Spousal Visa- Sponsor's employment questions

My husband  (UK citizen) and I (US) are planning to apply for a spouse visa for me.
The history, briefly, is that we applied as unmarried partners and were denied for lack of relationship evidence (which was absolutely our fault for relying on the UKVI website rather than getting advice first).
We reapplied, the relationship was determined to be genuine, but the visa was denied because his employment did not meet guidelines. He has worked for a year for a US company that allows remote working, but drawing a salary from a non-UK company even while living in the UK is insufficient: "Unfortunately your sponsor's employment in the USA albeit working remotely and residing in the UK cannot be taken into account. Your sponsor requires a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of their return."

So we got married in the US (which we were planning to do eventually anyway) and he has just returned to the UK to get a job there. He is continuing to work for his US employer while he looks for work there, so there will be no gap in employment.

My questions:
- When he gets a UK job, will this be a Category A or Category B situation?
- Since he has been earning over the minimum required for over a year before starting his UK job, is there any need for him to hold that job for 6 months before we apply?
-Are there any other quirks to the Category A/B choice that we should be aware of?

Thank you!

My husband  (UK citizen) and I (US) are planning to apply for a spouse visa for me.
The history, briefly, is that we applied as unmarried partners and were denied for lack of relationship evidence (which was absolutely our fault for relying on the UKVI website rather than getting advice first).
We reapplied, the relationship was determined to be genuine, but the visa was denied because his employment did not meet guidelines. He has worked for a year for a US company that allows remote working, but drawing a salary from a non-UK company even while living in the UK is insufficient: "Unfortunately your sponsor's employment in the USA albeit working remotely and residing in the UK cannot be taken into account. Your sponsor requires a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of their return."

Sorry about your refusals - fingers crossed you're third time lucky .

My questions:
- When he gets a UK job, will this be a Category A or Category B situation?
- Since he has been earning over the minimum required for over a year before starting his UK job, is there any need for him to hold that job for 6 months before we apply?
-Are there any other quirks to the Category A/B choice that we should be aware of?

The Category he applies under will depend on whether or not he is employed on the date of application (the date the online application is submitted) and whether or not he has been working for that company for at least 6 months.

For Category A:
- he must be currently employed, earning at least £18,600 salary AND have been with the company, earning that salary for at least 6 months
AND
- he must have a job offer in the UK, paying at least £18,600 and starting within 3 months

For Category B:
- he is either unemployed in the US OR he has been at his current job for less than 6 months on the date of application
AND
- he has earned a total of £18,600 before tax from any and all jobs in the last 12 months
AND
- he must have a job offer in the UK, paying at least £18,600 and starting within 3 months

For Category A, you provide:
- 6 full months of original payslips showing at least £1,550 per month
- 6 full months of original bank statements showing the deposit of each payslip
-  a letter from his current employer stating his employment and salary details
[Optional:
- his original US job contract
- his latest W2]
AND
- the official job offer from the UK

For Category B, you provide:
- 12 full months of original payslips showing at least £18,600 earned before tax in total
- 12 full months of original bank statements showing the deposit of each payslip
AND
- the official job offer from the UK

Thanks for the speedy and succinct summary!

It looks like this is a Category B situation, because:
- He will have a UK job that he's had for less than 6 months when we apply
-He will have earned over the minimum for over a year before starting that new UK job

And therefore:
-Can we apply as soon as he has the offer of a new job or should we wait until he's started getting payslips?

It looks like this is a Category B situation, because:
- He will have a UK job that he's had for less than 6 months when we apply
-He will have earned over the minimum for over a year before starting that new UK job

Yes, that sounds about right .

And therefore:
-Can we apply as soon as he has the offer of a new job or should we wait until he's started getting payslips?

It's up to you and your personal timing but as long as he has earned enough in the last 12 months, it's probably easier to apply as soon as he gets the job offer, because there are less documents to provide that way.

If you apply after he gets the job offer, but before starting the job, you only need to include:
- 12 full months of original payslips showing at least £18,600 earned before tax in total
- 12 full months of original bank statements showing the deposit of each payslip
- the official job offer from the UK

But, if he has already started the job in the UK, you need to include:
- 12 full months of original US payslips showing at least £18,600 earned before tax in total
- 12 full months of original US bank statements showing the deposit of each payslip
- any UK payslips he has received
- any corresponding UK bank statements showing the UK payslip deposits
- official UK job contract
- letter of employment from his new UK employer, dated within 28 days of the online application and stating ALL of the following:
i) current employment and salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment

Not to be a buzzkill but has he researched the tax implications of working for a US company in the UK?  It's not as simple as "just carry on".  Which is why UKVI wouldn't accept it as valid employment.   

Not to be a buzzkill but has he researched the tax implications of working for a US company in the UK?  It's not as simple as "just carry on".  Which is why UKVI wouldn't accept it as valid employment.   

We did look into that, and are treating that work for a US company as a mere stopgap measure until he gets a UK job to keep the money coming in so we can hand it over to the Home Office...

It's up to you and your personal timing but as long as he has earned enough in the last 12 months, it's probably easier to apply as soon as he gets the job offer, because there are less documents to provide that way.

That does look easier, which is why I'm gathering all of the rest of the documentation now so we can apply as soon as he accepts a job offer- that is, I'm assuming he needs to show proof that he's accepted an offer and not just that one has been made.

That does look easier, which is why I'm gathering all of the rest of the documentation now so we can apply as soon as he accepts a job offer- that is, I'm assuming he needs to show proof that he's accepted an offer and not just that one has been made.

The guidance states:
4. In respect of a job offer in the UK (for an applicant's partner or parent's partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E- ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided:
(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.


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Not to be a buzzkill but has he researched the tax implications of working for a US company in the UK?  It's not as simple as "just carry on".  Which is why UKVI wouldn't accept it as valid employment.   

That was my thought too.

He has worked for a year for a US company that allows remote working, but drawing a salary from a non-UK company even while living in the UK

......
and he has just returned to the UK to get a job there. He is continuing to work for his US employer while he looks for work there,

Did he contact HMRC when he did this, to see if he needed to complete an SA to pay his UK taxes? And this time too?


Residents normally pay UK tax on all their income, whether it’s from the UK or abroad.
https://www.gov.uk/tax-foreign-income/residence




AND

You may need to pay UK Income Tax on your foreign income, such as:

    wages if you work abroad
    foreign investments and savings interest
    rental income on overseas property
    income from pensions held overseas

Foreign income is anything from outside England, Scotland, Wales and Northern Ireland. The Channel Islands and the Isle of Man are classed as foreign.

Working out if you need to pay

Whether you need to pay depends on if you’re classed as ‘resident’ in the UK for tax.

If you’re not UK resident, you won’t have to pay UK tax on your foreign income.

If you’re UK resident, you’ll normally pay tax on your foreign income. But you may not have to if your permanent home (‘domicile’) is abroad.

Reporting foreign income

If you need to pay tax, you usually report your foreign income in a Self Assessment tax return. But there’s some foreign income that’s taxed differently.


https://www.gov.uk/tax-foreign-income