Mixed employment history is causing confusions for Spouse visa.

[flowingwater]

Hi,

I am a British citizen and I got married few months back and my wife is Indian national. She hasn't travelled to UK so far and we are in process to apply her UK spouse visa.

She has added her family name (fathers surname) to her name few years back. Which means her first name stayed same, old surname became middle name and family name was added as surname.

Lets assume below is the name:
Old Name: Joe Bloggs
New Name: Joe Bloggs Nerk

Her first passport was issued with changed name Joe Bloggs Nerk. Our marriage was also registered with her same name Joe Bloggs Nerk. But all her degree certificates were issued to her old name Joe Bloggs, because she completed her degree before the name change.

She has misplaced all the documents they produced to change her name then, including newspaper advert. It happened in 2017 and it is almost impossible to find a two years old newspaper.

We are looking to use NARIC's "Visas and Nationality service" to validate her degree and level of English, but all her degree certificates has old name Joe Bloggs on it.

In this situation I am really confused how will we convince UKBA that she is the same person and what evidence they normally expect in such situation.

I will really appreciate any help and suggestions.

Thanks

[seagul]

In this situation I am really confused how will we convince UKBA that she is the same person and what evidence they normally expect in such situation.

I will really appreciate any help and suggestions.

Thanks

To bypass all these mental fear why not just sit in English test B1 ielts life skills which will cost same as the NARIC will charge. B1 will not only meet the requirement of A1 but also of A2 too.

[Korekt]

old surname became middle name and family name was added as surname.

Who does the old surname belong to?

Does she bear any of your names at all?

[flowingwater]

old surname became middle name and family name was added as surname.

Who does the old surname belong to?

Does she bear any of your names at all?

Old surname (which is middle name now) is religious name, we belong to Sikhism and we all use Singh/kaur as surname or middle name. As I mentioned above, current surname belongs to her family, not bearing my names at all.

[flowingwater]

To bypass all these mental fear why not just sit in English test B1 ielts life skills which will cost same as the NARIC will charge. B1 will not only meet the requirement of A1 but also of A2 too.
[/quote]

Hi, thanks for your reply. I understand what you mean and looks like a safer option to me. But I am considering NARIC over IELTS because IELTS will delay her arrival time by one month at least and NARIC offers 24/48 hours service.

Can we give an affidavit to confirm that she was knob with different name before? Or it is still risky?

[flowingwater]

Hi,

I am British Citizen and I am in process to applying my wife's spouse visa. She is Indian national.

I was in permanent employment till July this year but then I started contracting. I don't have an issue meeting the earning threshold but when we are completing the online application, it asking me to provide end date of the last financial year, or if a director of a specified limited company, then provide the end date of the company's last financial year. It is a required field and not letting me to enter the future date.

My company was not in business then and it does not have a history of financial year.

Then further down there is another questions, it is not expecting zero and it is a required field too.
What was the income (in GBP) from self-employment in the last financial year?


Can anyone please suggest me what shall I do in this case?

Kind Regards

[geoeng]

Can you confirm that by "contracting" you mean you are self-employed or the director of a limited company rather than employed by an agency? For Categories F and G of the financial requirements, you can only rely on income from the last full financial year or the average of the income received in the last two full financial years, respectively. Income from partial financial years cannot be used as far as I can tell from the guidance. You will either have to wait to apply until you have completed a full financial year or apply under a different category (e.g. cash savings or employment income).

[flowingwater]

Thanks for your reply. Yes I am limited company director.

However I was in permanent for 3 years before and left the permanent in June this year. Salary from permanent should be meeting the requirements for visa but if I am selecting that option then it is asking me to provide details of current employment.

[CR001]

Thanks for your reply. Yes I am limited company director.

However I was in permanent for 3 years before and left the permanent in June this year. Salary from permanent should be meeting the requirements for visa but if I am selecting that option then it is asking me to provide details of current employment.

It really would be have been far more simple if you had waited to go self employed and continued your permanent employment till visa has been granted.

[geoeng]

However I was in permanent for 3 years before and left the permanent in June this year. Salary from permanent should be meeting the requirements for visa but if I am selecting that option then it is asking me to provide details of current employment.

Category A and B only really apply if you are currently employed. If you have made enough from employment earnings in the previous 12 months to satisfy the financial requirements, there is the option of returning to salaried employment in a position that also meets the financial requirements. In this case you could apply under Category B as they would count the gross annual salary at the date of application towards the financial requirement and leave the contracting earnings out entirely.

[seagul]

In this case you could apply under Category B as they would count the gross annual salary at the date of application towards the financial requirement

OP left his permanent job in June and now is almost October. Even the op might have earned far sufficient then required during the last 12 months to meet the second part of category B but he will be failed to fulfil its first part. Also he couldn't get the employer letter dated no earlier than 28 days before the date of application.

[geoeng]

OP left his permanent job in June and now is almost October. Even the op might have earned far sufficient then required during the last 12 months to meet the second part of category B but he will be failed to fulfil its first part. Also he couldn't get the employer letter dated no earlier than 28 days before the date of application.

