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Visa to England from Tunisia

Hi
I will be starting a 9 month maternity cover job contract in July salary of £23k
I will be marrying in October . As you have to prove 6 months salary and a contract of employment for my husband to come over . As this is only a 9.month contract will there be an issue with this as my contract will end in March ???
I will be applying for my husbands visa in January.
The employment contract will stipiulate 9 months .

Comments

  • @kimmo
    Everything you need to know is here in Appendix FM Specified Evidence. These are the legal requirements specified by the Home Office in regard to spouse visas.

    https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence
    SECTION 5 relates to the specified evidence pertaining to maternity leave
  • Thank you
    It is unclear to me if a 9 month contract of work will suffice.
    I last worked in October 2015
    My new job will start July 2016 and will last only for a period of 9 months (covering a lady that has gone on maternity leave).
    When I apply for the visa in january 2017 I will not be able to provide evidence of the last 12 months employment as I stopped working in October 2015.
    However I can provide 6 months payslips for this new job . But my concern is that the contract of employment will state that I only have a 9 month contract which will end in March. As I am applying in january for my fiancees visa . Will this be a problem ?
  • edited June 2016
    @kimmo
    So you are not on maternity leave you are covering for someone on maternity leave. You did not make that clear. These are the problems you encounter when you try to do these complicated applications on your own, without taking legal advice.

    You DO NOT need to show 12 months employment once again I refer you to the MANDATORY immigration rules.
    https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence
    Section 2 states:-
    2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
    (a) Payslips covering:
    (i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months
    (and where paragraph 13(b) of this Appendix does not apply); or
    (ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

    When you apply for your husbands visa you will have been employed for 6 months . I would apply personally in February 2017 as then you are clear of 6 months. it is irrelevant that the job is for 9 months.

    If you scroll down to the next section you will see what your employer has to write.

    (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
    (i) the person’s employment and gross annual salary;
    (ii) the length of their employment; (date you began working to date of application)
    (iii) the period over which they have been or were paid the level of salary relied upon in the application; ( last salary eg 31 January 2017)and
    (iv) the type of employment (permanent, fixed-term contract or agency).

    You DO NOT need to give your contract of employment as evidence you give only what FM SE states.

    Do you understand?

  • Yes
    What was my concern : would it have an impact on the visa ? as I would be ending the job in March. As the employer will put the length of the contract. Surely they will be concerned if do not find another job. Would they not be looking to see that I can support my fiancee . So if i show the last 6 months which I understand. will they not also focus on the fact that it Is only a 9month job. (ii the length of the employement)
  • I.e a fixed term.contract . Will.not look as good as a permanent job
  • @kimmo
    You only have to show six months employment, that is the law as specified in FM-SE.

    I have advised on many different applications for many different countries , often these people have only just started a job and are still in the probationary period, some have fixed contracts like you, some have just had a pay rise , some work two jobs but they all earned the required salary, no one these days has a job for life.

    In my opinion this is your best opportunity. An employer letter is required NOT your contract, your employer simply puts fixed term contract full time employee. May be the person will not return from maternity leave, who knows.

    It is your responsibility to find further employment to enable you to continue to sponsor your husband so that 30 months later you are still earning the required salary, to enable him to extend his visa.

  • Thank you
    Can i ask do I have to be in continous employment for the 30 months. Or would it just be a requirement 6 months before as with the initial visa .? As I didnt realise this before.
    Also if my fiancee is working would it or could it work on his Salary ?. I.e if i am not working
    Or could it work on both of our salaries combined ?
    Like you say not everyone has a job for life these days.
  • I.e if my husband gets a job when he is in England
  • @kimmo
    One of you needs to be in continous employment, your husband is not supposed to be living on benefits with you. You will need to show 30 months of documents when you apply for the extension, pay slips, bank statements, bills and letters showing you both at the same addtress etc.

    At the end of 30 months you need to show you have a Joint income of £18600 or more, once again the last six months is the most important. However if you are existing on benefits for several months you may have problems.

    Becoming pregnant and having a child in this time is not an excuse not to meet the £18600 rule. You can apply for benefits but your husband is not allowed to live on these benefits.

