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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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FAO Thomas (Immigration Law). I have now read the link you

Resolved Question:

FAO Thomas (Immigration Law). I have now read the link you provided and have some more questions having read the document:
1/ I own three properties in the UK, section 5.1.5. in particular would seem to indicate that I can add rental income to the salary and savings. My gross rental income is £20,000 p.a., and net of mortgage payments this is £12,000 p.a., is it correct that this £12,000 can be added?
2/ If this £12,000 can be added, would a job offer be required given that the £12,000 + £9,600 ((£40,000 - £16,000) / 2.5) = £21,600 is higher than the £18,600 minimum? When looking Category B (5.4.2. & 5.4.3.) this would seem to indicate that we can apply for the visa before I return to the UK without a job offer and it may be accepted on the basis of the Category C cash savings and Category D non-employment income.
3/ I know that this may not be advisable, however if I do require a job offer in addition to cash savings and non-employment income would there be any potential problems with accepted a job offer to start within three months, then applying for the visa for my girlfriend, and upon returning to the UK me not taking the job? Would there be any chance of the visa being revoked on this basis?
4/ Assuming I do have job offer in the UK and fulfil the requirements, will it be possible for my girlfriend to apply for the visa whilst I am in Hong Kong, and then if the visa application is accepted me return to the UK and her move to the UK 4-6 months after me? I'm wondering if there is any problem with her being accepted for the visa yet not moving for a further 4-6 months.
5/ It would appear that if I have been in employment less than three months in the UK yet am earning at a level above £18,600, then this will fulfil one of two criteria under category B. It also appears that the second criteria would be fulfilled providing that I had earned an amount greater than £18,600 in the 12 months prior to the application, which I will have done if I take into account my Hong Kong salary prior to leaving to return to the UK. Can you confirm that the financial requirement would subsequently be met under these circumstances, as example 5.3.11. a) appears to indicate that the requirement would be met?
6/ Would there be a problem if my girlfriend were to apply for the visa after we'd been living apart for nine months? For example, if I move back to the UK, study for three months and then secure employment and work for six months, and she then applies, will the authorities take the view that we have not been living together continuously for two years as we will have spent the last nine months apart?
Appreciate your help thus far and wait for your response. I'll be sure to rate positively again upon receipt.
Mark
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Mark,
Thanks, ***** ***** be able to answer in a couple of hours..
Tom
Expert:  Thomas replied 2 years ago.
Hi Mark
Thank you for your question and patience.
1) if you have rental income then this can be counted regardless of whether she applies when you are in the UK or when you are still out of the UK with her. Please refer to section 6.2 for guidance on this. If you own with other people then only a proportion relating to your ownership can be counted. If you pay a letting agent a management fee then this must be deducted as well.
If this is the case then £12000 can be counted.
2) You could combine this income with the amount from your savings (£9600) provided that you do not intend to live in the property from which you currently realise the rental income. This would solve your problem.
3) Yes, they could revoke the visa if they found out about you not taking the job, but a job would not be necessary having regard to 1 & 2 above_)
4) She would move later, but this would impact her ability to apply for indefninte leave to remain 5 years later, meaning that she would have to renew her leave to remain 5 years later for a few months in order to reach 5 years residence in the UK require to apply for ILR
5) If you are in the UK the you would be judged under the “sponsor resident in the UK” which means you must have been in employment for 6 months in order to rely on income from the particular job.
6) If you are not married at the time she applies then this could create problems because you would have to argue that you should be regarded as unmarried partners even though you have been living apart. It would create a further problem.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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