If I have 2 jobs that total more than the required income of

Customer Question

If I have 2 jobs that total more than the required income of 18600 per year to support my husband, can an application be submitted after 6 months, just because somebody told me it is 12 months. My husband is from Cameroon and originally came to the UK with a students visa which has now expired. We got married in 1st December 2012 and submitted an application in January 2013 which was rejected on the grounds that we did not meet the financial criteria. We since got ripped off by Kings Chambers solicitors who did nothing but said they were going to appeal on the grounds of the right to a family life as we are a genuine happily married couple. Is there a time limit to appeal by that they have not met?. I have since July been doing 2 jobs and the income from both is in excess of £18600.00. We want to resubmit our application and want to know if we met or what we need to do to have a successful application and a visa granted.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Howard replied 3 years ago.
Why was an application submitted if you did not meet the criteria?

If you are not satisfied with your representative then you can complain to them and thereafter complain to their regulatory body if you are still not satisfied.

With regard to your situation, the rules are that your husband has until 28 days after visa expiry OR the date of the most recent decision to either leave the UK or submit a new application, including an appeal. Has an appeal been submitted? If not then when was the application refused?

If more than 28 days have passed then your husband should leave the UK and submit an application from his home country. This could work out cheaper than pursuing matters through the Courts unless you absolutely should have been approved and you have a good chance of approval.

With regard to your question about the Financial Requirement, you should refer to the following document:

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

The requirement depends on how long you have worked for your current employer. Section 5 of the above form has a number of examples for you to read and so rather than copying information from that document it is better that you have a read and then let me know what further questions you have.

As a general rule, if you have been working for the same employer for more than 6 months then you can evidence just 6 months, but if you have not been working for the same employer for at least 6 months then you must evidence the full 12-month period.

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