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Why is this so complicated? Are you halfway there?
Complication is an understatement when it comes to British Immigration Law. It sometimes causes one to wonder what the fuss is all about when the rest of the world is so accessible. Now, let me not digress into my wonderings as today I would like to discuss a little about proving employment for the purpose of obtaining a spouse visa. I do agree with the Law Commission's review of the immigration rules a short time back when they recommended simplification. In bringing a spouse to the UK, it is not the fact that you are working which is key; it is the level of your earnings. Before 2011; as long as you earned above or at the minimum subsistence level (the equivalent of income support plus your housing); to coin a phrase "you were halfway there". Today things are much more difficult, as well as the job, the couple need to show rather than rent and the minimum subsistence level instead that they meet the minimum income threshold of £18,600. In a conference I attended in Westminster some years back, I think 2015 - held by the Children's Commissioner it was explained there that this figure represented a whopping 33 per cent above the minimum wage at that time. Ok, wage levels have increased but the margin remains wide. This means that those on low wages cannot meet this threshold and will not be in a position to invite their lawfully wedded spouses to come to the UK to live with them on a permanent basis. Maybe, visits are possible or entry in some other category but not this. The confusion is that the relevant rule is premised on the fact that it encompasses the right to a family life. This is a matter open to debate. Now back to basics of the employment method of demonstrating adherence to this Article 8 (family life) rule. The applicant's spouse must be earning the stated amount or an amount above this. They will have to produce payslips, bank statement, confirmation of the employment. If their earnings are not the same every week or month; it will only be the last 6 months of a 12-month period before the date of the application which will be considered. And even then, this is subject to a calculation set by the UKVI to establish adherence. If adherence is demonstrated, then it is fair to acknowledge, yes, you are halfway there; now it's time to prove the rest. The rest includes demonstrating you are married, that your marriage is genuine, that you intend to live the UK permanently and the fact that you have met your spouse. When all is said and done, when the process is completed and hopefully you are re-united with your spouse you can put it all behind you until the next application is due.
Todays question was about domestic violence to partners of skilled workers. Sorry to say the Domestic Violence rule does not cover skilled workers. The rational probably is that the skilled work visa is a temporary visa allowing residence in exchange for work. The partner of permanent residents route is much different there is permanence in the equations and this allows for relief in situations where there is domestic abuse. My answer is regrettably, if you leave your marriage as a skilled worker for a domestic abuse reason, then unless you have an alternative reason to apply to remain in the UK - you should consider leaving to resume your life in the last country you lived in or otherwise your country of origin.
This is not as tricky as it sounds, what you need know first of all is whether you meet the financial requirement with demonstrable earning of £29.000 in the year of the application. Therefore if you have had more than one job, it can be the cumulative amount that count towards the relevant figure. The UKVI require evidence of the work you are undertaking such as contracts, pay remits, bank statements and other documents that show you are in genuine employment. It is open to them to make checks to verify information you choose to submit.
This post explains who is a partner as applies to the spouse visa criteria.
Global Challenge Immigration News update. Coming to you form Mwansa on behalf of Lawson Hunte Immigration radio 24. #globalchallenge #immigration #uk #ireland #rowanda
Ireland UK & Rowanda Immigration News update. Coming to you form Mwansa on behalf of Lawson Hunte Immigration radio 24. #globalchallenge #immigration #uk #ireland #rowanda
Bringing your Spouse to the UK Episode 3- English Language Exemptions Partner/Spouse Visa exemptions discussed in a broadcast brought to you by Lawson Hunte Immigration Radio 24.
In this episode, Sonya discusses the English Language Requirements as this pertains to the spouse visa. Exemptions will be explored in a subsequent broadcast. This broadcast is brought to you by Lawson Hunte Immigration Radio 24 keeping it real and educating a nation.
This is a discussion by Sonya King Immigration Lawyer on bringing a spouse to the UK. It is a general overview of starting a spouse visa application. The next Episode is titled Speaking the Language.
Sour milk is a violence to the stomach, just as is the fist. In this series Mwansa discusses the question of myths surrounding domestic violence. Unravelling mysteries and lies.
In this post, our very own reporter Mwansa Chikonde seeks to clarify and educate on why women stay in abusive relationships. We hope this is an enlightening and engaging post and would welcome your comments. Find us on Lawson Hunte Immigration Radio 24 on spotify.