# UK Spouse Visa Help Please!!



## Happytohelp (Jul 31, 2012)

Hey guys,

Need help for my spouse visa application I think its a bit of a complicated case.

Here is the situation

We have both recently graduated. She has started a three month internship from June onwards at 15,000 annual salary which would lead to a permanent job in August with a salary above 20,000.

I currently doing an expenses paid internship.

We have 2,000 cash savings under our control for over six months with an additional 1000 which we received from our families last month.

Im already in the UK on a student visa and would want to apply for a spouse visa soon. 

I've looked at financial requirements guidance and we come under category B, but not really sure what how to go about it. Would it be easier to go back home and apply again as Category B varies then.

Any help would be greatly appreciated


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## 2farapart (Aug 18, 2011)

When do you intend on applying?

Right now, you don't actually qualify under Category A OR B. These categories require that, in Category A, the sponsor (the UK citizen) has earned the equivalent of £18,600 pa consistently over the past 6 months (with the same employer), or in Category B the average of 12 months pay must be above £18,600.

Therefore, you would need to wait until your partner has been in her £20,000 job for 6 months before you can apply safely (ie after January 2013 providing she does start this job in August 2012). If you apply before this time, the UKBA would ignore your partner's £20,000 because they will (in category A) use the _lowest_ payment she received in the 6-month period.

Your savings aren't yet enough to help in a shortfall situation. The savings you will need would be the shortfall (ie £18,600 - her salary of £15,000) x 2.5 = £9,000 plus the mandatory £16,000 you must hold before any savings can be used. This means you would need £25,000 savings in addition to your partner's £15,000 pa job, and must have held these savings for 6 months prior to applying. As a result, it would be better to wait until your partner has been in her new job for 6 months, and then you won't need any additional savings and will meet the financial requirement. As a student, provided your visa was issued for longer than 6 months, I believe you can apply from within the UK if your visa won't have expired beforehand.


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## Happytohelp (Jul 31, 2012)

Thank you for your response.

My student visa expires in end of October so staying on is not an option.

My partner will receive her offer in September and would still have worked less then 6 months in salaried employment. Would we still not come under Category B and therefore the new annual salary taken at the point of application.

Additionally it said the six month period resets if she switches employers, would it make more sense to take a salaried job above 18,600 with another employer and then apply for spouse visa.


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## 2farapart (Aug 18, 2011)

Happytohelp said:


> Thank you for your response.
> 
> My student visa expires in end of October so staying on is not an option.
> 
> ...


To apply for Category B, your partner must be in a job that exceeds £18,600 at the point you apply (which she will be from September) AND in the preceding 12 months must have earned £18,600 or more. After paragraph 144 (where it's stated that your partner's current salary (if over £18,600) will be used as the gross figure, there is an additional requirement for Category B:



> 146. In addition, the couple must have received in the 12 months prior to the application the level of income required to meet the financial requirement applicable to it, based on:
> 
> • The gross salaried income of the sponsor and/or the applicant (if they are in the UK with permission to work);
> 
> ...


Therefore, if your partner has held other jobs in the past 12 months and the combined pay of all these averages to £18,600 or more, then as soon as she has her new job, you could apply.

To bring forward Category A, she could take a higher-paid job now, but she would still need to work for 6 months before you could apply. If she already has a £20,000 job lined up, you're really only going to save a month by taking this option.


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## Happytohelp (Jul 31, 2012)

I see. So Category A seems the the better option. In that case I would need to leave the UK reapply once she has been working for 6months correct?

Is there anyway to work around the secondary requirements for Category B, we have just graduated this june and any work we did was casual or part time and would not be enough. Additionally we did receive funds from our families while studying, but my understanding is that this would not contribute to our case.


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## 2farapart (Aug 18, 2011)

Category A would be your best option but because your student visa expires before she will have completed a reckonable 6 months, you'd need to return home for a few months and apply as soon as she can count a full 6 months that are over £18,600. Your financial requirement would then be covered.

Category B would be potentially worse for you (ie waiting until your partner's earnings over 12 months average £18,600). The guidance states for Category B that it's an _average_ of all 12 months, so I presume any zero-earnings months would drag her salary right down until probably June/July next year.

