Non salaried income and category A - UK fiance visa

lyonaria, just because I'm a bit confused and would like to get it straight in my head, are you able to explain exactly which financial categories you applied under each time, what the situation was with your income each time (i.e. his income, how long he had been earning it, what documents you sent), and what the reason for the refusal was each time?

I'm getting a bit confused with which refusal was which and what income you were relying on for each application.

Hi all,
Thank you for the details re sponsor letter! Just to clarify though, we are applying for the fiancé visa not spouse (well, that's the current plan-flying to the US and doing it there is kind of appealing too!) do we need to provide more evidence with a fiancé one as we obviously don't have a wedding as proof yet?!

I will certainly keep updating re how it goes though we're not applying until Oct once I have my 6 months in my second job. It really is a scary mine field but I think it's do able!

It does sound likethe application was calculated incorrectly though I had also read that people who were in salaried income but earned overtime had their overtime calculatedin the non salaried way so perhaps that's what happened? Sounds like your ECO made some errors though! Glad it all went through for you

I have another quick question. I am divorced and only changed back from my married name earlier this year on driving licence/bank etc. However, my passport is still in my married name and all of the tickets I bought to see my partner last year were booked in that name to match. I will be applying for the visa in my maiden name as that is what is on my bank statements and payslips etc now. Do you think it's worth applying for a new passport now in my maiden name bearing in mind I'll probably be changing it again when we get married?! My US stamps are in that passport and my app will include my wedding and divorce certs so it should be clear also my travel itineraries as proof of visits etc are all in my married name. Just wondered what your thoughts were? I know lots of people travel on passports in their maiden name once married or vice versa and carry wedding certs etc but as my passport will be used as evidence of my identity I thought I should take the plunge and just do it for the sake of the app of anything else. Though will applying for a new passport in a new name before a visa app look dodgy!

One final question. I am British born and bred but I lived in Dubai between the ages of 1 and 6 as my parents worked there so I haven't lived in the UK my whole life. Do I need to mention this? I've never lived anywhere else as a grown up. Thank you!

Hi all,
Thank you for the details re sponsor letter! Just to clarify though, we are applying for the fiancé visa not spouse (well, that's the current plan-flying to the US and doing it there is kind of appealing too!) do we need to provide more evidence with a fiancé one as we obviously don't have a wedding as proof yet?!

Ah, sorry - I've been answering questions on different threads and have been getting mixed up with who is applying as a fiance and who is applying as a spouse.

To answer your question though, no, you do not need MORE evidence, you just need slightly different evidence:

Instead of a marriage certificate to prove you are married, you instead send evidence that you PLAN to marry in the 6 months of the fiance visa. For example, email correspondence with the registry office or church inquiring about possible ceremony dates, or a provisional ceremony booking.

Everything else you have to send is exactly the same.

In fact, the fiance visa has always required proof of regular contact and genuine relationship, it's the spousal visa that has had the documents increased. You used to be able to just send the marriage certificate and a photo, but now you need evidence of the entire length of the relationship

It does sound likethe application was calculated incorrectly though I had also read that people who were in salaried income but earned overtime had their overtime calculatedin the non salaried way so perhaps that's what happened? Sounds like your ECO made some errors though! Glad it all went through for you

Could be - overtime is a tricky one because it is allowed to count in PREVIOUS earnings (what you actually earned), but it cannot be counted towards FUTURE earnings, unless it is guaranteed to continue at a particular amount each month.

I will be applying for the visa in my maiden name as that is what is on my bank statements and payslips etc now. Do you think it's worth applying for a new passport now in my maiden name bearing in mind I'll probably be changing it again when we get married?!

Hang on, you're the British citizen, right? In that case, you are not applying for the visa at all - it's your husband who applies for it, and writes your information on the form.

I just got really confused because I wrote a whole reply about how the name on your passport has to match the name on your visa and then discovered you are not even applying for a visa because you're the British sponsor .

The name on your passport is not relevant at all and it doesn't matter if the name on your bank statements is different. Your divorce decree will show that you are the same person. It seems like a waste of money for you to change your name in your passport twice in just a few months, especially when you have a wedding to plan and visas to pay for.

One final question. I am British born and bred but I lived in Dubai between the ages of 1 and 6 as my parents worked there so I haven't lived in the UK my whole life. Do I need to mention this? I've never lived anywhere else as a grown up. Thank you!

I don't think it matters - they just need to know if you are a British citizen by birth (i.e. born in the UK), or if you were born with another nationality and have since moved to the UK and acquired UK citizenship through naturalisation, or if you were born outside the UK and gained UK citizenship through a parent.

Thank you again! Yes I am a British citizen so all should be fine.

I have another quick query. You have been amazing so thank you so much.

