Category B Question (overseas sponsor)

I have a question about the Category B option for the spousal visa?

From what I gather category A the UK spouse needs to be with the same employer for 6 months or more to apply and shows 6 months worth of pay slips and bank statements.


For category B the UK spouse has been with his current US employer for less than 6 months ...can the US spouses salary contribute to show the £18,600?

Here is a scenario

UK spouse moves to US and works a job for 4 months where his per annum would be over £18.6k.

Can he apply if the US spouse has been with her same US employer for over 12 months and earns well over the £18.6k?

Does the US spouses income help to combine and show the £18,600?

Thanks





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No, unfortunately only the UKC's income can be considered for the visa.

Did he make over £18,600 in those 4 months?  If so, it's okay that it was for less than 6 months (so long as he has a job offer in the UK meeting the requirement).

The USC's income can be considered for the NEXT visa that is applied for from within the UK though.

No, unfortunately only the UKC's income can be considered for the visa.

Did he make over £18,600 in those 4 months?  If so, it's okay that it was for less than 6 months (so long as he has a job offer in the UK meeting the requirement).

The USC's income can be considered for the NEXT visa that is applied for from within the UK though.

No unfortunately not, though if he applied via category B if he still did not earn the £18,600 over 6 months I assume it's okay if they can predict that his per annum would be well over this amount?

Due to the whole MIR amount in the U.K this is our long route of moving to the U.K via him coming here first.

In terms of priority how long does it usually take, its recommended by many but what is the rough time span ..has anyone received a decision quicker than 4 weeks?

I believe when applying it asks on the form if anyone is traveling with you and you list your spouse. If the U.K spouse moves back a week or two earlier and the U.S spouse travels on own to U.K is this okay or does the U.K spouse need to be there to show employment letter.

For category B, there are two parts:

1.  He needs to prove he has earned a minimum of £18,600 in the previous 12 months

AND

2.  He needs a job offer of a minimum of £18,600 a year starting in the next 3 months

It sounds as though he does not meet the first part of the requirement?  This would mean that he would need to move ahead of you to the UK and work for 6 months to meet the requirement under Category A.

For category B, there are two parts:

1.  He needs to prove he has earned a minimum of £18,600 in the previous 12 months

AND

2.  He needs a job offer of a minimum of £18,600 a year starting in the next 3 months

It sounds as though he does not meet the first part of the requirement?  This would mean that he would need to move ahead of you to the UK and work for 6 months to meet the requirement under Category A.

For example if the UK spouse had a salary of $30k per annum this would be above the MIR, though for Category B they won't to see he has physically made £18600 under 6 months?

Though if he applied at category A ... a week after being employed for 6 months they can determine that his payslips he would make the MIR per annum despite maybe not earning it under 6 months like the Cat B example above.


Though if he applies under Category A as soon as he reaches 6 months this would be okay with the above scenario, has anyone else done this and it's been okay?

They don't make it easy do they!

Okay, let's take this one step at a time.

Where does the UK citizen live right now?  In the US or UK?