Spouse Visa

[scotland786]

Hi immigration expert,

I am new to this group and looking for an urgent and important query regarding spouse visa and would really appreciate your support and advice in this regard to find a good solution. My detail and queries are:

- I am on indefinite Leave to Remain (ILR) and would apply for citizenship in the next few months. Before ILR, I was on student visa.
- I got wife here and she is on tier 4 student dependent visa. I am going to apply to extend her visa by switching to spouse visa through family route. I have one kid and she is British citizen (has British passport she received after I got ILR. She is born here in the UK and two years old).
- I am working as a professional with a public sector organisation since Nov 2019. Before this job, I did full time work for 4 months with a company after granted ILR. I have left this company and have been asking to provide me all the wage slips since June and P45 but the company is not providing anything. All their wages I have received through my bank and all are showing in my bank statements. I have wage slip of current employer and as per my understanding I need six months wage slips to be shown when apply for spouse visa plus spouse needs to pass English test A1 which has already been passed. All the documents have been completed and just need four wage slips and p45 from my previous employer but they do not provide.
(1) In this case, which spouse visa should I apply through (which visa application form my wife needs to fill and submit) for my wife.
(2) What shall I do now as my previous employer is not giving me any wage slip and p45 even I have left them since October and constantly asking for wage slips and p45 but they do not bother even to reply. They just once emailed me that they will send by post but they never sent me any wage slip or other document even they did not pay me my last wages after I left them. Since I asked many times but they do not respond.
3) How to take the last wages and how to legally fight with them for wages and not providing wage slips and p45. We all are very worried and it is putting negative impact on the welfare of my kids.
Thanks
Many thanks in advance
Regards,
KK

[Casa]

Advice from ACAS may help to resolve the issues you have with your ex-employer.

https://www.gov.uk/pay-and-work-rights

[seagul]

. Before this job, I did full time work for 4 months with a company after granted ILR. I have left this company and have been asking to provide me all the wage slips since June and P45 but the company is not providing anything. All their wages I have received through my bank and all are showing in my bank statements. I have wage slip of current employer and as per my understanding I need six months wage slips to be shown when apply for spouse visa

I am afraid and you will be sad too to hear that you will have to stay with your present employer for 6 months. The requirement is not just having 6 month payslips rather 6 months payslips while being employed for 6 months for same employer otherwise you must have been working & earning at least £18600 during the last 12 months under category B. Ideally you should have kept working for previous employer for 6 months and have applied the spouse visa.

[scotland786]

Thank you so much for your replies.
The reason of changing employment was a good job offer from the public sector where my earnings are more than £18600. My previous job wasn't a professional one it was an odd job. The other reason of changing because my previous employer wasn't not giving wage slips. My new job where I am currently working is a professional one which has future prospectives.
I am still confused which application do we need to submit and how to show wage slips of the previous employment, but I got wage slips from my present ones. If my previous employer provides me even P45 that will show my earnings to the date but they don't provide. Thanks

[CR001]

If you don't have previous wage slips, the application will fail. The rules are clear that payslips and corresponding bank statements are mandatory.

[seagul]

.
I am still confused which application do we need to submit and how to show wage slips of the previous employment, but I got wage slips from my present ones. If my previous employer provides me even P45 that will show my earnings to the date but they don't provide. Thanks

P45 & P60 alone can't meet the requirement because the wages figures shown on them aren't relevant for visa purposes. If you haven't worked continuously during the last 12 months for other employers too then can't meet the requirement even if you manage to get your payslips from previous employer. You will either have to complete 6 months with present employer or have to have 6 months old cash savings of at least £62500.

[scotland786]

Thanks. I did work continuesly with my previous firm. I used to work part time when was on student visa and then started full time when received ILR. I got wage slips until May but since then they have stopped providing more wage slips.
As my daughter is British citizen and expecting another baby to join our family. If we provide all the documents I have, would they not consider Human right law in relation to my British citizen kid.

Thanks

[seagul]

Thanks. I did work continuesly with my previous firm. I used to work part time when was on student visa and then started full time when received ILR. I got wage slips until May but since then they have stopped providing more wage slips.
As my daughter is British citizen and expecting another baby to join our family. If we provide all the documents I have, would they not consider Human right law in relation to my British citizen kid.

Thanks

Have you and/or your partner have earned at least £18600 during the last 12 months? Is your present job is paying you at least £18600 per year? If the answer of both question is yes then you maybe fit in category B otherwise same as you have been advised earlier. Or your wife who holding tier 4 visa if she is still in UK then may apply flrfp but it will consume more time, money & energy. When her tier 4 visa is expiring??

