Immigrating to the UK

[The Voice]

Just seen a FB post on a Saffa group: someone was asking for a friend, whose visa is expiring, how he would go about applying for asylum.

No wars, genocide (farmers excluded), mass persecution, etc, in SA last time I checked. I knew things were bad, but jeez. One of the replies was actually from someone who had helped Saffas claim asylum!

Last I heard of anything similar was that muppet who tried it in Canada years ago (I worked with him in another life).

 

[bridgeburner]

This whole policy is so regionally unfair. £38k is probably achievable if you live in the south, but in the north of England and Scotland, its high. My fiancé is a post-doc on a skilled worker visa earning under that (yes, its low - welcome to low wage Britain) and has one year left to get ILR. Her contract is up for renewal in May. It now means she will have to switch to a spousal visa through me (thankfully I earn >38k!) which will reset her time spent in the UK. In other words, another 5 years added on to get her ILR. We are absolutely furious.

This policy is just blatant dog whistling and panders to the racist Conservative backbenchers. Its going to have a significant impact on many families who are UK citizens but have foreign spouses! Never mind the economic impact.

Sorry to those who were planning their move in the spring, hopefully you can find a way!

 

[Priapus]

This whole policy is so regionally unfair. £38k is probably achievable if you live in the south, but in the north of England and Scotland, its high. My fiancé is a post-doc on a skilled worker visa earning under that (yes, its low - welcome to low wage Britain) and has one year left to get ILR. Her contract is up for renewal in May. It now means she will have to switch to a spousal visa through me (thankfully I earn >38k!) which will reset her time spent in the UK. In other words, another 5 years added on to get her ILR. We are absolutely furious.

I'm not sure it will apply to people already on SWV's - just to new applications. Not to people already in the UK. Otherwise that would mean a serious issue for people just there on a SWV and no other backup.

 

[Priapus]

Just seen a FB post on a Saffa group: someone was asking for a friend, whose visa is expiring, how he would go about applying for asylum.

No wars, genocide (farmers excluded), mass persecution, etc, in SA last time I checked. I knew things were bad, but jeez. One of the replies was actually from someone who had helped Saffas claim asylum!

Last I heard of anything similar was that muppet who tried it in Canada years ago (I worked with him in another life).

They're taking a fat chance. SA does not meet that criteria. Not even in the slightest. Their chances are very slim I think.

 

[Paul Kemp]

This whole policy is so regionally unfair. £38k is probably achievable if you live in the south, but in the north of England and Scotland, its high. My fiancé is a post-doc on a skilled worker visa earning under that (yes, its low - welcome to low wage Britain) and has one year left to get ILR. Her contract is up for renewal in May. It now means she will have to switch to a spousal visa through me (thankfully I earn >38k!) which will reset her time spent in the UK. In other words, another 5 years added on to get her ILR. We are absolutely furious.

This policy is just blatant dog whistling and panders to the racist Conservative backbenchers. Its going to have a significant impact on many families who are UK citizens but have foreign spouses! Never mind the economic impact.

Sorry to those who were planning their move in the spring, hopefully you can find a way!

That sucks, new policies burning the wrong people.

 

[Paul Kemp]

On a positive note, we’ve just signed a lease for a bigger place in a more quiet neighbourhood. After two years here we’ll have some comfort in a more spacious home this winter. And a home office, finally.

 

[prod]

This whole policy is so regionally unfair. £38k is probably achievable if you live in the south, but in the north of England and Scotland, its high. My fiancé is a post-doc on a skilled worker visa earning under that (yes, its low - welcome to low wage Britain) and has one year left to get ILR. Her contract is up for renewal in May. It now means she will have to switch to a spousal visa through me (thankfully I earn >38k!) which will reset her time spent in the UK. In other words, another 5 years added on to get her ILR. We are absolutely furious.

I think you will be fine as this will almost certainly only apply to new skilled worker visas...let's hope

 

[Leno]

Might have to push for this. I just realised; we were planning on using my wife’s current salary in the application (as she earns more than £20k a year here) with a new job offer in the UK paying more. So that way, we don’t need her to be employed for 6 months in the UK before I can apply.

With this increase coming; we won’t have that option anymore and would have to spend 6 months apart.

Is the lumpsum option not an option once you sell the house, my flatmates did that

 

[AdrianH]

They're taking a fat chance. SA does not meet that criteria. Not even in the slightest. Their chances are very slim I think.

No, he will be given asylum status, and then shipped if to Rwanda

 

[Priapus]

Is the lumpsum option not an option once you sell the house, my flatmates did that

Unfortunately not, as it would not be enough to cover the 62k GBP amount needed.

But it's fine, either way we will make a plan. If I have to spend 6 months apart from the wife - it's not the worst thing. We just want to avoid that if possible.

 

[The Voice]

Unfortunately not, as it would not be enough to cover the 62k GBP amount needed.

But it's fine, either way we will make a plan. If I have to spend 6 months apart from the wife - it's not the worst thing. We just want to avoid that if possible.

Wife and I did it, you’ll be fine if there’s no other option.

 

[x32]

Unfortunately not, as it would not be enough to cover the 62k GBP amount needed.

But it's fine, either way we will make a plan. If I have to spend 6 months apart from the wife - it's not the worst thing. We just want to avoid that if possible.