Yes, OP would have to be in a new salaried job at the time of application in order to apply under category B. Would also have to go back to old employer and ask for a letter dated within 28 days of applying.

[seagul]

Would also have to go back to old employer and ask for a letter dated within 28 days of applying.

28 days rule only applies relating to the latest document from current employer. Letter from previous employer can be older than that (not everyone is being asked about it).

[flowingwater]

Hi,

I am a British citizen, I got married few months back and my wife is Indian national. She hasn't travelled to UK so far and we are in process to apply her UK spouse visa.

But due to my recent change in employment it became bit complicated. I was in permanent employment till June/July 2019 and since then I have started working as a contractor (Self-employed). Salary from permanent employment from Dec 2018 to July 2019 is more than the threshold. But I am not in that employment anymore. Earning from my self employment is also meeting the requirements but I don't have self assessment details to declare in visa form (because my first self assessment is due in May 2020).

While doing some research I cam across below, Can someone please suggest me I we am meeting the home office requirement or not. If yes then what shall I request my accountant to prepare as a supporting document?

9.3.6. Income under Category F or Category G can be combined with income from salaried and
non-salaried employment, non-employment income and pension income in order to
meet the financial requirement. However, unlike with other Categories, these sources of
income must fall within the relevant financial year(s) in order to be included. Under
Category F or Category G, all sources of income must fall within the financial year(s)
relied on and must still be a source of income at the time of application. For example, to
count income from property rental the income must have been received during the
relevant financial year(s) and the property must still be owned by the relevant person at
the date of application.

Ref: Financial Requirement Appendix

Thanks

[seagul]

Better to wait until your first assessment year finishes and use only your self employment. You will need a lot of documents for this route which you can find in same guidance.

[flowingwater]

Better to wait until your first assessment year finishes and use only your self employment. You will need a lot of documents for this route which you can find in same guidance.

Thanks for your reply. Do you mean it is better to wait for self assessment? Because I believe self assessment can be completed anytime after 31st of October. If that is the case then I can instruct my accountant to complete self assessment.

If you mean waiting for End of financial year then it will be a long wait till May/June 2020.

Online form asks for previous Financial Years completion date, I does not take any future date, So I looks like I can only apply as exceptional circumstances and that is a risk.

It is bit frustrating that I UKBA has left this big gap in their guideline and that means no one can switch employment or employment type if they are looking to apply for their spouse.

[geoeng]

Thanks for your reply. Do you mean it is better to wait for self assessment? Because I believe self assessment can be completed anytime after 31st of October. If that is the case then I can instruct my accountant to complete self assessment.

If you mean waiting for End of financial year then it will be a long wait till May/June 2020.

Online form asks for previous Financial Years completion date, I does not take any future date, So I looks like I can only apply as exceptional circumstances and that is a risk.

It is bit frustrating that I UKBA has left this big gap in their guideline and that means no one can switch employment or employment type if they are looking to apply for their spouse.

It isn't just the self assessment you will have to provide. There are several other pieces of documentation that will be required for the last full financial year and the rules are fairly explicit with that. The intent of the rules is to show an ongoing ability to support a spouse without them relying on public funds. It's not a gap, it's an intentional means of requiring applicants to show a sustained level of income.

[TODMATT]

I agree with CR001 that you should have stayed in your previous employment before switching to self employed. Unfortunately, you can't apply under employment route except if you can find another employment route then it is possible you can apply under CAT B provided you can fulfill the 2 conditions as CAT F is not a viable option to go for since you have recently started as self employed and your most recent financial year will probably be next year. You will be spend £££ by risking your application so except if you can find another job then this is possible in my view.

[seagul]

if you can find another employment route then it is possible you can apply under CAT B provided you can fulfill the 2 conditions

OP has left the employment in June 2019 and 2 conditions wont be met. Only solution is cash savings

[flowingwater]

Hi,

I am in process to complete apply spouse visa for my wife. I am British national and my past one year employment has been a bit of mix:

From April to June 2019 I was in permanent employment.
Then I worked as a self employed contractor (outside IR35) for next six month as a limited company director.
Since then I have been working as a inside IR35 contractor and still using my limited company to charge client.

I have submitted corporation tax and self-assessment already.

For inside IR35 contract I have been charging my employer through my limited company, which means my limited company raises an invoice for my services, employer pay into business bank account each month after deducting NI and basic 20% tax and issues a Payslip to me. Once money is in my limited company account, I take full amount out into my personal account (leaving company profit zero). Then while self assessment, I pay tax for any earning under higher bracket.

As per my understanding while submitting form I should be ticking that I will be relying on both Self-employment and employment (please correct me if I am wrong).

Then to prove my ongoing employment as a director, I need provide following:

Evidence of ongoing employment as a director of the company or of ongoing dividend income from the company at the date of application
This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person's salary as a director of the company (or dividend income from the company) was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National insurance contributions in relation to the company.

I am confuse here that how I can provide my payslips as a director of company, because payslips are issued by employer instead of my limited company. Can anyone please suggest me what documents I need to simplify it for case reader.

Thanks