Guidance for Obtaining Spouse Visa next month

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Old Mar 2nd 2019, 1:27 pm
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Default Guidance for Obtaining Spouse Visa next month

Hi guys,

I am a newbie here. I am just wondering and hoping that this thread can help and guide me with my upcoming spouse visa application next month. I badly need someone's advice regarding my concern as my mind are about to explode as I am still confuse about the following things.
I been through a lot of research but I could not find the right answer. Anyone's advice will be much appreciated.

1. My British husband had his own removal business that just went dissolved middle of last year. Will this affect my spouse visa application?
2. After his business went dissolve he is now working in another removal company from October 2018 up to present, on which category should my husband source of income must fall under? Category A (non-salaried employment) or Category C as self-employed under paragraph 9?? Please can anyone guide us if which category I should fill in? He's getting paid on weekly basis. Does tax payment must be presented along with the documents to be presented as proof of employment?
3. Due to his business bankruptcy his business bank account been closed so he was paid on CASH basis from October to November. We only have statement from beginning of this year after he apply for new standard bank account. Any advice on this on what alternative documents we must provide to prove he started working since October 2018?
4. Do I still need original documents from my husband such as his Birth certificate and bank statement? Or scan/photocopy may submit?
5. Can I do my spouse visa application where I am currently working overseas with valid working/residence permit? Or do I have to do it in my original home country?
6. Is it advisable to apply by April 15th despite the bank statement that we have is just from January to March?

Please your advice will help us. Thank you in advance.
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Old Mar 2nd 2019, 1:54 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

1. Probably not. It would depend on which category you wish to meet the financial requirements under.

2. Is this not salaried employment?

3. His business and personal accounts should’ve been separate. Was he operating as a sole trader?

4. You’ll need originals

5. You can apply from your country of residence.

6. Your last supporting document needs to be dated within 28 days of your application date.
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Old Mar 2nd 2019, 2:23 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

Hi thank you for dropping by your answers

actually my problem is I don’t know in which category my husband income will fall under. He was the director of his removal business before with 5 employees. He work with another removal company as subcontractor from February - Aug 2018. Then after his business went dissolve Sept 2018 he continued working in the same removal limtited company he works for as subcontractor before but this time AS NORMAL EMPLOYEE (since October up to present) which pays him on weekly basis, he does not have any contract nor payslips as his salary gets paid direct deposit into his account. Is he qualified under salaried employment?

If he falls under salaried employment is 6 months required?

I also found paragraph 9. Employee of specified limited company in the UK? Is this referring to Family business type of the sponsor?

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Old Mar 2nd 2019, 3:14 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

And is there any way somehow to show proof that he gets paid in cash from the two months last year? As we can only supply bank statement from January salary up to 28days before my visa application date. As I believe they are asking for 6 months bank statement? Can I submit his business dissolved letter as proof that bank statement cannot be provided from the last full year or it is irrelevant?

sorry if I have too much queries I just want to avoid to get any refusal at all as it cost a lot of money 😂
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Old Mar 2nd 2019, 6:57 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

Originally Posted by danigirl18
Hi thank you for dropping by your answers

actually my problem is I don’t know in which category my husband income will fall under. He was the director of his removal business before with 5 employees. He work with another removal company as subcontractor from February - Aug 2018. Then after his business went dissolve Sept 2018 he continued working in the same removal limtited company he works for as subcontractor before but this time AS NORMAL EMPLOYEE (since October up to present) which pays him on weekly basis, he does not have any contract nor payslips as his salary gets paid direct deposit into his account. Is he qualified under salaried employment?

If he falls under salaried employment is 6 months required?

I also found paragraph 9. Employee of specified limited company in the UK? Is this referring to Family business type of the sponsor?

What do you mean he does not get payslips? If he is an employee then it is a legal requirement to get a payslip, no exceptions. How does he know how much tax he is paying?
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Old Mar 2nd 2019, 7:57 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

You MUST provide 6 months of payslips, plus 6 month of bank statements showing income (same amount as on payslips) being deposited to apply under Cat A - and every payslip must be 1,550 GBP or over to show that he earns 18,600 GBP per annum.
No other documentation will be accepted.

If his company dissolved in September 2018 and you are applying for the visa in March 2019, unless he earned a lot more than 18,600GBP in the last financial year of the company, then any income from that self-employment will be irrelevant.
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Old Mar 2nd 2019, 7:59 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

Originally Posted by ElDiablo
What do you mean he does not get payslips? If he is an employee then it is a legal requirement to get a payslip, no exceptions. How does he know how much tax he is paying?
Hi ElDiablo,
This is why I am bit confuse if which category my husband’s source of income is in. He was a director in a removal limited company from 2013 up to 2018 but unfortunately his business dissolved due to unexpected circumstances. After his business dissolved he works as a subcontractor / staff to another removal limited company paid on weekly basis for almost 5 months now without official payslip as his salary been directly deposited on his bank account and he only pays tax end of the year as he was self employed previously.

Since he is not paying regular tax he is not consider as employee?

