Which category A or B

[reda]

I just want to know which category suit me?
I start new job on January with salary more than what is required for spouse visa but the company will be sold out to new employer on June
I'm getting married on September and apply for spouse visa on the same month,now I got from my understanding two options
1) I apply on category A (6 months pay slips march to September bearing in mind that under tupe (transfer of undertakings protection of employment regulations 2006) I still working for the same employer after the takeover
2)I apply on category B (12 months above the financial requirement with 3 employers (first the old one from Oct-Dec with salary less than required for single month"£1550"second from Jan till June and the third from June till sept,thanks in advance.

[Ayyubi72]

I just want to know which category suit me?
I start new job on January with salary more than what is required for spouse visa but the company will be sold out to new employer on June
I'm getting married on September and apply for spouse visa on the same month,now I got from my understanding two options
1) I apply on category A (6 months pay slips march to September bearing in mind that under tupe (transfer of undertakings protection of employment regulations 2006) I still working for the same employer after the takeover
2)I apply on category B (12 months above the financial requirement with 3 employers (first the old one from Oct-Dec with salary less than required for single month"£1550"second from Jan till June and the third from June till sept,thanks in advance.

I would like to clarify about the tupe, and the question whether you are employed by the same employer.

Tupe in now way means that you are working for the same employer. It actually means the opposite ie someone else has become your employer but your terms and conditions with the previous employer are being protected by tupe.

[reda]

I just want to know which category suit me?
I start new job on January with salary more than what is required for spouse visa but the company will be sold out to new employer on June
I'm getting married on September and apply for spouse visa on the same month,now I got from my understanding two options
1) I apply on category A (6 months pay slips march to September bearing in mind that under tupe (transfer of undertakings protection of employment regulations 2006) I still working for the same employer after the takeover
2)I apply on category B (12 months above the financial requirement with 3 employers (first the old one from Oct-Dec with salary less than required for single month"£1550"second from Jan till June and the third from June till sept,thanks in advance.

I would like to clarify about the tupe, and the question whether you are employed by the same employer.

Tupe in now way means that you are working for the same employer. It actually means the opposite ie someone else has become your employer but your terms and conditions with the previous employer are being protected by tupe.

it's mean I can't apply on cat A.
from my understanding that the continuity of employment is maintained and protected by tupe,any suggestion?

[Ayyubi72]

Continuity of employment and terms and conditions of employment are protected with the new employer. Having a new employer means new employment.

Once again

Tupe means you have a different employer, but terms and conditions/contract of employment from your previous employment are being protected.

Tupe does not mean you have your old employment. Tupe is only for new employment.

Tupe has nothing to do with immigration. Simply put, if the employer name has changed on your wage slip, then you have a new employer. Tupe here is of no relevance.

[reda]

Continuity of employment and terms and conditions of employment are protected with the new employer. Having a new employer means new employment.

Once again

Tupe means you have a different employer, but terms and conditions/contract of employment from your previous employment are being protected.

Tupe does not mean you have your old employment. Tupe is only for new employment.

Tupe has nothing to do with immigration. Simply put, if the employer name has changed on your wage slip, then you have a new employerI apply on category B (12 months above the financial requirement with 3 employers (first the old one from Oct-Dec with salary less than required for single month"£1550"second from Jan till June and the third from June till sept,thanks in advance . Tupe here is of no relevance.

so no way i can apply on cat A.what if I apply on category B (12 months above the financial requirement with 3 employers (first the old one from Oct-Dec with salary less than required for single month"£1550"second from Jan till June and the third from June till sept,thanks in advance

[reda]

Continuity of employment and terms and conditions of employment are protected with the new employer. Having a new employer means new employment.

Once again

Tupe means you have a different employer, but terms and conditions/contract of employment from your previous employment are being protected.

Tupe does not mean you have your old employment. Tupe is only for new employment.

