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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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1) I have job abroad that pays GBP 18.6+ for more than six

Resolved Question:

1) I have job abroad that pays GBP 18.6+ for more than six months. (2) I don't have job offer in the UK. (3) I'm a British citizen and wife non-EU and we wish to settle in the UK. (4) In-laws are willing to help financially but that money would be deposited now. (5) All other requirements -accommodation,English test- are in place.
With the information above, how can I meet the financial requirement part of the spouse settlement visa?
Thanks.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, you would meet the financial requirement on the basis of your overseas income, you do not need a job offer in the UK as you are claiming on the basis of the overseas employment income and you do not need to have savings or gifts from your in laws.

Hope this helps
Customer: replied 3 years ago.

Hi,


I wish you were right but if the 'financial requirement guidelines' clearly state:



5.2.1. Where the applicant‟s partner is returning with the applicant to the UK to work, they must meet two requirements to rely on Category A: First, six months employment abroad..............,



Second, the applicant's partner must also have a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary (or in-non salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.1.4. (Category C: non-employment income, Category D: cash savings and Category E: pension).


???!!!

Expert:  UKSolicitorJA replied 3 years ago.
That is only if you are returning to the UK to work.

In your case, that is not relevant as you are not returning to the UK to work as you do not have a job offer in the UK.

You will need to hold savings of at least £62500 for 6 months as previously advised which can be in your wife's name or your name.


Hope this clarifies
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Customer: replied 3 years ago.

In your reply above 4 July 2014 at 16:31 you wrote: "you do not need to have savings" because "you would meet the financial requirement on the basis of your overseas income, you do not need a job offer in the UK as you are claiming on the basis of the overseas employment income".


 


Now you're saying I need savings and that they must have been held in the bank a/c for last six months???!!!

Expert:  UKSolicitorJA replied 3 years ago.
This is actually a matter being litigated upon in the courts and your application will not be refused, it will be put on hold. There is argument that the 3 months job offer requirement is not clear and is unreasonable as does the requirement apply to permanent roles, or temporary contract roles, what duration etc.

Your application will not be rejected, it will be placed on hold until the court rules on this.

Until then, you would need the savings I am afraid to qualify outright.

Sorry for the confusion caused.
Customer: replied 3 years ago.

Thanks for clarifying that.