Should we be nervous?

Hi all.

OK a lot of things on my mind, but first things first I'll lay out the basics.  I arrived in the UK on December 22, 2017 on my marriage visa.  So if I'm correct in my math, I can apply for my Further Leave to Remain (I think that's the right terminology) 28 days before my 30th month anniversary of arriving, which would be May 25th, and up to the expiration date of my BRP which is September 8th of this year.

I was approved for my visa based on a combination of my wife's employment income (approx 12,000 GBP a year), savings that she had (in the ballpark of 30,000 GBP), and a 401k payment that I was to receive upon leaving my employer in the States at the time (it was about 8,000 GBP at that time).  My wife still has the same job making just about the same salary, and I have been with my employer as an agency worker for just over 2 years now.  For the tax year of 2019-2020, my salary for the year was just a tick over 20,000 GBP, and we still have the same money in savings.

Up until this COVID fiasco we weren't worried about the prospects of my approval for the next visa, but a couple of things have happened recently that has us concerned.  Firstly, I've been furloughed from my job for the past 7 weeks.  The factory I work at has been furloughing their permanent staff for the past couple of weeks, including some who have been there for upwards of 30 years.  That has me more than a bit concerned that my furloughing could eventually turn into a "sorry, we don't need you anymore", and that'll be me out of a job.  I was furloughed along with a few other agency workers who are "regulars" on the weekly schedule, on the basis that we will be asked back once things get back to normal - whenever that is.

Perhaps more concerning, though, is that my wife received word yesterday that the office she works at is being permanently closed in the next couple of weeks and the jobs will be relocated to another part of the country.  She's already begun the search for a new job, but I believe for the first visa, one of the job requirements was that she had to be at her employer for a minimum of 6 months.  Will the same rules apply for this next visa?

Sorry if that was a bit wordy, I just wanted to make sure to try and answer everything that might be relevant to this issue.  Mainly we're worried that if I'm on an 80% furlough and she's at a new job, then we won't meet the financial requirements even though for the most recent tax year we would have been fine (I think?).

Also, has there been any discussion in government that anyone knows of that would involve granting people here on a marriage visa an extension because of the hardships brought on by the coronavirus?

Any insight or advice would be greatly appreciated.  Thanks!

If you have £30,000 in savings, that’s equivalent to £5,600 towards the £18,600 income needed, meaning you need to show £13,000 income from employment (assuming it’s just you applying for a visa and no dependent children)

If your full salary is just under £20,000, then 80% of it should be around £16,000 - I assume that’s what you’re currently receiving?

That means, overall, using just your furloughed income and your savings, you have an annual income of around £21,600 which is well above the £18,600 requirement.

So, as long as you don’t lose your job, or go below £13,000 income before you apply for the visa, you should be fine... in that case, I would apply sooner rather than later.


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Also, has there been any discussion in government that anyone knows of that would involve granting people here on a marriage visa an extension because of the hardships brought on by the coronavirus?

So far all they have said is that if your visa is expiring between January and May 31st 2020 and you cannot leave the U.K. because of Covid, you can ask for a visa extension up to May 31st 2020 in order to give you enough time to apply for a new visa.

This however won’t apply to you as your visa does not expire until September.

https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents


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If you have £30,000 in savings, that’s equivalent to £5,600 towards the £18,600 income needed, meaning you need to show £13,000 income from employment (assuming it’s just you applying for a visa and no dependent children)

If your full salary is just under £20,000, then 80% of it should be around £16,000 - I assume that’s what you’re currently receiving?

That means, overall, using just your furloughed income and your savings, you have an annual income of around £21,600 which is well above the £18,600 requirement.

So, as long as you don’t lose your job, or go below £13,000 income before you apply for the visa, you should be fine... in that case, I would apply sooner rather than later.


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Hi,

Thank you very much for the prompt response.  I think we'll start putting together our documentation now and get ready to apply as soon as we can.  Am I correct that May 25th would be the earliest I could apply?  Again, I arrived at Heathrow and my passport vignette is stamped December 22, 2017.

And is this the website I need to be operating from....

https://visas-immigration.service.gov.uk/product/family-routes?_ga=2.104213700.572261626.1589291527-1886656362.1589291527 ?

Hi,

Thank you very much for the prompt response.  I think we'll start putting together our documentation now and get ready to apply as soon as we can.  Am I correct that May 25th would be the earliest I could apply?  Again, I arrived at Heathrow and my passport vignette is stamped December 22, 2017.

