Will an early payment of salary be a problem?

[Pilgrimme]

Hi
I have seen that prospective accommodation is mostly unacceptable, unless in the case of fiances. I've also searched these topics.

My future employer has committed in contract to supply rental accommodation when I, the UK citizen, and my family arrive from overseas.
But they can only supply details of the address once we have a travel date, obviously. They would not start renting a house for us if it's 3 months to 'maybe' getting the spouse visa.

Is there any way around this? What should I do for accommodation requirement?

Many thanks

[manci]

My future employer has committed in contract to supply rental accommodation when I, the UK citizen, and my family arrive from overseas

By reference to para 4 https://www.gov.uk/guidance/immigration ... d-evidence
your prospective employer in the UK will have to provide a letter

(a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant’s partner’s return to the UK; or
(b) enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant’s partner’s return to the UK.

If in this letter the prospective employer also confirms that they will provide rental accommodation for you and your family that should be sufficient.

[Pilgrimme]

I had a very definite response from an immigration agency that prospective accommodation is not acceptable. They recommend just using a friend or family home as reference, and supply the NOC and any other relevant documentation.

[manci]

I had a very definite response from an immigration agency that prospective accommodation is not acceptable

Even a hotel reservation would be acceptable on the basis that it is temporary accommodation pending you searching for and finding permanent accommodation once you and your family arrive in the UK.

By reference to the immigration rules (see below) your prospective employer's documented contractual commitment to provide accommodation will be acceptable:

E-ECP 3.3(b)
the applicant must provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds.




.

[TODMATT]

I had a very definite response from an immigration agency that prospective accommodation is not acceptable. They recommend just using a friend or family home as reference, and supply the NOC and any other relevant documentation.

People have successfully also used Airbnb for their application especially in your situation, the accommodation is included in your employment contract. As long as the accommodate is adequate and not overcrowded, you should be ok.

[Pilgrimme]

Hello
My wife and son have both South African, and Netherlands EU passports. They live in South Africa.
I have been filling the online form using their SA passport details, but I'm wondering if I should use EU instead.

I feel as if getting the visa in the EU passports would be favourable, even though Brexit has occurred. Renewing those passports would even be easier from the UK than renewing SA passports anywhere. EU passports are much more favorable anyway in general.

1.
Is there a potential problem if I use an EU passport instead of SA, as we live in SA?

2. I read that EEA children don't count towards the Financial Requirement. Does that apply to my son if he's living in SA?

Thank you

[alterhase58]

The UK visa regime now applies to all immigrants, including EU citizens - unless the EU citizen was resident in the UK by close of 31 Dec 2020, then they may qualify for EU Settled Status. Therefore there is no distinction between EU and non-EU citizens.

[Pilgrimme]

I understand that. What I'm asking is...
Can I hand in the EU passport for the visa, or must I hand the passport from my home country SA?
When we stay in the uk, it is more likely we will visit EU rather than South Africa... So can I get the visa pasted into the EU passport instead of SA? (we are applying from SA)

[JB007]

I understand that. What I'm asking is...
Can I hand in the EU passport for the visa, or must I hand the passport from my home country SA?
When we stay in the uk, it is more likely we will visit EU rather than South Africa... So can I get the visa pasted into the EU passport instead of SA? (we are applying from SA)

Your visa will be a card (BRP) that you collect from a post office when you enter the UK.
https://www.gov.uk/biometric-residence-permits

You will have to go a centre for your biometrics, in the country you are applying from
https://www.gov.uk/skilled-worker-visa/ ... ide-the-uk

[JB007]

Just noticed you are a UK citizen and your wife and children will be on family visas. They will still have to give biometrics and use a BRP.

https://www.gov.uk/government/publicati ... nformation

[Pilgrimme]

Thank you

If my spouse on the spouse visa then visits Europe and returns, can she enter through the egates using her BRP, or does she have to get a stamp / go past the officers booths?

Thank you for the insight.

[CR001]

She should get stamped in by the immigration officers and present BRP and passport.

[Pilgrimme]

Hello
I submitted my spouse visa application on the 18 Dec 2021

My gross salary (12 months, category B) was worked out from Dec 2020 to Nov2021
The bank statements will show that the salary for Dec2020 was paid by 10 Dec 2020 (in other words, older than 12 months from the application date by about a week)

Is this a problem.? Will the Dec2020 salary paid early on 10 Dec 2020 be ignored/discounted seeing as the application date is 18Dec2021?

