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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.
This post explains what to look out for when you are shopping around for immigration services.
In some cases, you may be eligible for an eVisa (digital immigration status) instead of a physical BRP. Check your visa decision letter for instructions. Access your eVisa via the 'View and Prove Your Immigration Status' online service: www.gov.uk/view-prove-immigration-status. Log in using your details (email and passport number or reference number) to view your visa information and share it with others if required. The system will not recognise the vignette, use the contact us segment of the website and request help. The UKVI will take it from there.
Understanding Employment Financial Requirements under Appendix FM
Discover the key employment financial requirements for UK immigration under Appendix FM. Learn about the minimum income thresholds, necessary documentation, and how to meet the criteria for family visa applications.
This post specifically examines issues of employment within the UK Visa - Partner Category. It is intended for providing clarity on expectations and managing this.
In the upcoming weeks we will focus on informing the public on the employment requirements for Spouses. For Training and Information for Practitioners and Students consult Sonya King (Author).
Apart from those with Right of Abode, there is another category of individuals who are not subject to the Immigration Rules rather their presence in the UK is governed by International Agreements. This includes diplomats, persons attending international conferences, members of international organisations such as the Commonwealth Secretariat and Members of International Forces under the Nation Status Forces Agreement. Under some of the international agreements controlling the presence of Exempt persons and their spouses there is automatic permission for the Spouses to work in the UK. Under others such as the Nato Forces Agreement there is no implicit right to work for the spouses as the agreement does not automatically grant work permission, they would need to check whether work is possible with their command and or should they obtain employment obtain what is known as a positive verification notice applied for by their employer. It is useful, therefore for holders of Exempt Status to apply for a vignette before entry. A vignette is a stamp affixed to a passport indicating status and conditions.
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