Yes, May 25th is the earliest you can apply.

And is this the website I need to be operating from....

https://visas-immigration.service.gov.uk/product/family-routes?_ga=2.104213700.572261626.1589291527-1886656362.1589291527 ?

Yes, that’s the correct site.

As I’m sure you’re aware, all the biometrics centres are currently closed due to the virus and no biometrics appointments can be made, so all you can do right now is apply online and pay for the visa.

Then you register an account with the UKVCAS website, and after that, it’s just a case of waiting until the centres open up again and you can book your appointment... so it may be several weeks/months before you can actually give biometrics and have your visa processed. You may be able to upload your documents to the UKVCAS site while you’re waiting though.

The date you apply online is the important date though, and you must meet the visa requirements and have all your documents ready on that date. As long as you submit the online application before your current visa expires, it doesn’t matter how long you have to wait for biometrics and visa processing.

See here for the UKVCAS site:
https://www.ukvcas.co.uk


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I agree with ksand, apply by the end of this month so you can not worry about the what-ifs.

Ok perfect.  So let's say on May 25th I apply and complete the online process, am I correct in thinking that all the documents submitted (e.g. bank statements, paycheck stubs) will remain valid for meeting the financial requirements regardless of how long it takes for the application to be processed?  Because I seem to remember that last time, any bank statements had to be no more than 28 days old at the time of submission (or in that vicinity).  So if I apply at the end of May using statements that were printed in the middle of May, and they don't get around to processing it until July, that wouldn't be held against me correct?

That was really wordy it's just I didn't know how else to explain it haha.

And yes KFdancer, we definitely will - there are too many scenarios that can go bad and cause problems.

Correct!

So if I apply at the end of May using statements that were printed in the middle of May, and they don't get around to processing it until July, that wouldn't be held against me correct?

That's correct. What is important is that you meet the requirements on May 25th (if you apply on that date), and your financial documents are dated no more than 28 days before May 25th.

I saw on the BBC News today that they are extending the furlough period by 4 months (though I think I read that from August they will start requiring employers to contribute to it), so hopefully your employer can keep you furloughed for a while longer.

Thank you both for the clarity.

And yes, hopefully the furlough will continue for as long as it's needed, because there are millions of families that are suffering as a result of this pandemic.  And, selfishly, I just hope it goes long enough for me to get my application done and get this visa malarkey out of the way.  That way, my wife can move on to the next worry on her list lol

That way, my wife can move on to the next worry on her list lol

Am I your wife? 

Am I your wife? 

LOL.  I don't think so.   

Just asking for clarification (again) since my wife is a worrier and won't stop until I ask lol...

So let's say next week we're ready to apply online.  We have all supporting documents and the proof we need in physical form in front of us, so we go online to submit the application and pay for the NHS fees.  At that point we can opt to pay an extra fee (something like £50) to have our documents scanned at the same time I go for my biometrics appointment, correct?  In which case the date we applied online (say May 27th) would be the date which our documents had to be dated w/in 28 days from, regardless of how long it takes to get an appointment?  Or would that only be true if we scan the documents ourselves after submitting the application?

Just asking for clarification (again) since my wife is a worrier and won't stop until I ask lol...

So let's say next week we're ready to apply online.  We have all supporting documents and the proof we need in physical form in front of us, so we go online to submit the application and pay for the NHS fees.  At that point we can opt to pay an extra fee (something like £50) to have our documents scanned at the same time I go for my biometrics appointment, correct?  In which case the date we applied online (say May 27th) would be the date which our documents had to be dated w/in 28 days from, regardless of how long it takes to get an appointment?  Or would that only be true if we scan the documents ourselves after submitting the application?

The date you submit the online application and pay for it is the official application date irrespective of when your appointment ends up being.
Once you've done that, it stops the clock and your documents and status both remain valid.

At that point we can opt to pay an extra fee (something like £50) to have our documents scanned at the same time I go for my biometrics appointment, correct?

Not quite at that point. You can't pay the extra fee until you book the appointment, because it's a service offered by UKVCAS that you add to your appointment booking, not a service offered by UKVI... so you'll need to wait until the biometrics centres open up again and you can book your appointment before you can add the extra services/pay the extra fee for scanning.

Also, you can only add the Document Scanning Service to appointments offered at the Core Service Points, so you'll need to make sure you book your appointment at one of those centres.

You can see the services that can be added when you book your appointment here:
https://www.ukvcas.co.uk/additional-services