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Topic: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP  (Read 4560 times)

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  • Kansas --Chicago-- Cambridge
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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #15 on: April 04, 2018, 11:10:56 AM »
Thanks so much for your help.

I've just spoken with the property manager and they are sending over signed/stamped copies of the agreements, also a letter confirming we both live together because I needed that anyways.

So, these pieces of evidence should cover the months I had missing as far as correspondence is concerned, and also provide accomodation documentation. I also spoke with someone who has gone through FLM R yesterday who suggested I could go to the council office and ask them to notarise and pull up our joint bills from those months of November in both years? They said there may be a fee, but whats a small fee to the cost of the whole visa... would this be plausible?

So, now I am onto tracking down bank statements for the past 6 months for us both-- and pay slips for the past six months for us both. The annoying thing is my spouse changed job a couple months ago so will have to get a letter from BOTH employers. Almost there!

Thanks for being so helpful!!


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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #16 on: April 04, 2018, 11:29:43 AM »
If your spouse changed jobs less than 6 months ago and you need to combine your income to meet £18,600, you won’t qualify under Category A anymore.

Instead, you’ll have to apply under Category B and provide 12 months of both of your payslips and bank statements, showing at least £18,600 earned in total between you.

You will NOT need letters from both your spouse’s employers, just the current one.


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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #17 on: April 04, 2018, 11:36:28 AM »
Alternatively if you make £18,600 by yourself and have been with your employer more than 6 months, earning at least £18,600 for all of that time, you can apply under Category A using your employment only, supplying 6 months of your payslips and bank statements only.

That means you don’t even need to mention your spouse’s employment on the application and you don’t need to supply any employment evidence for him.


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  • Kansas --Chicago-- Cambridge
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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #18 on: April 04, 2018, 12:39:33 PM »
If your spouse changed jobs less than 6 months ago and you need to combine your income to meet £18,600, you won’t qualify under Category A anymore.

Instead, you’ll have to apply under Category B and provide 12 months of both of your payslips and bank statements, showing at least £18,600 earned in total between you.

You will NOT need letters from both your spouse’s employers, just the current one.




I wish I made that much!  ;D Both his new job and past job earned him more than the £18,600. So in this case is it still class A? I imagine that's why we will need his payslips and letters from both his employers in the past six months? In this case, I won't need to provide mine?



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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #19 on: April 04, 2018, 12:55:03 PM »
I wish I made that much!  ;D Both his new job and past job earned him more than the £18,600. So in this case is it still class A? I imagine that's why we will need his payslips and letters from both his employers in the past six months? In this case, I won't need to provide mine?

Okay so if he makes £18,600 or more anyway you should not mention or include your income at all.

However, because you have to use his income you CANNOT qualify under Category A at all.

You MUST use Category B instead.

The requirements for Category A are:
- he has been with his CURRENT employer for AT LEAST 6 months
AND
- he has been earning £18,600 or more with his CURRENT employer for AT LEAST 6 months

And because he changed jobs, his income does not meet either of these requirements

However, the requirements for Category B are:
- he has been with his CURRENT employer for LESS THAN 6 months
AND
- he earns at least £18,600 per year with his CURRENT employer
AND
- he has earned at least £18,600 in total (before tax) in the last 12 months before applying... to make up for the fact that he hasn’t been in the new job for 6 months yet.

So he must provide:
Mandatory:
- letter from CURRENT employer
- 12 full months of payslips showing a total of at least £18,600 before tax
- 12 full months of bank statements showing the deposit of each payslip
Optional but recommended:
- CURRENT job contract
- latest P60


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  • Kansas --Chicago-- Cambridge
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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #20 on: April 04, 2018, 01:05:23 PM »
That makes way more sense now. I was just scanning the form and got a little confused at which classification--but got it. When it comes to the form I don't have to include or mention my income--saves me time and energy.

I guess the payslips and bank statements show enough from the past employer to document that he earned the threshold.

Will definitely get the contract and p60 to back everything up.

Cheers again!





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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #21 on: April 04, 2018, 01:56:57 PM »
That makes way more sense now. I was just scanning the form and got a little confused at which classification--but got it. When it comes to the form I don't have to include or mention my income--saves me time and energy.

No problem :).

If he hadn't changed jobs in the last 6 months, it would be category A, but because he did change jobs, he can only apply under Category B now.

Quote
I guess the payslips and bank statements show enough from the past employer to document that he earned the threshold.

The reason you don't need to include a letter from the past employer is because:
a) he no longer works there and the whole point of the letter to confirm that his CURRENT employment meets the threshold and he will continue to earn that salary with them
and
b) he doesn't have to meet a 'threshold' for the past employment. It doesn't matter what salary he was on with that employer. The only thing that matters is TOTAL earnings from any and all jobs held in the 12 months.

He could have earned £5,000 in 2 months with one job, then been unemployed for 3 months, then earned £10,000 in the next 3 months with a second job, then have been unemployed for another 2 months, and then earned £3,600 with his current (third) job in the last 2 months.

The letter from the current employer must:
- be dated within 28 days of your application date
- Include ALL of the following:
i) employment and current salary
ii) length of employment
iii) length of time earning current salary (this may be the same date as ii), but in the case of someone being given a promotion, it may be different)
iv) type of employment (full-time, part-time, permanent, temporary etc.)

Quote
Will definitely get the contract and p60 to back everything up.

The P60 will likely still be last year's one (as he probably won't receive the 2018 one until May), so it won't show the new job. However, there's no harm in including it anyway.


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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #22 on: April 05, 2018, 09:25:38 PM »
Hello again ksand24 

I've just spoken with the spouse-- he says he got paid weekly at the last job, so there's about 52 payslips lying around. We have his p45 which would include all of the payments totalled up over the amount needed (also includes the date he left and started new job). Is it not possible to highlight these earnings on the p45 and each drop in on the bank statements as the evidence? Or, do we still have to include all slips? There may be some missing in between...

Thank you as well for the information about what's needed from current employer--very helpful. We are getting there !


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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #23 on: April 05, 2018, 09:49:52 PM »
Is it not possible to highlight these earnings on the p45 and each drop in on the bank statements as the evidence? Or, do we still have to include all slips? There may be some missing in between...

Nope, you must include EVERY SINGLE payslip from the 12 months, along with 12 full months of bank statements, showing that EVERY SINGLE payslip was deposited. If even 1 of the payslips is missing, or if 1 of the payslips is not shown on the bank statements, the visa could be refused.

You should NOT include the P45, as it won't be considered.

The guidance is very clear on what you have to provide. From Appendix FM 1.7:

Quote
2. In respect of salaried employment in the UK (except where paragraph 9 applies1), all of the following evidence must be provided:

(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply);
or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person 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) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application;
and
(iv) the type of employment (permanent, fixed-term contract or agency).

(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), 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.

(d) Where the person is either a director or employee (or both) of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.

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.
« Last Edit: April 05, 2018, 09:51:07 PM by ksand24 »


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Re: Help, Re Applying for Spouse Visa Extension, BRP Question/Issue ASAP
« Reply #24 on: April 05, 2018, 09:53:52 PM »
Just out of curiosity, how did you meet the financial requirement for your spousal visa 2.5 years ago (which Category)?

The document requirements for FLR(M) are exactly the same as for the spousal visa, so if you used his employment income last time, the same documents are needed this time (payslips, bank statements, employer letter, P60, job contract).


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