    At the moment the same rules apply at the end of five years when people apply for Indefinite Leave to Remain. You must show you are still earning a joint income of £18,600 , once again you will need to supply documents showing your financial situation over the second 30 month period.
  • Salem alakum Alethia, I think my case is a most complicated issue. ..I tryed reading from this forum a lot of different experience for make sure I am not asking the same questions all over again, but I thought I need to explain my situation before I as my questions so thank you for your kind help and patience! First of all I am originally Hungaryan and have a Tunisian fiance . I living in United Kingdom because my previous husband were British and we have 2 British citizen kids, therefore I have the right to remain in UK, but the new low asking for a permanent residence card which I am just about to apply for. ..but they holding the passport for 4-6 month. ..which means I will be locking in UK cannot visit my fiance. ...and we cannot live without each other longer than max 3 months. .anyway so we planning to get Marrird In 2017, but I don't know that which embassy I go for...because I have no Intention to lIving in Hungary. ...my ex not let the boys out from UK otherwise we all be happy to live in Tunisia even my boys really love beeing in there and the new extended family, The problem is that I am receiving benefits here because I used to have a very abusive relationship and suffering with anxiety and depression so at the moment I cannot work before I was locked up by my ex as a " housewife " he never let me legally work....as I read lots of think here it is clear whichpaperwork needed. ..but if they know about my illness can I have the Dr certificate for the marriage. ...and then even if we can get married. ..after I will need to provide for him for the visa lots of think about my financ ...which means ....do I get up before I even start..? because honestly. ...it is looks like the burocraci don't care about real love and relationships. ...my illness is always gets better when we together and my plane is that to go back to work but I only can do if my partner with me and we share the responsibility for looking after the childrens too...so How likely we ever get the visa for him ? and how likely the office want to help me and my children to have a new whole family. ...They call my fiance daddy. ..and they always asking when daddy come living with Us and why he cannot come...? I wish all this just will be simplify like the children thinking. Anyway so please help me where to start....oh I was asking for a legal advice company whose were specialised for marriage and visa ..but because I am not working therefor they say cannot help ....do you think if we say that my fiance will be my career because my illness not let me work at the moment. .is it help or make it worse? Thank you

  • @Jazmin
    The Home Office/ British government are not interested in your ill health.
    The government is certainly not interested in your previous marriage..

    There is away however for you to bring your Tunisian husband to the UK. You are a Hungarian citizen (I assume you have no British passport) and if you get a job even part time or become a student you will be exercising EU treaty rights under the treaty of Rome EU directive 2004/38/EC that states all EU citizens who are living studying or working in another EU country other than their own can have their non EU spouse live with them
    This means you do NOTneed to earn the £18600 that is required of British citizens you simply need have to have job and a place to live. Your Tunisian husband will get a 5 year viss
    The immigration advisor gave you incorrect advice.
    The UK has not left tbe EU yet so you have time to marry and apply for your spouse.

    Livinig in Tunisia by the way is a fairytale high unemployment poor standards of living is no place for you or your children your ex husband is correct to stop that. As for calling your Tunisian boyfriend daddy that I find appalling. Your children have one father whom I assume they see and who has rights as their father. You are wrong to allow your children to be confused in this way.
  • Thank you so much very appreciated your kind words and very fast reply. ..I will do in this way ...oh just one more thing. ...nobody told or force the children to call my fiance daddy. ..it was They own desire ..even so I explained exactly the same way you just sayed ....They keep continue. ..They think have the original English daddy and the new Tunisian daddy. .....children. ..what can I do ....I just try not to upsetting them , and happy for that they assept my new relationship....anyway if I stuck somewhere I will come back
  • One more think just wanted to say ....I think or myself it isn't that bad the Tunisian life ....I like the simple life style and the nice culture, traditions and that the family living together or near to helping for older parents or helping for each other to looking after each other children ,sharing food etc...my fiance maybe the lucky one ,but he is working very hard for every penny he has his own appartman also he is have a litte food shop ....also selling and buying second hand motorcycles. ..making tattos in holiday season or helping out renting privite properties for turists ...He try standing on more feet and that what I don't see in UK what he is going to do ...He know everyone in his city and everybody like him respect him ....don't know how is will be in UK I feel the same he might be too idealised the life in the UK like a faery tail...but otherwise Yes We all agreed who we are responsible for the children future. ...yes we need to stay in the UK on the children sake. We go for Holiday to Tunisia in the future ....
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