Funding from family and friends isn't counted, so no, this wouldn't help. This was an option recently removed in the new rules implemented on 9th July. Funds like this COULD help if you still held them and had held them for 6 months in a bank account within your control (as they could contribute to using savings to make up the shortfall).


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## Happytohelp (Jul 31, 2012)

Thanks for all the help guys. It does look like we would need to spend some time apart.

In a different scenario

How does Category B work if we return to our home country and then I apply for a spouse visa from there ( my partner is a dual national). Lets say my partner does have work commencing within 3 months of her return to the UK. I don't quite understand the secondary requirement would need to show the income of 18,600 pounds in our home currency? 0r something like that?


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## 2farapart (Aug 18, 2011)

It would need to be the equivalent of (in US $). Category B would still apply as mentioned above, but in addition, she would also require the confirmed job offer. So in essence she would need to be able to work in the US for a full 12 months and must average more than approx $29K (on current exchange rates) before you could apply for a UK settlement visa.


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## Happytohelp (Jul 31, 2012)

2farapart said:


> Your savings aren't yet enough to help in a shortfall situation. The savings you will need would be the shortfall (ie £18,600 - her salary of £15,000) x 2.5 = £9,000 plus the mandatory £16,000 you must hold before any savings can be used. This means you would need £25,000 savings in addition to your partner's £15,000 pa job, and must have held these savings for 6 months prior to applying. As a result, it would be better to wait until your partner has been in her new job for 6 months, and then you won't need any additional savings and will meet the financial requirement. As a student, provided your visa was issued for longer than 6 months, I believe you can apply from within the UK if your visa won't have expired beforehand.


Hey guys, have been discussing with my partner we do in fact have cash saving abroad in excess of 25,000. They are in our control but not under our name.

What are the possible ways to show that it is under our control?


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## 2farapart (Aug 18, 2011)

Here we go - the rules:



> The cash savings must be held in an account(s) in the name of the sponsor, the applicant or both jointly, held in a regulated financial institution not on the list of excluded institutions under the rules which apply under the Points Based System. The applicant must declare the source(s) of the cash savings, which may be a gift from a third party but must not be a loan.


And further:



> An amount based on the cash savings above £16,000 held by the sponsor, the applicant or both jointly for at least six months prior to the application and under their control can count towards the financial requirement applicable to it.


It might be a problem if the money is not in either of your accounts for the full 6 months (not 100% sure, but I suspect that will be a problem). It depends on where the money has been and whether it has been at your immediate disposal for at least 6 months. If it MUST have been in an account in one of your names (this I suspect is true), maybe you can arrange that now, but again, your six months will only start at the point you do this, so it might still be easier to wait until your partner has worked 6 months on her new pay (for the sake of one month that you would gain by moving savings now) when your partner is earning an amount sufficient not to need savings.


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## MacUK (Jul 3, 2012)

The actual account holder must name you also on the account and you must provide original bank statement which clearly shows your name on the account or your fiancée's, and you need a bank certificate (original and signed and stamped from the bank) showing the balance and 6 months worth of statements (where your name is also on the account), this is to prove that you had control over the money over the past 6 months. 
OR
The actual account holder can transfer the money to a bank account in your name or your fiancée's, but you still have to show that you were in control of the money for the past 6 months, and you need a letter from your parents stating that the money is a present, and in no way a loan.


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## MacUK (Jul 3, 2012)

I'm assuming that the account holder is one of your parents. Hope this helps.

By the way, Hi 2farapart, how are you doing?


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## Happytohelp (Jul 31, 2012)

I see your point.

Money has been transferred regularly from that account to help with financing studying in the UK. The transfers were made to our account, account name is in a family members name but the funds our part of inheritance as such. Perhaps letter from the account holder or something in that order to help prove our case?

Only looking at these options as we would hate having to wait minimum 6 month.


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## MacUK (Jul 3, 2012)

Yes a letter from your parents stating that the money is ready and for you to use only is the thing to do, but also, the UKBA says that any money that comes from third part sponsorship will not be accepted. In other words, your parents writing a letter saying that they will give you the money is no longer an option under the new rules.
Okay, so you have an option...which is to be named on the account which contains the large sum of money....but it still has to be under your control for at least 6 months. 
Trust me we have tried and tried to get around it somehow, and we still ended up doing the 6 months wait... Until the actual point of application, nothing is certain.
I really hope you find a way...the waiting sucks, but it's not impossible....but it's better not to wait at all!!!


