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Posted

Hey all!

Ok so now in the final stages of the spouse visa app for UK for my thai wife, and i have only one final issue i have just noticed. Apologies for the long post.

I work for an umbrella company as an agency employee for a company. I earn the minimum for the UK req and can show this on my bank statements which are on their way to me now.

I also have a letter from my agency confirming employment and my hourly rate, and how long i have been with the company etc.

My issue though is with the payslips. I am paid weekly and always print out the payslips as this is the only option i have (printed in colour headed with company details etc), and i have highlighted on it my gross weekly wage and the date so it corresponds with my bank statement. I have 26 in all to cover the 6 months required (all 26 weeks pay goes over the minimum req).

I have just spotted though that they have to be original payslips...but if my employer only submits them online what can i do? I submitted a tourist visa app for my wife last year using the same method and it went through no problem.

I read somewhere that i could have tried to get them to stamp the payslips or get them to write a letter, but they have already sent the letter to me, and im not sure how they could even stamp them as their office is so far from where i live!

Any thoughts? Kind of in a rush now as last payslip was dated 1st Nov...so need to have it all submitted my 28th!

I have the whole application sitting next to me done and just waiting to add in the bank statements when they come through the post so i can get it off to thailand....and now im worried!!

Posted (edited)

The ECO has what is called "evidential flexibility". It means he has the choice of accepting your copy documents or not. If he is satisfied with the copies you send, then he will accept them. If he isn't satisfied, then he should ask you for the originals. He should give you 10 days to provide them. This is what the Rules say :

(d) If the applicant has submitted:
(i) A document in the wrong format; or
(ii) A document that is a copy and not an original document, or
(iii) A document that does not contain all of the specified information, but the missing information is verifiable from:
(1) other documents submitted with the application,
(2) the website of the organisation which issued the document, or
(3) the website of the appropriate regulatory body,the application may be granted exceptionally, providing the decision-maker is satisfied that the document(s) is genuine and that the applicant meets the requirement to which the document relates. The decision-maker reserves the right to request the specified original document(s) in the correct format in all cases where sub-paragraph (b ) applies, and to refuse applications if this material is not provided as set out in sub-paragraph (b ).
(e) Where the decision-maker is satisfied that there is a valid reason why a specified document(s) cannot be supplied, e.g. because it is not issued in a particular country or has been permanently lost, he or she may exercise discretion not to apply the requirement for the document(s) or to request alternative or additional information or document(s) be submitted by the applicant.
(f) Before making a decision under Appendix FM or this Appendix, the decision-maker may contact the applicant or their representative in writing or otherwise, to request further information or documents. The material requested must be received at the address specified in the request, within a reasonable timescale specified in the request.
Edited by Tony M
Posted

I'm pretty sure you'll be fine with what you have. Many peoples payslips are no more than an online 'print off' done by the company anyway.

In my last job, (small firm) the payslips we very '. Ordinary' looking...something that could easily be copied using microsoft word if I had wanted to!!

And even now in my current job, (massive company) the print out payslip I receive from my employee is just a print off of the version available for me to view online.

As long as all the figures match up (you said they do) with you bank statements etc, along with the letter from your company, then I wouldn't be too concerned tbh.

Coming to think of it, a couple of the payslips in my application were online prints that I had done at home (due to having mislaid the 'originals')...couldn't tell the difference!

Posted

From an Australian pov, my payslips get emailed to me, I printed them off and sent them in. I figured if they doubt them, then ring my boss.

Remember you pay for the service which if that entails them ringing someone to verify, then that's that, it's the job of your case worker. Btw, never had any issues.

Posted (edited)

From an Australian pov, my payslips get emailed to me, I printed them off and sent them in. I figured if they doubt them, then ring my boss.

Remember you pay for the service which if that entails them ringing someone to verify, then that's that, it's the job of your case worker. Btw, never had any issues.

Unfortunately, what happens in Australian visa applications is not relevant in this case, and not good advice for this OP. UK ECO's do not call anyone to verify payslips, and doing that kind of thing is not part of the service an applicant pays for. The onus is strictly on the applicant to provide the documents required, and the ECO can/will refuse if those documents are not provided, without making further enquiries. The Australian system is different, where each applicant is allocated a caseworker with whom they can liaise. The UK system is completely different. For instance, applicants will never learn the name of the person who dealt with their application, nor can they contact the Embassy visa section to make enquiries.

Edited by Tony M
  • Like 1
Posted

If you print an electronic timesheet then it must be an original. It certainly isn't a copy. I can understand why they woudl be suspicous of photo copies.

I do my payslips on a computer so I have no option but to print them whether they come from a recognised payroll system or from a spreadsheet. Either way they look exactly the same.

I do mine in excel as it a lot less faffing about than the payroll software. The Embassy didn't object to mine and I am not sure how they would have known how they were generated.

