UK Spouse visa query

[ahmed7786]

Dear respected members of the forum

Can you please advice me on the below:

I want to apply for the UK spouse visa and have started employment 7 months back.

I am earning more than £18600 which is the requirement. I am also able to get payslips for past 7 months.

However, I am not being paid my monthly. I have received my salary for past 7 months in this month that is January.

So, I have payslips of past 7 months but I have been paid only once though in full. My bank statement will show the net salary of 7 months but only in the month of January.

Will I be able to apply for the spouse visa?

Many thanks

Ahmed

Edited January 31, 2015 by ahmed7786

[Tony M]

Whether or not your employer meets his legal obligations is irrelevant, as you are the the one who has to prove that you meet the financial requirement, not him.

We do need more information. Are you a salaried employee ? That is, do you have an employment contract, showing an annual income ? Or are you paid an hourly rate, or per job, etc, etc ? Are you a contract worker, or self-employed ? These are relevant questions as different requirements apply to people who are are "salaried" and those who are paid differently, eg per job or per hour, or are self-employed.

Your situation is unusual, although not unknown. Jay Sata assumes your employer is withholding your salary, and that the "average worker" would find such circumstances difficult. But maybe you are not the "average worker", and that does not disbar you from meeting the financial requirements of the immigration rules. In theory, I think that a person could qualify even if they had only been employed for a month, as long as they earned more than 18,600 GBP in that month, had evidence of the job, a wage slip, and evidence that the salary was paid into the bank. Irregular, but meets the requirement.

So, give us more detail. Explain why you haven't had any salary paid in 6 months. Be wary of those who give their opinions and assumptions rather than knowledge of the requirements, and we might be able to help.

[ahmed7786]

Many thanks for your replies.

This company was started 7 months back in June by my boss (who was my colleague).

I am a salaried employee being paid on an hourly rate. I have that on my appointment letter.

I started with a salary of £2300 but I was told that he will be paying me money in January since that is when he will start making profits. I agreed to his conditions.

He will be back dating my salary payments via PAYE on the HMRC site so that it would show that I have been receiving my salary for each months since June 2014. So for every month since June 2014, he will show that my salary via PAYE.

The NI and Tax will be deducted as per the HMRC PAYE system.

The only issue is that my bank statement will not show my salary each months but only in January. It will show the net salary of 7 months.

Please advice.

Once again, many thanks for your replies

[Tony M]

If the bank statements do not correspond to the wage slips, then you will not qualify. I suppose, in theory, that you could have one wage slip, for January, for the whole salary as a non-salaried employee ( paid an hourly rate), but you would then have to also show that you earned 18,600 GBP in the 12 months prior to the date of application. If you can show that 18,600 GBP in the past 12 months, it could be do-able.

It looks like you will have to start qualifying now, after your first wage slip and a corresponding salary deposit into your bank.

Do you have any savings ? Could you qualify on savings rather than income ? You would need to show 62,500 GBP "under your control" for at least 6 months.

[ahmed7786]

Hi All

Many thanks. I believe that the best thing to do right now is to take salary for another 5-6 months and then apply for the visa.

Just one more question:

No where on the UKBA document is mentioned that if I am applying as a salaried person under category do I need to show P60

If there is, please do let me know.

Many thanks

Ahmed

[theoldgit]

Posts containing misleading and inaccurate advice, based on incorrect assumptions, removed.

I have asked before that members don't post their own assumptions as facts, people come to this forum for advice and, quite reasonably, use this advice when making applications as they have an expectation that the advice is accurate.

I have also removed a post where one highly qualified member has pointed out this inaccurate advice, I apologise to that member for not picking this up earlier.

I have removed a post hinting at preparing an application that would contravene Immigration Rules, and thus make the applicant liable for a ban from making future applications for ten years.

[Liquorice]

Ahmed, please read the Supporting Documents Checklist for Settlement.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270197/sup-docs-settlement.pdf

Then the Immigration Rules Appendix FM SE

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/393496/20150108_Immigration_Rules_-_Appendix_FM_SE_final.pdf

These give detailed information on the types of documents you should consider submitting for financial proof of supporting your spouse, including;

Bank statements or Bank books

Bank letter or Balance Certificate

Payslips

Tax Returns

Evidence of income from land or property

[7by7]

The evidence required to show the financial requirement is met is very specific, depending on how it is being met.

See the parts of Annex FM Section FM 1.7: Financial Requirement relevant to you.

Para 5.6 covers the evidence for salaried employment, and concludes

In addition to the evidence listed above, paragraph 2A of Appendix FM-SE specifies that P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.

So submitting a P60 is optional. If the specified evidence shows that the requirement is met, a P60 is not required. If there are doubts and you've not submitted one then the ECO should ask for it.

Up to you if you want to submit your last P60; if you have one. Of course, as you only started this job 7 months ago it wont cover this job; unless you delay the application until the end of the current tax year and your employer giving one to you.

Finally, ECOs have very little discretion on the evidence; see para 3.4 of the appendix.

[muzammil1124]

The evidence required to show the financial requirement is met is very specific, depending on how it is being met.

See the parts of Annex FM Section FM 1.7: Financial Requirement relevant to you.

Para 5.6 covers the evidence for salaried employment, and concludes

In addition to the evidence listed above, paragraph 2A of Appendix FM-SE specifies that P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.

So submitting a P60 is optional. If the specified evidence shows that the requirement is met, a P60 is not required. If there are doubts and you've not submitted one then the ECO should ask for it.

