Spouse Visa Questions(s)- Sponsor Lived Abroad for Five Years Just Returned

Yes.  I think the question is can he be considered salaried versus non-salaried and does it matter....  I'm not sure and I'm a bit too tied up at work to dig into the guidance.  Hoping someone else has the bandwidth!

On this point, TexasGal80, what does the letter say (omit personally identifying bits, and just tell us the language of the letter)?

Appendix FM 1.7 §5.5.17 only says "can ... choose ... to count their CIS income as income from salaried employment," and then the paragraph goes on to say that the evidence must satisfy the requirements regarding salaried employment.  It doesn't read as if it must actually be fixed salaried.

Then, in Appendix FM-SE, Calculating Gross Annual Income under Appendix FM, §13(a), it repeatedly refers to "salaried employment" without distinguishing between variable and non-variable salaries.

And this is what the guidance says needs to be in the employment letter:

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) [Hudson CIS, in your case] 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).

Anyway, my reading is they're good, as long as they include the letter from Hudson CIS with the required details, the payment slips from Hudson as well as payslips from the last 12 months from your sponsor's previous employer, and the bank statements for the FULL 12 months (feel free to go over by one just to make sure you haven't missed out any dates... 13 months won't hurt) showing all of the corresponding deposits going in.

The letter is actually from the painting company he works for.  My husband said they hired him as a sub-contractor and had him fill out the Hudson contract while in office. When he contacted them asking for a letter of employment and who to contact from Hudson, they said that Hudson just manages the payroll and they provided us with a letter that reads:

"... I am writing to confirm that <husband's name> is a painter/decorator subcontractor for <company name>, LTD. His full-time employment commenced on 22 October 2018 and is ongoing/permanent.  He performs priced work (non-salaried), never to receive less than £130.00 for a day’s work and is paid under a HUDSON CIS contract. For this reason, pay slips are to be retrieved through the Hudson Connect website.
Should you have any questions or concerns please feel free to contact me."

So we need to include a full year's finances from the previous employer? or a full year including the time he has been working in the UK? I was under the impression that i needed the pay slips and statements for 1 whole year including all employment.

what I have now is 53 weeks of payslips and bank statements ( 43 weekly pay slips for Australia employment and 10 weeks of UK employment). Do i need to go further back on the Australian employment to have 52 weeks of payslips for Australia and the 10 weeks of payslips from the UK?

If you apply under salaried employment, you don't need to go further back.  It's a year from date of application, so that's fine.

I think you (your husband) should contact Hudson and see if you can get that contract and a letter from them so you're able to provide the evidence that lets him be considered in salaried employment.  Otherwise, he'll be considered self-employed, and that's NOT what you want if it can be helped.

great. I am glad I have the pay slips and bank statements I need.

I am still unsure about how to handle the employer part. I assume that on APPENDIX 2, I should list HUDSON as the employer rather than the company that is work loading and paying my husband? seems like it's best to keep the company out of the picture altogether? Seems weird because HUDSON is just taxing the wages. The company that my husband works for prices the work and workloads him. it's quite confusing.

great. I am glad I have the pay slips and bank statements I need.

I am still unsure about how to handle the employer part. I assume that on APPENDIX 2, I should list HUDSON as the employer rather than the company that is work loading and paying my husband? seems like it's best to keep the company out of the picture altogether? Seems weird because HUDSON is just taxing the wages. The company that my husband works for prices the work and workloads him. it's quite confusing.

You mentioned a contract with Hudson CIS that your husband completed in the company's office.  Does he have a copy of that contract?

You need to determine whether he can be considered in salaried employment and provide that evidence.  That would require a letter from Hudson CIS with the information outlined above, along with the payslips and the bank statements you already have.  If you can't get that letter from Hudson, I think he's going to be considered self-employed, and that's a whole different thing that ksand24 or someone else will have to advise you on.

Yes. I included the contract from Hudson along with the letter of employment from the company that pays him.

If I do get a letter from Hudson should I list them as the employer? leave out the actual company name paying wages?

That's my reading of the guidance you posted (Appendix FM 1.7, section 5.5.7).  To use Hudson CIS as your husband's salaried employment, you would omit the letter from the painting company and provide the letter from Hudson CIS in its place.  Read that section again, especially the last bit of it concerning specific evidence, and see what you think.