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Accepted For New Work

Discussion in 'General Chit Chat' started by Howerd, Feb 11, 2012.

  1. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    In the past few days I have completed my application for work with Arise UK, done a short speech test over the phone and successfully passed a 25 minute interview, Got back the results of a criminal record check today, so all systems are go!

    It is not a 'job' as the position is self-employed and I can work from home on inbound telephone sales. It will not give me an income within the territory of what the government is considering for sponsors, so I just hope the government backs down!
  2. Micawber
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    Micawber Renowned Lifetime Member

    Congrats and well done :like:

    Don't worry too much about new immigration rules, as I've always said, "where there's a will there's a way"
    We can help you cross that bridge later.
  3. oss
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    oss Somewhere Staff Member

    Congratulations Howerd, it's a great boost to be in work! :like:
  4. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    I am very worried about the possibility of new immigration rules as my gross income will be no where near the suggested new minimum limits! I have seen mention of coming to the UK via an EU country but I don't really know what is involved, but it seems it probably involves working in the EU for a few months and that would really be impossible in my case.

    I think any new earnings limit being considered for family sponsorship that is solely based on gross income, is fatally flawed.

    My gross income, once I start new work, will probably be around £14,000/year, including Tax Credits, DLA Mobility and interest on savings. But I will pay no tax, I own my house outright, have no ex-wife or children to support so would meet a residual income limit of twice the current (£5,500/year) figure!

    I now think it would be best for my loved one to apply for a Fiancee Visa (rather than us getting married in PH). Even if the proposed new gross income limits are imposed on a Fiancee Visa, there are legal precedents showing that capital can be used to fund any 'income' requirements during the period of a Visa.

    I could easily fund my loved one for six months (using capital to meet the income requirements) and I am pretty confident she could at least get an offer of work during those six months. If she did secure a job offer before her Fiancee Visa expired, then we would probably meet those proposed new income requirements.

    I think the situation would be more problematic if we got married in the Philippines, as she would then be applying for a spouse visa. Currently, a Spouse Visa is granted for 27 months but the new proposal is for five years. I could not meet the suggested new income requirements out of capital for five years (especially as I retire in just over four years) and it is far less likely that my loved one could get a UK job offer whilst still in the Philippines.

    Just to add, my fiancee would actually prefer to be married in the UK anyway! We had only been considering a Philippines wedding because her family is there and a perception that getting a Spouse Visa is easier than a getting a Fiancee Visa.
    Last edited: Feb 11, 2012
  5. Micawber
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    Micawber Renowned Lifetime Member

    Howerd,
    I can't answer all the issued you mentioned right now, as I need to leave the house.
    But, you really shouldn't be too concerned.

    I'm sure you heard that expression 'a little knowledge can be dangerous' and most of your assumptions are not quite correct.
    There's nothing you can do just now until annulment, so stop worrying and try to relax. As I said we are all here to help.
  6. Kuya
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    Kuya The Geeky One Staff Member

    Howerd, I am sure everything will be ok for you and your mahal. The main thing is that you are working and earning an income, there are plenty of others with less than that who manage to bring their wives/husbands to the UK:like:
  7. aposhark
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    aposhark Well-Known Member Lifetime Member

    Congrats with the new job, Howerd :)

    Remember that your fiancee will not be able to work legally on a Fiancee visa!
    Last edited: Feb 12, 2012
  8. Aromulus
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    Aromulus The Don Staff Member

    Well.............. You deserve to be admired, mate.;)

    You are doing something very positive to increase your chances to be with your mahal, and that is commendable.

    There is nothing like "getting on your bike" to look for a job, and come home with it.........:like:
  9. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    Yes, I know - but just hope her prospective income would be taken into account when converting Fiancee Visa into FLR.
  10. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    Thanks, Kuya, it is the possible rise in income limits that could be the real stumbling block.
  11. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    Thanks Don, I am just surprised how easy it is get work without getting a bike or even leaving the house!
  12. Kuya
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    Kuya The Geeky One Staff Member