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## MacUK (Jul 3, 2012)

I really hope Joppa, AnAmericaninScotland, or 2farapart or nyclon will come along, they are really the experts...


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## Happytohelp (Jul 31, 2012)

Must be a way to prove that the money belongs to us and is not a loan/family support

Ill keep working on it


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## MacUK (Jul 3, 2012)

No, no, you can prove that, by a letter from the family member. BUT, the family member must transfer the money to your account (the whole sum), or name you as an account holder and the money must be under your control for at least 6 months. That is the sticky part.....that you have to have it for 6 months prior to the point of application.


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## Happytohelp (Jul 31, 2012)

Uhh really frustrating. There should have been a grace period to allow families to make arrangements accordingly.


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## MacUK (Jul 3, 2012)

I know! Besides, the new rules are pretty brutal, and basically what they are trying to do is to ensure that you won't be a burden on the tax payer, which is clear that you will not, and at the end they want you to give up. We are a family, we have 1 child, and we were devastated when they introduced the new rules, but eventually we accepted reality and now we are waiting, and as I said, nothing is certain until we actually apply. 
Another thing is that your finances will be looked at over a 12 month period if you change employers so....basically, all I can say is to hang in there and really think hard how you can avoid the wait. Best of luck!


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## 2farapart (Aug 18, 2011)

MacUK said:


> By the way, Hi 2farapart, how are you doing?


Hi Mac! Good to see you about!



Happytohelp said:


> I see your point.
> 
> Money has been transferred regularly from that account to help with financing studying in the UK. The transfers were made to our account, account name is in a family members name but the funds our part of inheritance as such. Perhaps letter from the account holder or something in that order to help prove our case?
> 
> Only looking at these options as we would hate having to wait minimum 6 month.


Well, I know I'm beginning to sound like a cracked record (and showing my age because of the word 'record' but 'cracked MP3' doesn't really work) so...

You KNOW I'm going to say "wait six months" again, don't you? 

The guidance does explicitly state that the money must have been in yours or your partner's account for a full 6 months. A letter from the account holder might appear no more than the appearance of a third-party sponsor willing to give you money, stating that it's yours without any proof to back it. If you were drawing from their account, it *might* have been possible (though there's that 'not with a third party' mention on joint accounts, so maybe not), but the fact your parents made payments to you by very definition showed that the money was indeed NOT in your control. Money again can be a gift, but equally the UKBA stresses here that the gift must have been held in your account for a prior 6 months. Six months is a long time but, presumably, this is to thwart bogus applicants from being given temporary big loans whilst they apply.

If you tried applying anyway and were refused, this would immediately land an unwanted history of visa refusal in your lap - which you really don't want to have because it then unnecessarily complicates and delays any future visas you'll apply for (and there are at least another two for you to go through after passing this one).


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## Jimmy1978 (Mar 21, 2012)

MacUK said:


> I'm assuming that the account holder is one of your parents. Hope this helps.
> 
> By the way, Hi 2farapart, how are you doing?


MacUK,

I have sufficient cash savings held for at least 6 months prior to applying. The only thing which i am concerned about is that the cash savings are held in an account in both my mother and my name. Would that be an issue? The funds are after all still in my immediate control. 

I went onto the UKBA website and read the financial requirement annex for fiance visa and it says..

5.4.5 In respect of the use of cash savings to meet any shortfall against the income 
threshold under the financial requirement: 
• To be counted, the applicant’s partner, the applicant or both jointly must have cash 
savings of more than £16,000 (the level of savings at which a person generally 
ceases to be eligible for income-related benefits), *held by the applicant’s partner, 
the applicant or both jointly (but not with a third party) for at least 6 months at 
the date of application and under their control.*

I'm worried about the 'but not with a third party' bit. Does that mean the funds cannot be held by a third party who will promise to support you or that the funds can only be held in your name and/or partner's name? 

Can anyone clarify this too? I would really appreciate any help here.


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## 2farapart (Aug 18, 2011)

That reads to me as though you couldn't use your account.