Tupe has nothing to do with immigration. Simply put, if the employer name has changed on your wage slip, then you have a new employerI apply on category B (12 months above the financial requirement with 3 employers (first the old one from Oct-Dec with salary less than required for single month"£1550"second from Jan till June and the third from June till sept,thanks in advance . Tupe here is of no relevance.

so no way i can apply on cat A.what if I apply on category B (12 months above the financial requirement with 3 employers (first the old one from Oct-Dec with salary less than required for single month"£1550"second from Jan till June and the third from June till sept,thanks in advance

any one can help me with my enquire ?

[Ayyubi72]

3 employer during 12 months, or 300 employers in 12 months makes no difference if you think you can meet requirement under cat B.

[reda]

1) I apply on category A (6 months pay slips march to September bearing in mind that under tupe (transfer of undertakings protection of employment regulations 2006) I still working for the same employer after the takeover

I contact solicitor recently about this matter and he said I still eligible to apply under cat A bcose of tupe law beside I still working at the same location,position,salary and same tax reference and same payroll number
I'm really confused there is any way I can contact HO about this?
There is any one else have any idea about tupe law?.

[samar0001]

hi Guys,

I am bit confused with these categories, Can someone please help me.

I started permanent job in feb 2013, Plan to apply in sep 2013 with six months statements

I am well above the salary requirement.

[Amber]

hi Guys,

I am bit confused with these categories, Can someone please help me.

I started permanent job in feb 2013, Plan to apply in sep 2013 with six months statements

I am well above the salary requirement.

What are you confused about if salaried and have been working for the same employer for 6 months and meet the required threshold as well as having the specified evidence then Cat A.

[Ayyubi72]

1) I apply on category A (6 months pay slips march to September bearing in mind that under tupe (transfer of undertakings protection of employment regulations 2006) I still working for the same employer after the takeover

I contact solicitor recently about this matter and he said I still eligible to apply under cat A bcose of tupe law beside I still working at the same location,position,salary and same tax reference and same payroll number
I'm really confused there is any way I can contact HO about this?
There is any one else have any idea about tupe law?.

Tupe has nothing to do with immigration. There should be no confusion whatsoever. Its not rocket science to know who you work for. If its same tax reference number then you are working for the same company. Can you not read on wage slip the name of the company who is paying you?

If it was abc limited before, and its is still abc limited then you work for the same company.

If it was abc limited before, but now its efg limited then the employer is has changed, simple.

Read whats written on the wage slip. Your wage slip has the answer in black and white. No point asking in this forum, because no one has seen your wage slips.

[reda]

Tupe has nothing to do with immigration

how do you know that for sure!? I mean may be they are not related directly however the tupe is there for protect the employee at takeover
and one of them (beside terms and conditions) is period of continuous employment - an employee’s start date is the same as before the transfer, so continuous employment isn’t broken
from my understanding tupe allow me to apply on cat A,any one had this situation before?


https://www.gov.uk/transfers-takeovers/ ... -contracts

[Ayyubi72]

You needle is stuck on tupe.

"Continuous employment" in tupe means that for eg you worked for BP at one year, and then your BP was taken over by shell, then if you are made redundant, or disciplinary procedure, pension or for any other aspect of employment, shell will have to count your employment with BP as if you were employed by shell. Tupe is to protect your rights as an employee. Tube does not somehow suggest that you still work for BP even when shell has bought the business.

UKBA is concerned about one simple things, ie

Are you with the same employer? Employer means someone who employes you and pays you salary/wages for work.

UKBA is not concerned about how you ended up with a particular employer. Either it was a takeover, sellover, merger or deputation.

So, when BP paid your wages your worked for BP. Now shell pays your wages so you work for shell. Its immaterial how you ended up being with shell. In layman's term and as I already lectured (or probably wasted my time), just check the wage slip. If the name of employer has changed on the wageslips, then the employer infact has changed, simple, its not rocket science to work out.

And how do I know about tupe? Well, why should I explain to you about how I know about tupe. There are many things I know about and many things I do not know about. Tupe happens to be something I know about.