I speak under correction but I am pretty sure you can use a combination of cash savings in either spouses' bank accounts for the last 6 months plus the proceeds of the sale of a property to reach the GBP 62 500 threshold.

 

[Sinbad]

Wife and I did it, you’ll be fine if there’s no other option.

Same, we did 4 months.
It made logistics a little easier as I was able to rent rooms through airbnb until I found us a house.

 

[Priapus]

Same, we did 4 months.
It made logistics a little easier as I was able to rent rooms through airbnb until I found us a house.

Trouble is, we already have the house on the market. If I am to stay for another six months I would have to take it off the market and start there whole process much later in 2024.

I just want this move over and done with asap.

 

[bridgeburner]

I'm not sure it will apply to people already on SWV's - just to new applications. Not to people already in the UK. Otherwise that would mean a serious issue for people just there on a SWV and no other backup.

Hopefully. Its not clear at the moment...

 

[The Voice]

Trouble is, we already have the house on the market. If I am to stay for another six months I would have to take it off the market and start there whole process much later in 2024.

I just want this move over and done with asap.

Can’t you just stay with friends/family? I shacked up at my mom’s while I was waiting for everything to go through and I was tying up loose ends.

 

[Priapus]

Can’t you just stay with friends/family? I shacked up at my mom’s while I was waiting for everything to go through and I was tying up loose ends.

Maybe. We have animals that need homes too then. They are coming with us, but its all about timing etc etc

For now, I think we'll stick to trying to find my wife a job. If we are unsuccessful by like end of Feb - then it's plan B I think with the whole six month thing and will have to figure it out from there.

My son might have to go with her - not sure.

 

[Sinbad]

Maybe. We have animals that need homes too then. They are coming with us, but its all about timing etc etc

For now, I think we'll stick to trying to find my wife a job. If we are unsuccessful by like end of Feb - then it's plan B I think with the whole six month thing and will have to figure it out from there.

My son might have to go with her - not sure.

One thing to consider, not sure if it will be an issue
When I applied for my wife's visa, they wanted my existing earnings as well as my job offer letter - so she got in on the strength of my SA salary together with my job offer.

Appendix FM and Appendix HM Armed Forces: minimum income requirement (accessible version)

www.gov.uk

Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK​

Where the applicant’s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in 2 parts in the following way.

First, the applicant’s partner must have a confirmed offer of salaried or non-salaried employment to return to 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 (Category C: non-employment income, Category D: cash savings and Category E: pension).

Second, the couple returning to the UK must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:

• the gross amount of salaried or non-salaried employment income overseas of the applicant’s partner
• the gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly, provided they continue to own the relevant asset (for example, property, interest from shares) at the date of application
• the gross amount of any State (UK or foreign), occupational or private pension received by the applicant’s partner or the applicant

Under Category B, the assessment of the financial requirement will be based on both:

• the gross annual salary or income of the applicant’s partner’s confirmed offer of salaried or non-salaried employment in the UK. This source can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension
• the actual amount of gross income received from the applicant’s partner’s salaried or non-salaried employment overseas in the 12 months prior to the date of application. This can be combined with the actual gross income the couple received from Category C: non-employment income and Category E: pension over the same 12-month period. Category D: cash savings cannot be used under (2)

Note that a shortfall in your wife's UK salary can be made up with cash savings according to a formula - but it seems that your past 12 months salary can't be topped up, and it's just her salary.

 

[TedLasso]

You just don't get that sort of vibe here in SA.

Well load shedding and general theft takes the fun out of a cool thing like this!

 

[Priapus]

One thing to consider, not sure if it will be an issue
When I applied for my wife's visa, they wanted my existing earnings as well as my job offer letter - so she got in on the strength of my SA salary together with my job offer.

Appendix FM and Appendix HM Armed Forces: minimum income requirement (accessible version)

www.gov.uk

Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK​

Where the applicant’s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in 2 parts in the following way.

First, the applicant’s partner must have a confirmed offer of salaried or non-salaried employment to return to 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 (Category C: non-employment income, Category D: cash savings and Category E: pension).

Second, the couple returning to the UK must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:

• the gross amount of salaried or non-salaried employment income overseas of the applicant’s partner
• the gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly, provided they continue to own the relevant asset (for example, property, interest from shares) at the date of application
• the gross amount of any State (UK or foreign), occupational or private pension received by the applicant’s partner or the applicant

Under Category B, the assessment of the financial requirement will be based on both:

• the gross annual salary or income of the applicant’s partner’s confirmed offer of salaried or non-salaried employment in the UK. This source can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension
• the actual amount of gross income received from the applicant’s partner’s salaried or non-salaried employment overseas in the 12 months prior to the date of application. This can be combined with the actual gross income the couple received from Category C: non-employment income and Category E: pension over the same 12-month period. Category D: cash savings cannot be used under (2)

Note that a shortfall in your wife's UK salary can be made up with cash savings according to a formula - but it seems that your past 12 months salary can't be topped up, and it's just her salary.

Yes, this is the crux of the issue when they raise it to 38k a year.

Currently, we meet the financial requirements because my wife earns more than the min (18k GBP) per year over the last 12 months - we just need a job in the UK that pays more than that now to complete the requirements.

Hence why I was saying, when they raise it to 38k - above what she currently earns; then her job here won't count towards the financial requirement and she'd need to go to the UK for 6 months, earning 38k or more - and only then I could apply for a visa.