The problem is that a parent _could_ in theory very quickly add a son's or daughter's name to their savings account in order to bypass the savings requirement. This might depend on different banks, but when my bank added my partner to my accounts, ALL statements (including those before 'our time' now show her name too, and so there would be no way to tell how long the account had been in joint names. And of course there is the 'no third party sponsor' issue, and that unfortunately is how your account would appear.

Is it possible to explain to your mother that you need to move the money temporarily (for six months) to an account in your own name, after which you'll move it back again?


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## Jimmy1978 (Mar 21, 2012)

2farapart said:


> That reads to me as though you couldn't use your account.
> 
> The problem is that a parent _could_ in theory very quickly add a son's or daughter's name to their savings account in order to bypass the savings requirement. This might depend on different banks, but when my bank added my partner to my accounts, ALL statements (including those before 'our time' now show her name too, and so there would be no way to tell how long the account had been in joint names. And of course there is the 'no third party sponsor' issue, and that unfortunately is how your account would appear.
> 
> Is it possible to explain to your mother that you need to move the money temporarily (for six months) to an account in your own name, after which you'll move it back again?


Hi 2farapart,

Thanks for the prompt reply. Let's say I produce a bank letter to the effect of:

This is to certify that [name] has [sum of money] in [account] that was opened on xyz date.

Do you think that would help? Or is it simply that the cash savings has to be in either my name or my partner's name only, and that if my mother is a joint account holder - that is considered has 'with a third party'?

I could ask her about moving the money but the issue here is that, my partner and i are getting married soon in UK, and we were hoping to apply through the fiance visa instead of marriage visitor. So even if i moved the money now, there's the 6 months wait which means after we get married, I would have to leave UK..

What do you think?


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## MacUK (Jul 3, 2012)

The savings have to be in your name or your partner's. If your mother is named on the account as well, she would be considered as a third party sponsor. Well for one thing I would get the money in your name solely ASAP! I don't know if they can check for how long you were the only account holder??? That could be a problem, if they checked and found out that your mother was named on the account....it could cause you a lot of worries...  
For the fiancée visa, i don't think you have to leave the UK when you would get married, because marriage after an engagement is logical, so i don't see why they would make you leave the country and then apply for a spouse visa, when you have already made your intentions clear? I am not sure about this but it's logical to apply within the UK if you are already there on a fiancée visa.


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## MacUK (Jul 3, 2012)

Hopefully 2farapart will come along to explain it better, i really hope this helps, but still I am not an expert


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## 2farapart (Aug 18, 2011)

Jimmy1978 said:


> Hi 2farapart,
> 
> Thanks for the prompt reply. Let's say I produce a bank letter to the effect of:
> 
> ...


If you apply for a fiancé visa (which is a six-month visa allowing you to marry in the UK, after which you apply for the first of two Further Leave To Remain visas (the same two you would apply for if already married) you would need to meet the financial requirement before you can apply for this visa too. There are two choices here: you could either *delay your wedding *until you are certain that you'll have the money held for 6 months in your own name, apply for fiancé visa, marry and then apply for FLR - or you could obtain the simple and cheap *Marriage Visitor visa *(where you are permitted to enter the UK, marry, and then leave again - and once you've held the savings for 6 months, apply for a Married Partners (spouse) visa.

The first option has an expensive extra visa, but means you can remain in the UK (you just have to postpone your wedding until you can apply for the fiancé visa in 6 months); the second option is a lot cheaper and means you can go ahead with your wedding while the 6-month clock ticks away, but you would have to return home afterwards and apply for the spouse visa.


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## liam85 (May 24, 2012)

I've not read the entire thread but can't you get your mothers name taken off the account (obviously with her permission)? Then a few days later ask them to print 6 months bank statements. And if it just shows your name on every statement then you're sorted, I'm sure the UKBA won't look into it any more. If they show your mums name then you're just going to have to wait 6 months.


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## Jimmy1978 (Mar 21, 2012)

Under the new financial requirements, for the sponsor - there are two options to prove eligibility under salaried employment. 

Option A - If you've been in employment with the same employer for 6 months or more, the annual salary will be taken towards financial requirement. If annual salary is less than requirement, the cash savings can be used to make up for shortfall* BUT * deficit will be multiplied by 2.5 times.