For my pub job I work for a couple who own both of the pubs in the same village. I work in both as and when they need me to but my pay is always grouped together as I just work for them as owners. The pubs are called the sun and the George and dragon. For the last three months I have received payslips from the "George and dragon" and it has said "George and drag" when the payment entered my bank account. However! This month (I got paid today) it said the sun in my bank account instead and I presume my payslip will match that. Do you think this will cause any issues?? I planned on getting her to stipulate she own both dans I work in both on her employer letter. I was also going to get her to sign all of my payslips. Do you think if I get her to put that from July they changed the payment source from the George to the sun that would be ok? I'm terrified they'll think I've got another job because they've changed the banking system. What do you think?? Thanks!

It shouldn't be an issue as long as you clarify the situation in the application - it's something you can mention in a cover letter regarding anything unusual about your documents.

Plus, the letter from your employer should give these details and explain that you work in both establishments anyway. No need for her to sign any payslips (unless they are online payslips that have been printed at home), she should just clarify the situation and explain why one payslip is different.

Thank you

I will definitely explain it clearly. I contacted my boss and she says she has to pay me from the pub account that I do the most hours in and I will be doing most of my hours from the sun from now on. She does own both businesses and my job hasn't changed, just the account I get paid from. I hope it won't cause any problems. Nothing is ever easy! :/

I thought if I got her to sign them all it would furthur reiterate the fact that she owns both businesses as the signature would be the same on payslips that say the sun and the George and dragon.

You don't think they will be able to argue that I haven't been in the same job for 6 months do you? If 3 payslips say the sun and 3 payslips say the George??

You don't think they will be able to argue that I haven't been in the same job for 6 months do you? If 3 payslips say the sun and 3 payslips say the George??

I doubt it, since it only has to be the same employer, not the same specific job role - and the employer is the same for both pubs.

As long as you have a signed letter from your employer stating that they own both of the pubs and explaining that you are working in both, and the reason your payslip has changed, it shouldn't be an issue.

You're right. It is the same employer. You really have a knack of making me feel better! She's already said she will sign anything for me to make sure it's very very clear. She knows how important this is for me and my partner. Thank you again. Anyway it's my birthday so I shall try and forget about all this and relax.  If I explain everything and make everything clear I should be fine. Thank you so much for setting my mind at ease

Ok!  I'm back after a birthday weekend of trying to forget about all this (easier said than done)and ready to crack on with gathering all the correct info.

Have drafted a letter with my pub landlady - I have still included the non salaried calculation as I did in the other but understand that I should consider taking this bit out.  I'll just leave it in for now.  Do you think this explains the payslip anomaly i mentioned on Friday?  Thank so much:

To Entry Clearance Officer

I can confirm that XXXX is an employee of myself and works in both of the 2 pubs that I own - The Sun inn and the George and Dragon in XXXX. She has been employed since  27th March 2015 as bar staff/waitress.  This role is permanent.
She is paid hourly at £6.50 and as of June has approximately 20 rota’d  hours per week though this can vary if we need extra help or to cover holidays etc in either pub.

Monthly GROSS pay for last 6 months:

APRIL       360.00
MAY               945.77
June        674.25
July                630.00
August       550
September     580

Based on the calculation of NON SALARIED employment over the 6 month time period in question:
 April 2015-September 2015 she has been paid total gross £3740.02  which if divided by 6 and multiplied by 12 gives her an annual Gross salary of: £7480.03

Please note that as we run 2 pubs and she works for us in both she is paid from the named pub account she has done the most hours in for that month. For April, May and June 2015 this was the George and Dragon so that is specified on her pay slips and as the payment reference on her bank statements.  From July she has worked the majority of her hours from The Sun Inn so this is specified on her pay slips and bank statements in July, August and September.  Please contact me with any queries relating to her employment.

Kind regards


XXXX
Manageress of The Sun Inn and George and Dragon pubs


The more I read about the other lady it does seem like the first ECO calculated the first application incorrectly as non salaried and it was that slip up that saved another refusal on the 2nd application.  If it had been calculated correctly as salaried then the 2nd application wouldn't have met the financial requirement either (even if it was for the sake of a measly £50!) I'm glad it all went through though as I said before!

Thank you re the info on my passport.  It would be cleaner if it all matched but £80 on a new passport does seem daft when my marriage and divorce certs will clarify my name change (plus obviously my enclosed pictures will match the one in my passport.)

Regarding our proof of relationship - we don't really have many emails as we generally use whatsapp and facetime so I will include the ones we have which show we have contacted each other.  I'll figure out the best way to show the whatsapp chat log and of course won't include the whole lot!  Regarding cards etc - we do have some but not the envelopes showing I posted them to him in America.  I have a valentines card he sent me whilst I was there and he has a valentines and a birthday card but do they prove anything without proof of dates? (I mean they are real but feasibly we could have just written them the day I sent off the application!)
Also, I do not have actual boarding passes from my trips (except my return journey of the last one) but we do have email itineraries and booking docs that will match with the dates stamped in our passports

Thank you!