Up to you if you want to submit your last P60; if you have one. Of course, as you only started this job 7 months ago it wont cover this job; unless you delay the application until the end of the current tax year and your employer giving one to you.

Finally, ECOs have very little discretion on the evidence; see para 3.4 of the appendix.

Awesome guys, this happen to be the best immigration related forum on the net. Many thanks!!

I went to see a solicitor and told him about the situation. I said, if there is anyway I can do this say in 2-3 months.

He said that if my employer shows my net salary in cheque, i.e. he has been paying me in cheque after deducting my NI and Tax for every month from past 3-4 months.

And I have not yet encashed or deposited my cheque. I can deposit all of my 4 months pay cheque at the end of February. Then March in March and April in April.

Is this possible, I personally think you guys have more idea.

Many thanks

[Tony M]

The evidence required to show the financial requirement is met is very specific, depending on how it is being met.

See the parts of Annex FM Section FM 1.7: Financial Requirement relevant to you.

Para 5.6 covers the evidence for salaried employment, and concludes

In addition to the evidence listed above, paragraph 2A of Appendix FM-SE specifies that P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.

So submitting a P60 is optional. If the specified evidence shows that the requirement is met, a P60 is not required. If there are doubts and you've not submitted one then the ECO should ask for it.

Up to you if you want to submit your last P60; if you have one. Of course, as you only started this job 7 months ago it wont cover this job; unless you delay the application until the end of the current tax year and your employer giving one to you.

Finally, ECOs have very little discretion on the evidence; see para 3.4 of the appendix.

Awesome guys, this happen to be the best immigration related forum on the net. Many thanks!!

I went to see a solicitor and told him about the situation. I said, if there is anyway I can do this say in 2-3 months.

He said that if my employer shows my net salary in cheque, i.e. he has been paying me in cheque after deducting my NI and Tax for every month from past 3-4 months.

And I have not yet encashed or deposited my cheque. I can deposit all of my 4 months pay cheque at the end of February. Then March in March and April in April.

Is this possible, I personally think you guys have more idea.

Many thanks

I guess that might depend on how you interpret the wording of the immigration rules, which say ( my bold type) :

(ii) Payslips covering the period of 6 months prior to the date of application or such shorter period as the current employment has been held.

(iii) personal bank statement covering the same period as the payslips, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

[muzammil1124]

Hi Tony

Thanks!

What if I can get my employee letter stating that I get paid bi-annually.

You see, that is the thing. If I do that, I am kind of adhering to the wordings. I may have an argument. But that means my application will be rejected at first and then I will have to appeal and wait for 1 more year to actually get the visa.

I think, I will go with the advice provided. That is, will wait for another 6 months.

That means I will be covering the year end period for my employer. Does that mean I will then have to show them a P60?

Thanks once again Tony for the advice

Edited February 3, 2015 by muzammil1124

[Trevor1809]

He will be back dating my salary payments via PAYE on the HMRC site so that it would show that I have been receiving my salary for each months since June 2014. So for every month since June 2014, he will show that my salary via PAYE.

The NI and Tax will be deducted as per the HMRC PAYE system.

The only issue is that my bank statement will not show my salary each months but only in January. It will show the net salary of 7 months.

I am not sure that is how the PAYE system works since RTI came along. You can't simply back date PAYE as if you had been earning the money monthly. It assumes that you were paid and your boss would have had to have paid the tax and NI at the time.

HMRC will see the that you received a single payment in January. But that is your bosses problem.

Not sure how any of that affects the visa. Take it to its extreme, if you were paid a whole year's salary on the 5 April and exceeded £18600 do you meet the requirement or not?

If your boss was doing the paye correctly he would have had to have sent 6 month's worth of nil returns and now he is going to some how back date it 7 months. I think that HMRC will be asking him a few questions.

[Trevor1809]

"I guess that might depend on how you interpret the wording of the immigration rules, which say ( my bold type) :

(ii) Payslips covering the period of 6 months prior to the date of application or such shorter period as the current employment has been held.

(iii) personal bank statement covering the same period as the payslips, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly."

If it was that simple any cash in hand or self employed worker could go on line and download some free payroll software and generate his own totally fictious pay slips. Put some money into his account at the end of the year and say that he was only paid once or twice a year. That is why the pay slips must tally with what is going into the bank.

I can't see this working.

[Tony M]

"I guess that might depend on how you interpret the wording of the immigration rules, which say ( my bold type) :

(ii) Payslips covering the period of 6 months prior to the date of application or such shorter period as the current employment has been held.

(iii) personal bank statement covering the same period as the payslips, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly."

If it was that simple any cash in hand or self employed worker could go on line and download some free payroll software and generate his own totally fictious pay slips. Put some money into his account at the end of the year and say that he was only paid once or twice a year. That is why the pay slips must tally with what is going into the bank.

I can't see this working.

You might well be right, but it could also come down to interpretation of the wording. Or, it may be just as simple as you say it could be. There is, of course, nothing in the rules to say that salary cannot be paid once or twice a year, and some people may only work for one or two months a year anyway, or be paid at the end of a contract, for instance.

If it wasn't such a serious subject it would be amusing to note that these requirements are called "Specific Evidence". Specific evidence shouldn't need to have to go to an appeal court ( as it might do in this example) for a judge to decide on the interpretation. It should be specific.

[muzammil1124]

Thanks guys!

I actually thought that the cheque idea could work. I mean, the employer is paying me salary every week and is updating the PAYE via RTI at the same time. It was I who did not deposit my cheque in time. The bank statement would also show 6 different entries for 6 months of salary. Just that it would be in 1 month.

Not sure.

But thanks a lot!!!