[scotland786]

Hi

Thanks for your prompt reply. I am only working. I didn't calculate earnings from previous employer but I earned well enough there. Yes with my second employer, I am earning more than18600. My wife visa will expire on the 11th January 2020. I will calculate total earnings and will let you know. I am also approaching to ACAS and CAB regarding this. Thanks

[seagul]

. I am also approaching to ACAS and CAB regarding this. Thanks

Both most probably will assist you very well theoretically but eventually you will be advised to refer to your trade union or to join them asap.

[scotland786]

Many thanks for your reply. It is highly appreciated.

[scotland786]

Hi,

Just a quick question. How would I gather my earnings for the whole year. In case if I want to submit application in January 2020 then it has to be back dated from January 2019. Thanks

[seagul]

. In case if I want to submit application in January 2020 then it has to be back dated from January 2019. Thanks

Yes. And you need to have all the paper work for that period such as payslips & bank statements. If your partner was also working then you can even combine her earnings too.

[scotland786]

Thanks Seagul. Yes I will arrange all these documents.

[scotland786]

Hi

Hope you are well. I read in family visa guidance documents where it was mentioned that applicant can show 16000 or more savings in line to apply for spouse route visa as well as income. My question is, there should be paid tax on savings money and then declare in document with all other visa documents.
Thanks

[seagul]

. My question is, there should be paid tax on savings money

Yes if you are earning interest on them.

[scotland786]

Thanks. No I am not earning interest on it. I keep save for kids and unseen situations.

[scotland786]

Hi,

I have a question in my mind. My previous employer wages were weekly basis and my current job wages are monthly basis. In this case, I need to add the gross earnings of both employers for one whole year? I have already added but just to double check with experts.

Thanks

[seagul]

Hi,

I have a question in my mind. My previous employer wages were weekly basis and my current job wages are monthly basis. In this case, I need to add the gross earnings of both employers for one whole year? I have already added but just to double check with experts.

Thanks

You will have to convert the weekly wages into months

[scotland786]

Many thanks

[scotland786]

Dear experts,
Can you please help me with the following questions. I am in the middle of FLRM application for my wife and want to double check with you where I am a bit confused with given answers. Thanks
I want to mention here that my wife is on Dependant PBS visa ( the visa when I was on PBS student visa).

(1) Is this the first time you have applied for a partner route, or an extension, with your current partner (including as a fiancé(e) or proposed civil partner)?(Required). Yes No
My inclination towards NO because she is not on partner route.
(2) Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type.
a) First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)
b) Additional extension as a partner
c) First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)
d) You delayed your travel to the UK by more than 3 months after the issue of a visa and have not yet completed the required amount of time on a partner visa (not including as a fiancé(e) or proposed civil partner)
e) You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement
f) You were granted entry as a fiance (e) or proposed civil partner, but have not yet married or entered into a civil partnership
g) You are applying for any other reason

(3) If you left the UK, do you and your children have family or friends in the country you would return to?(Required)
Yes, NO

I will any other question if I feel difficult to answer. Many thanks

[seagul]

c) First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)

That seems appropriate

(3) If you left the UK, do you and your children have family or friends in the country you would return to?(Required)
Yes, NO

If you have family/friends where you will have to return more probably to your country of birth then reply yes.

[scotland786]

Thanks Seagul, you are great!

(4) Shared financial responsibilities

Do you and your partner have any shared financial responsibilities? (Required)
For example, council tax, utility bills, mortgage or rent, childcare costs, loan payments.

We both have names on council tax and utility bills but I pay all these bills because my wife is looking after our kid and she is not working. My answer is yes and then list the utility bills. I wrote my husband is paying all these bills (as the application is of my wife and thats why I mentioned husband means I am paying).
Thanks

[seagul]

Thanks Seagul, you are great!

(4) Shared financial responsibilities

Do you and your partner have any shared financial responsibilities? (Required)
For example, council tax, utility bills, mortgage or rent, childcare costs, loan payments.

We both have names on council tax and utility bills but I pay all these bills because my wife is looking after our kid and she is not working. My answer is yes and then list the utility bills. I wrote my husband is paying all these bills (as the application is of my wife and thats why I mentioned husband means I am paying).
Thanks

Correct

[scotland786]

(5) Physical or mental conditions

Do you or your partner have any physical or mental conditions which require at home personal care or medical assistance? Yes No

I clicked NO. Does pregnancy come in physical condition? Thanks