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Topic: Specific employment evidence for A2/B2...?  (Read 705 times)

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Specific employment evidence for A2/B2...?
« on: July 19, 2016, 02:26:07 AM »
Hi all, I thought for sure I'd find a straight-forward answer in the 1.7 Financial Requirements doc, or in the forum, but it seems to be eluding me. Apologies if I've missed something simple.

I'm a British citizen and we're planning to move to the UK later this year. I will be doing the VA4FA settlement visas for my wife and two children (who are all US citizens). We meet the financial requirement salary-wise but I'm confused about the "job offer in the UK" part.

I work for a US-based consulting company and at the moment the plan is to continue working for them, even after we move. But, this hasn't been 100% settled yet...there's a chance I may need to just get a job directly in the UK (my employer won't make that decision for another month or two). In the interest of time I want to go ahead and get the visas out of the way for my family...if we apply around early Sept we'd look to go around early Dec.

My current employer doesn't have any problem filling out a verification of employment and salary, but they might not feel comfortable stating that they "guarantee" my continued employment after we move, since that hasn't been 100% settled yet. Are they required to explicitly state that? Or if they confirm my current employment and salary (which satisfies the 12 month requirement) is that sufficient?

« Last Edit: July 19, 2016, 02:31:33 AM by transparency76 »


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Specific employment evidence for A2/B2...?
« Reply #1 on: July 19, 2016, 02:48:12 AM »
You actually do not currently meet the financial requirement because the UK job offer is the most important part. Your current US job means nothing unless you can prove you will have at least the same income in the UK.


The letter from your current employer is irrelevant and will not count unless they can guarantee that the job will continue in the UK - if they can't guarantee this, there is no need to include a letter from them at all.

So, you can't apply for any visas until you have your future UK income sorted out - if you apply before this, the visas will be automatically refused.

The whole point of the financial requirement is to guarantee you will have an annual income of at least £24,800 in the UK AFTER you have moved.

You do this using employment income in one of 3 ways:

1) you move to the UK ahead of your family, get a job and work for 6 months, earning at least £24,800, before you can apply for their visas.

Or

2) you have a guaranteed job offer in the UK, paying at least £24,800 and starting within 3 months of moving back AND you have earned at least £24,800 in the US in the last 12 months

Or

3) you have been with your current company, earning at least £24,800 for at least 6 months AND this job will continue at the same salary after you have moved to the UK.

In short: If you can't guarantee future UK employment, you cannot apply for the visas yet.


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« Last Edit: July 19, 2016, 02:53:12 AM by ksand24 »


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Re: Specific employment evidence for A2/B2...?
« Reply #2 on: July 19, 2016, 02:53:48 AM »
You actually do not currently meet the financial requirement because the UK job offer is the most important part. Your current US job means nothing unless you can prove you will have at least the same income in the UK.


The letter from your current employer is irrelevant and means nothing unless they can guaranteeing that the job will continue in the UK - if they can't guarantee this, there is no need to include a letter from them at all.

So, tou can't apply for any visas until you have your future UK income sorted out - if you apply before this, the visas will be automatically refused.

The whole point of the financial requirement is to guarantee you will have an annual income of at least £24,800 in the UK AFTER you have moved.

You do this using employment income in one of 3 ways:

1) you move to the UK ahead of your family, get a job and work for 6 months, earning at least £24,800, before you can apply for their visas.

Or

2) you have a guaranteed job offer in the UK, paying at least £24,800 and starting within 3 months of moving back AND you have earned at least £24,800 in the US in the last 12 months

Or

3) you have been with your current company, earning at least £24,800 for at least 6 months AND this job will continue at the same salary after you have moved to the UK.

In short: If you can't guarantee future UK employment, you cannot apply for the visas yet.


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Thanks. Makes the most sense, but just wanted to get an outside opinion.

Sounds like I need to either get them to agree to state explicitly in the employment verification that my employment with them will continue after the move...or get on the UK job search pronto!


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Re: Specific employment evidence for A2/B2...?
« Reply #3 on: July 19, 2016, 02:56:37 AM »
No problem :).

Though it's not about what makes the most sense, it's about what the rules are - and the rules are very strict.

You MUST have either a UK job offer, or a guarantee of your current income continuing in the UK, or have been working in the UK at that min salary for at least 6 months in order to qualify for the visas.


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Re: Specific employment evidence for A2/B2...?
« Reply #4 on: July 19, 2016, 02:58:26 AM »
...there's a B version of #3 as well, is there not? Less than 6 months, but the employer verifies my employment will continue after the move, and I've made over the threshold in the last 12 months (a somewhat convoluted scenario but a legitimate one, if I've understood the rules correctly)


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Re: Specific employment evidence for A2/B2...?
« Reply #5 on: July 19, 2016, 03:08:48 AM »
Yeah, though that's essentially just option 2 again. In fact, the new job offer is a special case of option 2 for people moving home from overseas, with what you've suggested above being the normal scenario.

Option 2:

- with current employer less than 6 months, job will continue in the UK AND you have earned £24,800 in the last 12 months

Or

- you have a new job offer (therefore you have not worked for them for 6 months yet) AND you have earned £24,800 in the last 12 months.


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Re: Specific employment evidence for A2/B2...?
« Reply #6 on: July 19, 2016, 03:10:51 AM »
Helpful as always, many thanks.

-Ben


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Re: Specific employment evidence for A2/B2...?
« Reply #7 on: July 19, 2016, 03:11:32 AM »
No problem - hope that all actually makes sense... I'm in the middle of a night shift and possibly not completely awake.


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Re: Specific employment evidence for A2/B2...?
« Reply #8 on: July 19, 2016, 03:14:24 AM »
Makes perfect sense, after reading the 1.7 document a few times it's starting to become clearer now. Last thing in the world I want to do is send off the application only to have it rejected and be out all that money!

Yes late for you indeed! :-)

-Ben


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