My questions regarding wife's settlement visa

[rashadjee]

Will working for my father as a care & support worker and receiving carers allowance from my father be ok if I apply for my wife's visa? My father does his own PAYE and pays me through his own finances. He has the means to do this. He pays me weekly and gives me weekly wage slips. All my PAYE is up to date with HMRC.

1. I earn £96.00 per week from my father as a care & support worker.
2. I receive £62.10 per week from carers allowance.
3. I have £6000 savings.

Will I be exempt from financial rules?

Can someone please help me.

[Casa]

No you won't. It seems that you have misunderstood the exemption. This doesn't apply to those who are employed as care and support workers. See the following:
3.6.1. Where the applicant’s partner is in receipt of any of the following benefits or allowances
in the UK, the applicant will be able to meet the financial requirement at that application
stage by providing evidence of “adequate maintenance” rather than meeting an income
threshold:
 Carer’s Allowance.


You would need to show £18,600 annual earnings or savings over £16,000 to make up any shortfall. Savings under £16,000 won't be considered.

Edit: I've re-read your post again and I'm confused. Your father appears to be paying you a wage. A carers allowance is paid by the benefits office. Are you caring for your disabled father?

[rashadjee]

My father is disabled and receives carers allowance from the government which is then paid to my mother who is his carer. However, my father employs me as his personal carer for working 12 hours per week and pays me a weekly wage of £96.00 per week through his own financial means. I am also in receipt of carers allowance for looking after someone else, i do not receive carers allowance for my father. My father is the employer and I am the employee if that makes sense.

I hope this makes it clearer.

Please reply.

[Amber]

Yes, you are exempt as you receive carers allowance, regardless of who it is for. You must satisfy adequate maintenance and accommodation, see http://www.immigrationboards.com/immigr ... 85667.html

[rashadjee]

Thanks for your reply Amber. Just wanted to know if the ECO will have any issues with me working for my dad as a employee and being paid wages by my father. I have been working for my father since January 2015. My father pays me every week, he gives me wage slips and pays the money direct into my account using Faster Payment.

Will the OISC regard my father as an employer even though technically he is not a business, he is not out to make a profit. He is registered with HMRC under the care & support scheme. My father is disabled but has had to employee me as an additional carer. I hope this makes sense.

Please reply.

[Amber]

Yes, insofar as you have the required specified evidence then it doesn't matter why the employer is or whether there is any profit.

I think you mean the ECO rather than OISC, the latter is a regulator.

[rashadjee]

Thanks for your reply Amber.

What if the ECO is not satisfied to the fact that I am an employee. What documents should I get from my father to ascertain the fact that I actually work for him?

Thanks.

[rashadjee]

I have been working part -time since January 2015 earning around £100 per week. I am now in receipt of Carers Allowance from 06 July 2015 at the rate of £62.10 per week. My question is when does the ECO consider my requirement has been met for Adequate Maintenace & Accommodation? Will it be from when I Started my job or will it be from when i was awareded Carers Allowance? As of 06 July 2015, I am above the Income Support threshold.

Are there any specified requirements in relation to Carers Allowance and Employment? Do I have to wait a certain period of time before I apply?

[rashadjee]

I am a Care & Support Worker. I am employed by my father. My father is registered with HMRC as an employer under the Care Scheme. He is disabled. My father pays me weekly wages direct into my bank account. I also get weekly wage slips. However, my father does not have a Business Account. Will this cause problems? he pays my N.I and Tax as and when necessary.

[Obie]

What is the purpose of this?

If you are an employee of your father,then the type of account that you have is of no business of the authorities.

[Casa]

I am a Care & Support Worker. I am employed by my father. My father is registered with HMRC as an employer under the Care Scheme. He is disabled. My father pays me weekly wages direct into my bank account. I also get weekly wage slips. However, my father does not have a Business Account. Will this cause problems? he pays my N.I and Tax as and when necessary.

It would help if you didn't open numerous threads on the same issue:
http://www.immigrationboards.com/immigr ... l#p1209391

http://www.immigrationboards.com/immigr ... l#p1223402

http://www.immigrationboards.com/immigr ... l#p1209277

[rashadjee]

Sorry for the multiple post.

Its just that my father pays me wages through his private account as he is not technically a business. Will this cause any problems. I am due to apply for my wifes settlement visa.

[geriatrix]

Aahh! Topics merged.

[Obie]

Sorry for the multiple post.

Its just that my father pays me wages through his private account as he is not technically a business. Will this cause any problems. I am due to apply for my wifes settlement visa.

What is your earnings?

[Casa]

I have been working part -time since January 2015 earning around £100 per week. I am now in receipt of Carers Allowance from 06 July 2015 at the rate of £62.10 per week. My question is when does the ECO consider my requirement has been met for Adequate Maintenace & Accommodation? Will it be from when I Started my job or will it be from when i was awareded Carers Allowance? As of 06 July 2015, I am above the Income Support threshold.

Are there any specified requirements in relation to Carers Allowance and Employment? Do I have to wait a certain period of time before I apply?

Obie, the OP appears to be earning approx £100 pw, with Carer's Allowance (as his father's carer) of £62.10 pw

[Obie]

If they take the view that the employment is contrived and not genuine, your wife will likely be refused entry clearance

[rashadjee]

Thanks for your reply. What I don't understand is..Why would the HO feel that my employment is not genuine? Under what grounds would they have doubt.

I earn around £100 per week and my wages are paid direct into my account.
I have a contract of employment
I have wage slips
I have a letter from HMRC confirming that I am an employee and that I work for my dad.
I have a letter from HMRC confirming my Tax Code.
I have Bank Statements to show that my dad (Employer) pays me weekly

My dad is disabled and has become and employer under the HMRC care & support scheme. I am worried now that this could cause problems.... but surely am I not allowed to work for my dad? Is it against the law?