Posted

Spoke to my agency today they said they don't even produce paper pay slips!

I explained my situation, and they said for me to write what i want in a letter and they will put it on company paper and sign it!

Anything in particular i should write? I don't want to send all 26 payslips in for them to sign on, but thought maybe a letter confirming that they only use online payslips and that they were authentic?

I was wondering if they are not actually 'copies' anyway as they are the original that i receive, just that i have to print them? If they dont have paper copies it cant be a copy no?

Posted (edited)

The problem is that the ECO has no way of knowing that what you have presented is a true print out of your electronic payslips and has not been altered by you in some way. (I'm not saying that you would do this, of course.)

Therefore some form of confirmation is required.

However, I think you will be covered by the agency's letter and by your bank statements.

From Appendix FM-SE - Family members - specified evidence

A1. 1.(bb) Payslips must be
(i) original formal payslips issued by the employer and showing the employer's name; or
(ii) accompanied by a letter from the employer, on the employer's headed paper and signed by a senior official, confirming the payslips are authentic

So the letter should be as per (ii) above. If they are not willing to confirm the printouts as authentic because they have not seen them, then ask them to confirm your hourly rate and average number of hours you work each pay period.

I would also refer in your sponsor's letter to your bank statements showing when and how much you have been paid. These figures will, of course, confirm the net figure on your payslips.

I think this should be sufficient, but would like to hear TonyM's thoughts.

Edited by 7by7
Posted

The problem is that the ECO has no way of knowing that what you have presented is a true print out of your electronic payslips and has not been altered by you in some way. (I'm not saying that you would do this, of course.)

Therefore some form of confirmation is required.

However, I think you will be covered by the agency's letter and by your bank statements.

From Appendix FM-SE - Family members - specified evidence

A1. 1.(bb) Payslips must be

(i) original formal payslips issued by the employer and showing the employer's name; or

(ii) accompanied by a letter from the employer, on the employer's headed paper and signed by a senior official, confirming the payslips are authentic

So the letter should be as per (ii) above. If they are not willing to confirm the printouts as authentic because they have not seen them, then ask them to confirm your hourly rate and average number of hours you work each pay period.

I would also refer in your sponsor's letter to your bank statements showing when and how much you have been paid. These figures will, of course, confirm the net figure on your payslips.

I think this should be sufficient, but would like to hear TonyM's thoughts.

I agree with you, 7x7. I really don't think there is a problem as everything seems to be verifiable.

Posted

I actually have a letter confirming my hourly pay and how many hours i work from them already. So that leaves me with about 3 options i think:

I) Ask them to amend the letter and add that the payslips are only online.

II) Ask them to write a letter confirming that they don't issue payslips, but over the 26 period im providing statements for (3rd May - 1st) Nov i earned Gross (£10,807).

III) I track my gross and net pay totals in a spreadsheet which maybe i can get them to paste into a letter and confirm they match their totals?

I have amended my financial cover letter explaining that my payslips are online only, and that the totals in my net match my bank statements (highlighted in the bank statements).

I really appreciate all your help! Everything else is done and written now and ready to go, just got to get this letter done!

Posted

When my wife submitted her settlement visa application in August we submitted printouts of my online payslips as my employer also no longer sends out paper payslips. The employer's confirmation letter / stamp option was not possible due to travel commitments.

As suggested by 7by7 above, I submitted a summary table (excel printout) of my previous 6 months salary payments, including pay dates, gross / net amounts and the payslip reference numbers. This was added as a separate page to the application, signed and dated by myself.

I would say as long as you have the confirmation of employment letter with your rate of pay and original bank statements with the salary payments clearly highlighted the ECOs should use their discretion.

In our case discretion was used and my wife’s visa was issued.

Posted

I only receive online payslips and printed them out in colour. No problems at all with my wife's settlement application.

Sent from my iPhone using Thaivisa Connect Thailand mobile app

Posted (edited)

You can go to your local district court and get the person in charge i.e district court judge or officer of the court to write a short note he has seen your payslips and that they are original and co-inside with your bank details, get him or her to sign and stamp the letter. It costs nothing, just your time and is a nice back up. You may need to bring additional ID just to confirm your identity and perhaps your address.

I had to do something similar for a completely different matter..to prove, legally that I am indeed...alive! (and neither a doctor nor lawyers statement were acceptable forms as you can pay a doctor or a lawyer).

It does make me smile when I think about the time I had to prove I was alive to a government agency!

Edit:

Just sprung into my mind a friend, self employed had to go to court to prove his earnings and get a proper letter from the court so that his Thai wife could get her visa for the UK. Not sure what court though, magistrates, district or whatever. I´d certainly give it a go, since it won´t cost you and all you have to do is take your payslips all 26 of them and have them sign and stamp a statement saying you earn above the national minimum salary and the minimum required salary for a period of at least 6 months for your partner to come to UK.

Edited by DerekMarshall

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