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Can I apply for Spouse Visa without Payslips??

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seanbrookes
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Can I apply for Spouse Visa without Payslips??

Post by seanbrookes » Sat May 23, 2015 7:15 pm

Hello,

I will sponsor my wife for her Spouse Visa to the UK.

However, I have been working abroad to earn the money needed. I am not given payslips though!!!

Can I get by on just giving 6 months worth of bank statements along with a letter from the employer explaining no payslips were given?

Please help. :?

Sean

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Casa
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Re: Can I apply for Spouse Visa without Payslips??

Post by Casa » Sat May 23, 2015 7:39 pm

The application will be rejected without payslips to support your earnings. Where have you been living and where are you resident now?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

WR1
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Re: Can I apply for Spouse Visa without Payslips??

Post by WR1 » Sat May 23, 2015 7:47 pm

The other issue is that if you are relying on overseas employment, in order to meet the financial requirement, you will need to show you have a Job offer in the UK.
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Any views expressed are my own opinion and should not be considered as legal advice
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suli
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Re: Can I apply for Spouse Visa without Payslips??

Post by suli » Sun May 24, 2015 12:41 pm

The only other option without payslips I believe is having savings over 60000 of at least a period of 6 months. But I don't know if you need proof of how you earned it though.
Plus anything over 16000 divided by 2.5 and then deduct it from 18600 will decrease the threshold you have to earn in the uk.
That also has to be in your account minimum of six months.
eg. If you have 25000 in your account, after 16000 you are left with 9000, 9000 divided by 2.5 is is 3600 finally 18600 takeaway 3600 is 15000.
If you have no savings then welcome to the club and enjoy finding a stable job for at least a year.

seanbrookes
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Re: Can I apply for Spouse Visa without Payslips??

Post by seanbrookes » Sun May 24, 2015 2:19 pm

Hi Everyone, thanks for your replies.

I will go to work abroad soon on a 6 month salaried contract in Saudi Arabia through an agencyy. I will earn more than the money needed, so the financial requirement will be met and I will have work ready in the UK that will also fulfill the financial requirement.



My only problem is I wont be given payslips but can get my employer to write a letter explaining I don't receive payslips, as well as handing in my contract and bank statements with the spouse visa application.



Will this be ok? Surely the entry clearance officer should be invited to exercise evidential flexibility in this matter.



Thank you for your time and help, it's much appreciated.

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Casa
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Re: Can I apply for Spouse Visa without Payslips??

Post by Casa » Sun May 24, 2015 4:16 pm

In which country is the agency based? How are the agency going to provide you with evidence of salary earned if they're not going to issue payslips? Case workers don't exercise flexiblility...they follow the strict guidance in the Immigration Rules
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Re: Can I apply for Spouse Visa without Payslips??

Post by Wanderer » Sun May 24, 2015 4:30 pm

Don't forget to consider your UK/KSA tax liabilities too as you are resident in UK. UKVI will check HMRC records.
An chéad stad eile Stáisiún Uí Chonghaile....

seanbrookes
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Re: Can I apply for Spouse Visa without Payslips??

Post by seanbrookes » Sun May 24, 2015 6:26 pm

Hello again everyone,

The agency is based in Kuwait but an agency in the UK is recruiting people to work for the company in KSA. It will be the Kuwaiti company paying the 6 months salary (I know, it's complicated).

As it's Saudi Arabia, as far as I know there is no need to declare tax, I will be paid without tax etc being deducted. This is an issue I am a bit ignorant about.

I will be resident in KSA for the 6 months whilst working there, so although I am a permanent UK resident, shouldn't have to pay it....but I'm not so sure now.

This is all complicated as I obviously just want to be with my wife as soon as possible. I thought this would be a good chance but things keep popping up.

Again, I appreciate your replies.

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Re: Can I apply for Spouse Visa without Payslips??

Post by Casa » Sun May 24, 2015 6:49 pm

My understanding is that you'll have to pay UK tax on your overseas earnings if you're there for under a year. You may find this link helpful.
https://www.gov.uk/living-in-saudi-arabia

You'll need to find out how your Kuwaiti employers will be recording your earnings.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

seanbrookes
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Re: Can I apply for Spouse Visa without Payslips??

Post by seanbrookes » Sun May 24, 2015 7:14 pm

Hi Casa,

Thank you.

I checked in regards to tax. If I am out of the UK for more than 183 days within a tax year, I'm classed as 'Non - Resident', so no tax needs to be paid. I will be out the country just a bit longer than 183 days, so this wont be a problem. Also, I will apply for the visa before the tax year ends so issues regarding tax will happen after the visa will have hopefully been given. There should be no tax issues though. phew.

Yeah, I will have to check how the Kuwait company record my earnings and will have to get in touch with them to see if they can help. It's made difficult by the fact that they recruited a recruiter to supply jobs for KSA, so to directly get in touch is that bit more difficult, but I'll do what it takes or else if if not I'll have to refuse the job that begins in July.

Thank you again :D

Wanderer
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Re: Can I apply for Spouse Visa without Payslips??

Post by Wanderer » Mon May 25, 2015 1:05 pm

seanbrookes wrote:Hi Casa,

Thank you.

I checked in regards to tax. If I am out of the UK for more than 183 days within a tax year, I'm classed as 'Non - Resident', so no tax needs to be paid. I will be out the country just a bit longer than 183 days, so this wont be a problem. Also, I will apply for the visa before the tax year ends so issues regarding tax will happen after the visa will have hopefully been given. There should be no tax issues though. phew.

Yeah, I will have to check how the Kuwait company record my earnings and will have to get in touch with them to see if they can help. It's made difficult by the fact that they recruited a recruiter to supply jobs for KSA, so to directly get in touch is that bit more difficult, but I'll do what it takes or else if if not I'll have to refuse the job that begins in July.

Thank you again :D
Not so simple, for example do you pass this test?

"You are UK tax-resident if your only home was in the UK - you must have owned, rented or lived in it for at least 91 days in total - and you spent at least 30 days there in the tax year"

When I worked in Libya tax-free I was there most of the year but as I had home and family in UK I was liable for UK tax. Was a while ago though before the recent troubles, was quite safe then apart from the drivers...

Best to engage a tax accountant, you don't want to mess this up, I've known many an international worker taken to the cleaners by HMRC...
An chéad stad eile Stáisiún Uí Chonghaile....

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