If I need, I can cancel the visa application as I haven't done biometrics, but I really don't want to delay.

[TODMATT]

Hello
I submitted my spouse visa application on the 18 Dec 2021

My gross salary (12 months, category B) was worked out from Dec 2020 to Nov2021
The bank statements will show that the salary for Dec2020 was paid by 10 Dec 2020 (in other words, older than 12 months from the application date by about a week)

Is this a problem.? Will the Dec2020 salary paid early on 10 Dec 2020 be ignored/discounted seeing as the application date is 18Dec2021?

If I need, I can cancel the visa application as I haven't done biometrics, but I really don't want to delay.

You are suppose to cover the period of 12 months from the date of the application 18/12/2021 till 18/12/2020 so only income in this period will count. The payslip for December 2020, what does were you suppose to be paid ?

[Pilgrimme]

I am paid early since it's Christmas, with an extra annual bonus split over both 10th and 17th. (2payments). This happened last year and this year.

When I was gathering all my data before the online submission, I hadn't been paid yet. And I was aiming to describe 1 Dec to 30 Nov. I have a spreadsheet showing those months income. And my Gross value I submitted was based on that.

If I count January to December 2021, the income will be even more. But now I've already submitted the online application with the lower figure.

[Pilgrimme]

PS

Just a note... The actual payslip says Dec 31, and shows salary and bonus... Even though the payment is made earlier n 2 portions.

Can I just explain this in the cover letter and continue with the original plan and figures?

[TODMATT]

You have been paid early than expected so that income won't count because it is not within 12 months period from the date of the application.

Does the figure you used at the date of application fulfils the second condition of Category B? If not, I won't risk such application.

[manci]

My gross salary (12 months, category B) was worked out from Dec 2020 to Nov2021
The bank statements will show that the salary for Dec2020 was paid by 10 Dec 2020 (in other words, older than 12 months from the application date by about a week).
Is this a problem.?

I don't believe this is a problem

For Category by B two requirements have to be satisfied, ref the immigration rules Appendix FM-SE:

The first requirement
13 (b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;

The second requirement
15. In respect of paragraph 13(b) and paragraph 13(d), the provisions in this paragraph also apply:
(a) In order to evidence the level of gross annual income required by Appendix FM, the person must meet the requirements in paragraph 13(b) or paragraph 13(d)(i); and
(b) The person must also meet the level of gross annual income required by Appendix FM on the basis that their income is the total of:
(i) The gross income from salaried employment in the UK or overseas earned by the person in the 12 months prior to the date of application;

[TODMATT]

@Manci

The date of the application was 18th of December do you not think it will be an issue since OP was paid 10th of December which is not within 12 months period to satisfied condition number 2 of Category B.

[Korekt]

If I count January to December 2021, the income will be even more. But now I've already submitted the online application with the lower figure.

Are the payslips for this period not 12?

If the income from this period meets the requirement, then include the calculation as an additional note and upload to correct what was entered on the online form.

[Pilgrimme]

Is it fine for me to submit evidence of a higher value, with latest 12 months bank statements/payslips and an employers (updated) letter. And just explain on the cover letter why the figure in evidence is higher than the figure on the application form?

[AmazonianX]

Hello
I submitted my spouse visa application on the 18 Dec 2021

My gross salary (12 months, category B) was worked out from Dec 2020 to Nov2021
The bank statements will show that the salary for Dec2020 was paid by 10 Dec 2020 (in other words, older than 12 months from the application date by about a week)

Is this a problem.? Will the Dec2020 salary paid early on 10 Dec 2020 be ignored/discounted seeing as the application date is 18Dec2021?

If I need, I can cancel the visa application as I haven't done biometrics, but I really don't want to delay.

It shouldn't pose a problem, this is like splitting hair which albeit for immigrations purposes is required.

[manci]

The date of the application was 18th of December do you not think it will be an issue since OP was paid 10th of December which is not within 12 months period to satisfied condition number 2 of Category B.

I don't think this is an issue.

The second requirement is to have EARNED the gross income from salaried employment in the 12 months prior to the date of application. If the OP is paid monthly his Dec 2020 payslip is proof of his EARNINGS in that month irrespective of the date in December 2020 when the payslip was issued or when the money appeared in his account