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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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Question regarding UK Immigration law :- I have recently

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Question regarding UK Immigration law :-
I have recently married a Brazilian citizen and we are beginning to go through the process of applying for her 'family of a settled person' visa, however I require some assistance on the best way to go about it.
I will have achieved the financial requirements required to sponsor her by the end of next month. However, we are worried that we are unable to apply for her visa at this point as we have the wedding of her best friend to attend at the beginning of June in Italy. It is my understanding that her passport will be unavailable to her for a undetermined period of time (Between 2-12 weeks).
Does this mean that we should wait till she returns back to Brazil following the wedding, in order to begin the visa application process? Or perhaps we can take care of the visa application in person in the UK using a same day service following the wedding? With her Brazilian passport she is able to enter the country on a tourist visa without the need to apply.
The other factor that may affect my application is the stability of my employment. Currently, I have just survived a round of redundancies at my place of employment, but I am still at risk of redundancy, with a termination date at the end of August if unsuccessful in landing a position within the firm. Whilst at this stage, I am comfortable knowing that I will easily reach the financial requirements by this date, I worry that my job uncertainty will affect a visa application that is started in June.
Whilst I would rather begin our application ASAP, the wedding is for her best friend, otherwise I would have little hesitancy about trying to ensure our visa application is done as early as possible. Looking at the website for visa processing times in Sao Paulo, the statistics show that 68% of settlement visas are processed within 30 working days (6 weeks), and 100% within 60 working days (12 weeks) . However, being only 68% sure she would be returned her passport in time is not sufficient enough to push for the application to be made as soon as possible.
Can someone please advise what you think the best course of action would be for us to apply? It is frustrating to realise that a weekend trip could cost us additional months apart from each other.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unfortunately, I expect the best possible way forward if the most important thing is securing a visa would be to apply as soon as possible and with her missing the wedding.
She cannot apply in the UK, because a the leave she would get by entering simply under her Brazilian passport is subject to the condition that she must leave the UK before it’s expiry. This is take to mean that she cannot apply to switch to another category of visa and it is applied very strictly.
Her passport would be retained by the home office when she make her visit visa application, so she would not be able to travel anywhere once she has submitted her spouse visa application.
If there is a risk that you may know about redundancies by the time your wife would apply after a trip to Italy then this would put an application post-Italy trip in jeopardy. If you were made redundant are require income to meet the financial requirement then you would have to find another job above the salary threshold and then wait 6 months until you have been in receipt of the new salary before applying again.
However, it is important to note that the waiting times referred to are based on only one month of data. Therefore, it can be subject to considerable variation. It also counts applications which are rejected as “processed” for the purpose of date. My guess is that the quicker times are those for which they have been quickly able to establish that the application is ineligible and have quickly rejected.
Unfortunately, there are no easy decisions here and you’re going to have to have a difficult conversation with your wife about what to do.
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
Customer: replied 2 years ago.
Hi Thomas,
It is my understanding that I wouldn't need to have a new job for six months before I would meet the financial the requirements to apply again. I would merely have to collect one payslip from this new employer.
What makes you believe otherwise?
Thanks,
Joe
Expert:  Thomas replied 2 years ago.
Hi
Sorry Joe, having rechecked you can use the new employment income from a new job provided that in the previous 12 months from the date of the application you earned above the theshold level of income.
Apologies, I was confusing the situation with another circumstance.
Kind regards,
Tom
Customer: replied 2 years ago.
By the end of next month (March), I will have had 6 months employment totalling £15,035.10
I will clear £18,600 by the end of April, but I believe that after March I am able to apply.
Will I need to have cleared my April pay cheque in order to accept new employment in order to meet the financial requirements?
Expert:  Thomas replied 2 years ago.
Hi,
You can apply once you have reached 6 months employment provided that throughout the 6 months you have been paid at the level of gross annual salary stated in your application.
So, yes, if you reach 6 months employment in March then provided that you have been paid at the appropriate salary rate for your role during the whole of this time the you could apply then.
Kind regards,
Tom
Customer: replied 2 years ago.
I don't think you understood the question Thomas..
Will I need to have cleared my April pay cheque (and the 18,600 pay barrier) in order to accept a new position (above the £18,600,year rate) and then apply in order to meet the financial requirements?
Expert:  Thomas replied 2 years ago.
Hi
To summarise:-
If you are not made redundant and do not propose to find new employment then you can apply in March once you have reached 6 months employment
If you are made redundant (or otherwise decide to seek new employment) then you would need to have earned £18600 in total from your current role. Therefore, if you will have earned this amount in April the you would need to make it to April and have received your salary payment for April in order to apply.
Kind regards.
Tom
Customer: replied 2 years ago.
Okay currently, I have accepted an additional six months employing me up to the 28th August at which case they will find an additional position for me, or make me redundant at this date.
I was unsure if this was the sensible decision to make, as I am unsure whether I need to inform anyone of this whilst making my visa application. My worry is that if we apply in June, the risk of this new redundancy is imminent to the application, would I be expected to disclose this?
Expert:  Thomas replied 2 years ago.
Hi,
Basically, if were to apply in June that you had not already been offered an additional position then you would probably be expected to disclose it, yes. If you disclosed it then they would probably postpone the determination of the application until such time as you had either been made redundant or been offered a new position.
Kind regards,
Tom
Customer: replied 2 years ago.
Hi Thomas,
The other part of my application that worries me, is providing suitable accommodation. My registered primary address is my fmaily house, in which we have adequate space for an additional person and permission to start our stay there. I do not pay rent at this property, but I have a certificate of residency at that address, I pay the water bill and can provide documentation to support the quality of the property.
Is this sufficient?
Thanks,
Joe
Expert:  Thomas replied 2 years ago.
Hi,
I would get your parents to confirm that you are able to you/your wife are able to remain at the property for the foreseeable future on current terms that youh ave with them.
I would also suggest that you get a solicitor or agent to do a house report on rooms/space and confirm that there is adequate space for your wife.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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