    Mate, that could bite me on the backside too (though with bonuses and overtime I easily pass the threshold, but you know they won't accept that). So if the new proposed income limit comes into force before I apply for a spouse visa, I too will be getting another job - for Sundays.
  13. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    Well, just taken my first exam in umpteen years! Passed with flying colours - achieving 95%. That means I can now start the client course, which takes six weeks (4 hours each weekday). So, on course to actually start work in the new tax year.
  14. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    Not sure that I would have it in me to work seven days/week. If the UK Government puts too many more obstacles in the way, I would probably just give up.
  15. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Never give up Howerd just think outside the box mate the euro route is wide open and if your work is online you dont have to do it from the UK de ba?
  16. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    Unfortunately, I think in order to avoid workers from overseas getting jobs in the UK, there are measures in place to stop on-line work being done from overseas. With the company I am working for now and the previous company I worked for, the work could only be done within the UK or Eire. I have to use a land-line number (not VOIP) for incoming calls, and I guess there are checks done on the IP address as well.

    So, unless Eire is one of the euro route countries, there is really no way of avoiding any new UK immigration rules. And being aged 60, disabled, no career path and no other language skills, there is not a cat in hell's chance that I would get a job anywhere other than UK!
    Last edited: Feb 19, 2012
  17. oss
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    oss Somewhere Staff Member

    It is Howerd.

    I had considered the European route as I have a valid claim on Irish ancestry and am eligible for an Irish Passport but the practicalities of moving to Ireland and trying to set up a home are simply too much, just too hard. :(

    There was and is a small chance that my work could take me to Poland for an extended period that could open some doors for me, but to be honest I am not that fond of the place, even more dreary than Scotland. :)
  18. Aromulus
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    Aromulus The Don Staff Member

    Oss you would not have to move to Ireland.
    Obtaining an Irish Passport would be sufficient for you to exert your rights as a EU resident in the UK.

    But I am not quite sure if that little hole has been plugged yet, there was some case on a few months ago.
    Will have a scout around............
  19. Kuya
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    Kuya The Geeky One Staff Member

    This is good to know... :like: I guess with an Irish father and a mother who was raised in Ireland (to Irish parents) I could opt for that route if things get difficult.
  20. Micawber
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    Micawber Renowned Lifetime Member

    Yes, it's currently still being allowed, but for how long..........?
    My advice to anyone in the position of being able to secure an Irish passport is to apply sooner rather than later. There is an ongoing discussion at the HO on the "if's and when's" of putting a stop to this route.

    Look here general information on EEA family permits

    Take a look at the UKBA page for EEA Family Permit for details of what it is and how to apply:-
    Look here also for some very good additional information on the EEA Family Permit.


    The 'risk' for dual British/Irish citizens thinking of using this route is that The European Court of Justice has previously handed down it's ruling on this and has dismissed the appeal based on the case of McCarthy v Secretary of State for the Home Department -Case C-434/09

    What this means is that dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on European rules.

    At the moment the Home Office MAY continue to grant EEA family permits and residence cards to family members of persons in this situation.

    But, all applicants need to be aware that the status granted is not legally held, it is solely a policy decision by the Home Office and this could change at anytime. Just now it's a totally unpredictable situation.

    However, the Home Office has allowed the family members of dual British/other EEA citizens to use the European route and still does. To date. they have not yet responded to the McCarthy ruling in any way.

    They may do so at any time or may never do so, nobody knows.

    If the Home Office does in fact follow the McCarthy ruling it might well be deemed unreasonable to appeal if your wife were refused, since the Home Office would actually be legally correct.


    Personally, I would be hugely tempted to secure dual British/Irish citizenship and would very seriously consider this route .
    To me, it would still be well worth the risk to apply, after all, there is no financial cost, BUT the waiting time is an unknown factor.

    The EEA family permit is principally a "right" and so in principle there is no need for the EEA national to have money, to have suitable accommodation, to have been married for more than a day or to have the spouse pass any English Language test.

    Another aspect to bear in mind is that currently under the EEA familily permit your wife needs 5 years of UK residence to acquire UK permanent residence, (same as ILR), then another one year as a permanent resident in order to qualify for the naturalisation application.

    Mind you, that might also be the case for the regular spouse route after April 2012 if the govt introduces it's proposed changes.

    Anyone interested will need to do some reading of the above links and to also consider the risks vs benefits, no-one can advise or guide on this, it's a very personal choice and solely down to the circumstances of the applicant.

    If the potentially longer wait is possible, the cost is zero.
    But it may well be closed after April. Who knows. Nothing to lose by applying now.IMO

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