And if you are sure that you qualify under CAT A, then you do not need to convince anyone. Just go forward and make an application. There is no one stopping you.

[Amber]

Hi everybody,
I'm preparing my documents in order to apply for spouse visa on Category B
On The last 12 months I did have 3 different employers (first one 3 months,2nd 5 months and third 4 months)
In the application there is only place for two employer details(currant and previous)
How can I put the details of the first employer?
Thank you for your time.

[Amber]

In the continuation sheet (page 13).

[Amber]

Hi,
My wife and I try to fill the spouse application unfortunately we are stuck in part 9 (the part you make Clair some point)
online application doesn't give me enough space for I can explain my situation
What shall I do?

[Amber]

When you print it out, just add another sheet hence:

if you run out of space please use additional sheets of paper to provide us with all the relevant information required as part of your application

[reda]

When you print it out, just add another sheet hence:

if you run out of space please use additional sheets of paper to provide us with all the relevant information required as part of your application

I did see that part but I was thinking that when you fill the application online at the end you have to sign ( the extra sheets is not including)
What you think if I put some of my additional information on part 5
(appendix 2 application).

[Amber]

But you have to print it out so you would just add the sheet.

[reda]

Hi,
I'm living in sharing big 3 floor house (1st floor 2 rooms with their toilet 2nd floor 3 rooms with their toilet,on total 6 rooms including mine which is on the top floor with my own Spam and toilet however I still share with others machine wash,beside is one exit door for all of us(same address)
In spouse application appendix 2 they want you write the name,age,nationality ,passport number and relation to you of each tenant in the house!(6 tenants)
Is it compulsory!? No one want give his/her details as we are only housemate there no relation between us,any suggestion.[/i]

[Amber]

Hi,
I'm living in sharing big 3 floor house (1st floor 2 rooms with their toilet 2nd floor 3 rooms with their toilet,on total 6 rooms including mine which is on the top floor with my own Spam and toilet however I still share with others machine wash,beside is one exit door for all of us(same address)
In the application they want you write the name,age,nationality ,passport number and relation to you of each tenant in the house!(6 tenants)
Is it compulsory!? No one want give his/her details as we are only housemate there no relation between us,any suggestion.[/i]

Which application are you talking about? Have you got your own tenancy agreement for your room?.If so that would be sufficient.

The information you are thinking about is,only required if you share the house with your parents and siblings.It does not apply if you are living in rented property

Which application are you talking about? Have you got your own tenancy agreement for your room?.If so that would be sufficient.

The information you are thinking about is,only required if you share the house with your parents and siblings.It does not apply if you are living in rented property

Thank you for your time,I'm talking about spouse visa application,it's mean I leave it empty or I write (n/a).

Which application are you talking about? Have you got your own tenancy agreement for your room?.If so that would be sufficient.

The information you are thinking about is,only required if you share the house with your parents and siblings.It does not apply if you are living in rented property

Thank you for your time,I'm talking about spouse visa application,it's mean I leave it empty or I write (n/a).

any thoughts ?

[Amber]

See also, Maintenance and accommodation (MAA)

[SoHopeful]

You only need the details of the people you actually reside with in the property i.e partner/children/relatives. The landlord can just confirm size and number of occupants in an additional letter - no personal details necessary.

[reda]

You only need the details of the people you actually reside with in the property

There is other tenants live in the property who I have no relation with them
It's big villa with 3 floors I occupy the top floor at my own
We are like neighbours put at the same house
All of them they refuse to disclose their personal details!what to do.

[masteriori]

I didn't want to create a new thread, so I thought this might be the right thread to ask in.

I am looking to apply very soon for spouse visa and I am in the process of the completing the financial requirement form and am unsure about which category to select?

Currently, I have 2 jobs and salaried total exceeds the minimum (£18,600) required but need your help on this. Category A or B?


Thanks in advance