For instance: 
Income of £15,000 with a deficit of £3,600 - The new qualifying criteria is now £25,000 (16k+ (3,600 x 2.5))

Option B - If you've been in employment for less than 6 months, the sponsor's financial status will be taken as money earned so far. *AND* there are two conditions attached for this option. The money earned thus far has to meet the minimum financial requirement although you can use the cash savings towards it. Same rule above applies. Next, the sponsor's total income from salaried employment over the last 12 months must meet £18,600. Cash savings cannot be used to meet this condition.

Therefore in other words, if the sponsor is a fresh graduate who has been employed for less than 6 months is screwed. He/she don't qualify for option A or B. And can't use salaried employment to meet the requirement. Which then leads to using cash savings alone...*AND* this is the kicker. 

where the applicant’s partner and applicant have no income which may 
be counted towards the financial requirement, *£62,500 in cash savings will be 
required for the financial requirement to be met at the entry clearance/leave to remain 
stage or at the further leave stage, i.e. the ‘floor’ amount of £16,000, plus 2.5 times 
the shortfall of £18,600*

So £18,600 is just bull****. 

For those of you who want to read more, the link is here


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## MacUK (Jul 3, 2012)

There is no way around it, unless you have an insane amount of cash savings held in your account or in your partner's name or both jointly, 6 months prior to the point of application. 
OR
You could get a job, obviously one that pays higher than the threshold of 18 600£, and wait for 6 months minimum before applying for a spouse visa. 
Again, brutal and very very harsh!


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## MacUK (Jul 3, 2012)

And for that matter, i don't know anyone who has just popped in with all the requirements met, and a real subsisting relationship, who is a so called vanilla case. 
Why didn't they just banish British Nationals from marrying foreign spouses all together, might as well, no point in tip toeing around it like this!


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## Jimmy1978 (Mar 21, 2012)

it's like if you're not rich, don't even think of marrying a British citizen. I believe that this is totally against human rights. To be discriminated like this.


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## liam85 (May 24, 2012)

It annoys me that if you are a British Citizen living in the UK, you have to prove all this, and pay nearly £1000 to get entry clearance for your partner, fair enough.

However, if you're an EU citizen and you want to bring your non EEA spouse to live and work here, its a free, simple and fast a application!!

Work that out!!


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## MacUK (Jul 3, 2012)

Visas for the Schengen area have been abolished for almost every non EEA European country. I have some experience applying for tourist Schengen visas when the visa regime was actually still active, i can freely say, that it was a fast, cheap and simple process, with a 100% success rate. I have many friends who have actually successfully obtained a work permit in a very short period of time .


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## liam85 (May 24, 2012)

I mean EEA family permits.


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## ALKB (Jan 20, 2012)

liam85 said:


> It annoys me that if you are a British Citizen living in the UK, you have to prove all this, and pay nearly £1000 to get entry clearance for your partner, fair enough.
> 
> However, if you're an EU citizen and you want to bring your non EEA spouse to live and work here, its a free, simple and fast a application!!
> 
> Work that out!!


That goes for all European countries.

If you are a German national living in Germany, your spouse abroad will have to give a German language test and probably wait several months for their visa. If you are a German national in Spain or the UK or France, it's the quick and easy EEA permit.

You don't even want to know about what Danish nationals face!


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## liam85 (May 24, 2012)

Yea, I remember when all the rumours were spreading about the new rules coming into place for family migration in the UK and some people were saying we are going to be like the Danish, so I took a look at their rules and WOW they are strict!


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## MacUK (Jul 3, 2012)

I'm sorry i coincidently posted the same thing twice.


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## Happytohelp (Jul 31, 2012)

hey guys,

Its me again. With my partner being a UK national what options do we have to moving temporarily to Europe. Perhaps Paris or Brussels?

We're desperately trying to avoid getting separated.

It it easier to get a spouse visa? Cant find much information online.


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## Joppa (Sep 7, 2009)

Happytohelp said:


> hey guys,
> 
> Its me again. With my partner being a UK national what options do we have to moving temporarily to Europe. Perhaps Paris or Brussels?
> 
> ...


Provided your partner can get a job (legit, with contract etc, but not necessarily highly-paid), you can both move over to another EU state, say for 6 months, and they you can apply for EEA family permit under Surinder Singh rule. When granted (it has no financial requirement), you can arrive in UK, and apply for a 5-year residence card, which allows you to work. After 5 years you can apply for settlement.

