Applying for Set(M) soon. Got a couple of queries though.

[yasmeen87]

I have a few queries regarding my husband applying for set(m) visa.

I’ll start from the beginning so you can get all the facts.

My husband came to UK for first time in Jan 05 on student visa. We met early 2007 and got married after getting CEO in March 08. In April 08 he got the 2 year settlement visa, before this he was still on a student visa. Then in May 08 we went to his country, Pakistan. We only intended to go for a 1 month holiday but ending up staying for 11 months. We came back in 1st April 2009. From what I could understand of the UK Border Agency website this would not be a problem as we were both out of the country together (and have stamps in our passport to prove it) and my husband has spent more than 2 years in this country even though it was on a student visa. Is this correct?

As we were not in the country for that year we did not have any bank statements, bills, etc. and as we were living with my parents at the time we’re just kept our belongings there. Our bank account was empty so we never received any statements. We have plenty of documents since we’ve been back, more than required, but would it be a problem that they are only over the last 1 year?

Last thing is my husband only gets paid by cash and he doesn’t get any payslips. He keeps asking his boss to give him pay slips but he just says next month and never does it. He is willing to write a letter to confirm he in employed with him full time but he’s not giving pay slips and my husband can’t leave the job because of this, there is no work in our town, he has been looking and applying because of this but has had no luck. We can show in our bank statements that we regularly deposit cash and we always have plenty of money in our account even after all bills and rent are paid. We don’t have any credit cards, loans, debts, overdraft, etc. I don't work at all. Would this be a problem?

We’re trying to get a PEO appointment so we can have a chance to explain the situation, but failing that we are going to have to send by post because his visa expires on 9th April, we didn’t know about the new online system and having to book well in advance.

Any help much appreciated.

[yasmeen87]

Update: We have an appointment on Thursday at 12pm in Croydon.

Could really do with some advise please.

[Wanderer]

I'd cancel the appointment, no way is this a straightforward application that can be dealt with at the PEO. They won't listen to explanations, they only deal with rubber-stamp jobbies.

[Tim555]

Update: We have an appointment on Thursday at 12pm in Croydon.

Could really do with some advise please.

The most important thing is Life in UK certificate. Did your hubby pass the certificate?

2ndly, I guess you both were living together either in UK or Pakistan during last two years so I feel ( my personal view, correct me if I'm wrong ) it should be allright.

3rd, If you are not on income support or any benefits than Its ok. However you have to satisfy Home Office on your hubby's earning. He must have payslips, just a employment letter is not enough. You can get a sponsor letter from your relatives or parients saying they support you and your hubby, if possible.

I advise you should go and attend the appointment. In worst case senario If home office remains dissatisfy they might extend your hubby's spouse visa.

Hope for the best. Wish you good Luck.

Regards,

[yasmeen87]

Yes my husband has passed Like in UK test, first time, last week.

Our bank statements show that for the past one year we have always had plenty of money in the account to cover rent, bills, food and extra. We never had any benefits.

I have payslips from his previous employer which he was working from April 09 until July 09. But none since then form this employer.

We have to have peo appointment because we need our passports back before 6 months, we got to go Pakistan next month.

[yasmeen87]

Thankfully we DIDN'T take the advice of the first person who commented.

I wrote covering letters to explain anything that was missing.

We got the visa today, no questions asked.

But we may have just a had a nice case worker.

My advice though to anyone applying for this visa is, take ALL documents, the more the better, we had so many the checking desk downstairs said she didn't need to see them because we obviously had enough, Just asked passports and life in uk test pass letter. Also other advice is that if there is anything to need to explain, 11 months absence from the country in our case, write a covering letter and both of you sign it.

[Wanderer]

Congratulations, from the guy with first bit of advice!

I can swallow my pride but I still stick to my guns, I think you got a sympathetic ear and good for you, UKBA is not normally so understanding as those of us who've been here a while know...

Anyway, again, well done..!

[Tim555]

Thankfully we DIDN'T take the advice of the first person who commented.

I wrote covering letters to explain anything that was missing.

We got the visa today, no questions asked.

But we may have just a had a nice case worker.

My advice though to anyone applying for this visa is, take ALL documents, the more the better, we had so many the checking desk downstairs said she didn't need to see them because we obviously had enough, Just asked passports and life in uk test pass letter. Also other advice is that if there is anything to need to explain, 11 months absence from the country in our case, write a covering letter and both of you sign it.

WellDone. I'm so glad
See you did not loss your heart and did it by the end of day thats why I advised ''attend the appointment and hope for the best''.

Many congrats and wish you good luck for rest of journey

Regards,

[yasmeen87]

Thanks Tim.

He never even asked us for payslips, possibly because our bank statement showed that we always have a good amount of money in our account even after all the bills and rent have left it. So i guess that would show we wouldn't be relying on benefits anyway.

I also wrote a covering letter for the period we was away and gave him a few documents from Pakistan about me applying for nationality there which were stamped by the courts during the period we were not in uk. I also had my parents write a letter saying that whilst we were in pakistan on an 'extended holiday' we were still receiving any mail at their address and our personal belongings were still there. They included a contact number should they want to call, but they never did call them.

Of course this doesn't mean that another case worker won't want pay slips, they might do. But i think if someone is going to go anyway without them, they shoud explain in a covering letter why they haven't got them and try to get thier employer to write a letter confirming thier employment and earnings including a telephone number to be contacted on.

[Tim555]

Thanks Tim.

He never even asked us for payslips, possibly because our bank statement showed that we always have a good amount of money in our account even after all the bills and rent have left it. So i guess that would show we wouldn't be relying on benefits anyway.

I also wrote a covering letter for the period we was away and gave him a few documents from Pakistan about me applying for nationality there which were stamped by the courts during the period we were not in uk. I also had my parents write a letter saying that whilst we were in pakistan on an 'extended holiday' we were still receiving any mail at their address and our personal belongings were still there. They included a contact number should they want to call, but they never did call them.

Of course this doesn't mean that another case worker won't want pay slips, they might do. But i think if someone is going to go anyway without them, they shoud explain in a covering letter why they haven't got them and try to get thier employer to write a letter confirming thier employment and earnings including a telephone number to be contacted on.

Yes. In your case the covering was a main key to success, where you explained them everything and make their life easier to have a bird's view on your application.

Luckily they did not ask for payslips, in most cases if someone is working they ask for payslip to prove their earning and tax/NIC contribution. Why I advised for payslips with employer letter ( not just letter ) because UKBA has authority to double check with INLAND REVENUE if the applicants is working and how much is the earnings and tax/NIC contribution through applicants National Insurance Number. UKBA can not find any registered earnings and Paye/NIC contribution on NINO if someone is working, getting cash in hand without tax deduction (PAYE/NIC, Payslips ).

Anyways, it was your day. wish you good luck for rest of journey.