For most people, getting a job will be a tall order. There is high unemployment just about anywhere, and you need to be fluent in local languages, unless you are working in purely expat environment or it's in a sector where English is working language (like IT or high finance), but even then some language proficiency is usually expected. I don't know if just being transferred to another EU country by your current employer will work (I suspect you must be employed locally).

Does your spouse have any lead in either city?


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## MacUK (Jul 3, 2012)

As a UK citizen, you or your fiancée (if she is a uk citizen), have the right to live and work in the European Union without visas. Then after living and working there for a certain period, (i'm not sure if this is correct, but i'll say it anyway and someone will correct me if I am wrong), you can apply for a EEA family permit (if you are married). 
I have some personal experience with an EEA country,as a family member of someone working in the European Union, we had to go every year to the Immigration offices of the country in question to get our permits renewed.
Posted same time as Joppa, sorry!


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## Happytohelp (Jul 31, 2012)

We do have some contacts in France and Germany who may be able to assist and can start contacting if its a realistic option.

What are the requirements as such for a EU spouse visa? Do we need to have a job offer before moving?

Can you go on a short term visit visa to find work?

As such would I have the right to work in the EU?


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## Joppa (Sep 7, 2009)

Happytohelp said:


> We do have some contacts in France and Germany who may be able to assist and can start contacting if its a realistic option.
> 
> What are the requirements as such for a EU spouse visa? Do we need to have a job offer before moving?
> 
> ...


Your UK spouse has 3 months to look for work, and you can travel visa-free or with Schengen visa (if you need it). 
Once your spouse finds a job, you can get residence permit and you should normally be allowed to work, but that's not necessary for applying for EEA family permit.


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## Happytohelp (Jul 31, 2012)

There is possibility she could transfer offices.

Are there any other requirements as such? Like the UK have.


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## Joppa (Sep 7, 2009)

Happytohelp said:


> There is possibility she could transfer offices.
> 
> Are there any other requirements as such? Like the UK have.


I don't think simply transferring offices, such as a temporary transfer or secondment, will work. She must be employed by the German or French office locally.


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## Happytohelp (Jul 31, 2012)

Joppa said:


> I don't think simply transferring offices, such as a temporary transfer or secondment, will work. She must be employed by the German or French office locally.


What do you mean by this? What if she was transferred or applied for a 6 month / 1 year internship placement. Would this be enough?


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## Joppa (Sep 7, 2009)

Happytohelp said:


> What do you mean by this? What if she was transferred or applied for a 6 month / 1 year internship placement. Would this be enough?


Being transferred usually means she is still employed by her UK employer. In order to exercise economic treaty rights, she has to be employed with a contract by a French or German employer (or local branch of her company). She has to have a contract drawn up according to the local regulations.


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## stressed2013 (Jan 13, 2013)

Sorry for hijacking ur thread, but I need serious advice, can U please decode the category b for me.

I earn 1365 net in a month but in one month I was ill n couldn't go to work in past six months hence my salary was less then 1365, does this means I cant sponsor my wife in category A?

If no how can I do it I category b?
I earned more then 18600 in past 12 months, m with my employer from 3 years but my pay can variate coz my contract is permanent but zero hours, if that makes sense
Please help my partner is so stressectgst she wouldn't eat n sleep withdepression.


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## 2farapart (Aug 18, 2011)

Categories A and B differ as follows: A uses the lowest sum you earnt in the last 6 months as if this is what you earn EVERY time you were paid, and it will be multiplied to make a per-year salary - provided you earnt this with the same employer throughout the 6 months. However, this doesn't help people whose pay is not the same amount on every pay day and where the lowest falls below £1,550 per month or £358 per week, or if they changed jobs during the period, and so B allows instead that the sponsor can prove they earnt a total £18,600 before tax over the course of 12 months (doesn't matter with B if some months were low, whether there are two or more employers etc).

You really need to use your gross (before tax) earnings for calculating Category A. If during each of the 6 months, your gross earnings were £1,550 or greater per month (or £358 or greater per week) you can safely use Category A. As said above, UKBA will use your pay at its lowest point in that 6 months so do ensure every payslip is at the required level.

For Category B, you also use your gross earnings before tax, but instead of proving that you earn a certain amount per week or month, you simply prove that you can earn at least £18,600 over a whole year. This is ideal for people who have changed jobs, have multiple employers of varying pay. I imagine you would need to prove consistency in being able to earn (ie don't have too many months at a low amount) so UKBA are satisfied that you have a good chance to earn £18,600 in subsequent years too.


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## nyclon (Apr 3, 2011)

stressed2013 said:


> Sorry for hijacking ur thread, but I need serious advice, can U please decode the category b for me.
> 
> I earn 1365 net in a month but in one month I was ill n couldn't go to work in past six months hence my salary was less then 1365, does this means I cant sponsor my wife in category A?


What is your gross per month? That's what's important. You need to earn £1550/month gross.


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## stressed2013 (Jan 13, 2013)

Its a zero hour permannanet contract unless terminated by either party, i m not going to do that, and work wouldnt do it as i have been working for them from 3 years and they r getting more work in so no danger to my job

august 1365 net (gross add back the 22% for tax n NI = 1550 [136500/88]
sep 1365 net 
oct 1122 net ( i fell ill and couldnt go to work, been to doctors for glandular fever and all)

nov 1365
dec 1365 may be more did over time
jan 1365 
feb will be 1365


that one month dragged me down of last 6 months 1550 mark
my partner's leave to remain in uk expires in feb last week so i cant wait, letting her go n brining back means she looses her job and would end up finding work which is not easy thing to do 

my gross for last 12 months was 21500

what can i do


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## 2farapart (Aug 18, 2011)

I don't understand your figures (not sure I understand ANY figures!) but if your lowest monthly pay was less than £1,550 gross, then* apply under Category B instead*. You earnt more than £18,600 so meet the financial requirement. There is no disadvantage to using B instead of A other than that you need to provide 12 months of bank statements and pay slips instead of 6. Otherwise, Category B is generally the safer of the two if pay is not the same each month.


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## stressed2013 (Jan 13, 2013)

sorry for the blabber

my partner is crying since morning 

the job i m in is a zero hour contract, so i dont have set weekly monthly hours for work, although from past 2 years i have been working 42 hours a week n got paid variably at times because of over time or time off 


do i still qualify for category B?


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## 2farapart (Aug 18, 2011)

The new rules (July 2012) are still really new inasmuch as we're only just starting to see application results trickling through. Based on the very few results we've seen, the only mention made of 'contracted hours' was where the applicant was paid hourly and so UKBA wanted a figure with which to multiply by the sponsor's hourly rate.

I think what might help in your situation (though not essential) is to include past P60s if you still have them to prove you've consistently exceeded the £18,600 minimum in previous years. You could also ensure the letter from your employer confirms the amount of hours you usually work on average. The overarching point of Category B is to prove you earnt at least £18,600 and will continue to do so. An extra couple of P60s will show that the last 12 months weren't just a 'lucky year' and should give the reassurance UKBA needs in the absence of any contracted hours. As said, this isn't essential (it's not a requirement) but will add further evidence to your earning potential under Category B. It doesn't matter if under Category B you have taken time off and not earnt, provided that overall you still earn £18,600 or more per year before tax and NI.

And don't worry about being stressed. You're in good company here - we've all known it and many are still going through it.


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## stressed2013 (Jan 13, 2013)

let me also add something about my partner

she is overseas national in uk from past 3 n half yeras legally, she studied here, is part qualified accountant with masters degree

she made more than £18600 last year, she did self employed contracting and is working in banks, her contract is for 6 months which would extnd most likely, her current contract pays her £10 an hpur so she gets £350 per week plus any overtime she does gets paid @£12.50

just want to know that if we r safe to apply under this situation?


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## stressed2013 (Jan 13, 2013)

sorry i posted in other thread


Thanks for your reply

What does that 2 part requirments mean for category B? they r rather ambiguous
no case study helps any one with variable pay 

I am with my current emloyer from three years and on a zero hour contract, would that make my case complicated?

my partner might need rushing to hospital, silly woman is not willing to understand anything ....too emotional


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## 2farapart (Aug 18, 2011)

If your partner's already in the UK on another visa that legally allows her to work, then her salary can also be used as part of the calculation if you wish.

The 'two parts' aspect I explained in your own thread. It might be easier just to post in your own thread from this point on so you can keep track of the answers.


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