Non-salaried employment I assume this was paid on hour/weekly basis? Do they have payslips and contract too?

so in my husband’s case he is consider as self employed?

thanks in advance for your advice 🙂
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Old Mar 2nd 2019, 8:05 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

Originally Posted by danigirl18


Hi ElDiablo,
This is why I am bit confuse if which category my husband’s source of income is in. He was a director in a removal limited company from 2013 up to 2018 but unfortunately his business dissolved due to unexpected circumstances. After his business dissolved he works as a subcontractor / staff to another removal limited company paid on weekly basis for almost 5 months now without official payslip as his salary been directly deposited on his bank account and he only pays tax end of the year as he was self employed previously.

Since he is not paying regular tax he is not consider as employee?

Non-salaried employment I assume this was paid on hour/weekly basis? Do they have payslips and contract too?

so in my husband’s case he is consider as self employed?

thanks in advance for your advice 🙂

He is only considered self employed if he has a registered company, presents invoices to his clients, pays taxes and fees to HRMC etc and can show company accounts.

ALL employees are legally entitled to payslips which show income, taxes paid etc. Contracts are on a company to company basis.

If your husband does not have payslips, and is being paid in cash, you do not have proof of income and any application you make will fail.
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Old Mar 2nd 2019, 8:12 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

Originally Posted by SanDiegogirl
You MUST provide 6 months of payslips, plus 6 month of bank statements showing income (same amount as on payslips) being deposited to apply under Cat A - and every payslip must be 1,550 GBP or over to show that he earns 18,600 GBP per annum.
No other documentation will be accepted.

If his company dissolved in September 2018 and you are applying for the visa in March 2019, unless he earned a lot more than 18,600GBP in the last financial year of the company, then any income from that self-employment will be irrelevant.
hi SanDiegogirl,

thanks for your advice. Does official letter stating his weekly wages can serve as alternative to payslips?
He earns more than £18600 when he runs his own business but unfortunately he does not have any access now to his previous business bank account as after business dissolved bank accounts been closed. Is there any alternative documents can be submitted to show his income for the last financial year?

can i combine his income from being director of limited company for the last financial year and his current earning as non-salaried employment?
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Old Mar 2nd 2019, 8:20 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

Originally Posted by SanDiegogirl
He is only considered self employed if he has a registered company, presents invoices to his clients, pays taxes and fees to HRMC etc and can show company accounts.

ALL employees are legally entitled to payslips which show income, taxes paid etc. Contracts are on a company to company basis.

If your husband does not have payslips, and is being paid in cash, you do not have proof of income and any application you make will fail.
His previous company was registered. I was just thinking if I can still use it as alternative documents why we cannot supply bank statement for the last full year?

After his business dissolved he got paid cash basis from oct2018 to nov2018 then by January up to present his salary been deposit on his new bank account. So technically I will only have offical bank statement from January up to 28days before I apply my visa. So should I need to wait until June or July before to apply so he will have 6 months bank statement?
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Old Mar 2nd 2019, 9:40 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

hanks for your advice. Does official letter stating his weekly wages can serve as alternative to payslips?
NO
He earns more than £18600 when he runs his own business but unfortunately he does not have any access now to his previous business bank account as after business dissolved bank accounts been closed. Is there any alternative documents can be submitted to show his income for the last financial year?
NO
can i combine his income from being director of limited company for the last financial year and his current earning as non-salaried employme
NO

Last edited by SanDiegogirl; Mar 2nd 2019 at 9:43 pm.
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Old Mar 2nd 2019, 9:45 pm
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Default Re: Guidance for Obtaining Spouse Visa next month

Originally Posted by danigirl18


His previous company was registered. I was just thinking if I can still use it as alternative documents why we cannot supply bank statement for the last full year?

After his business dissolved he got paid cash basis from oct2018 to nov2018 then by January up to present his salary been deposit on his new bank account. So technically I will only have offical bank statement from January up to 28days before I apply my visa. So should I need to wait until June or July before to apply so he will have 6 months bank statement?
1. When was the last financial year of his non defunct company - and can he prove he earned 18,600 GBP during that financial year?
2. You need PAYSLIPS AND BANK STATEMENTS for a full 6 months before you can apply
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Old Mar 3rd 2019, 4:55 am
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Default Re: Guidance for Obtaining Spouse Visa next month

Originally Posted by SanDiegogirl
1. When was the last financial year of his non defunct company - and can he prove he earned 18,600 GBP during that financial year?
2. You need PAYSLIPS AND BANK STATEMENTS for a full 6 months before you can apply
Again thanks SanDiegogirl

May 1, 2017 to April 30, 2018 his last financial year. He earns roughly 20,000 GBP from that last financial year. But the only issue we have at the moment is proving his earnings as he no longer have access to his business bank account after the business dissolved. But the company he work with are willing to provide letter of support stating that he works on that period to them.

Just for further clarification as I am really confuse and losing hope about proving our financial situation if my husband are now working in a limited company (his friend's removal business) as subcontractor is he classified as self-employed or employed person?
He only pay tax every end of the year. This company he is working for are not issuing any payslip to him as they just deposit his salary direct on his account which I really don't understand why no payslips provided.

Since he lost the business is my husband still classified as self-employed or not anymore?
Do you think if we mention on our application about the business dissolved will that give a negative impact on my future visa application?

Thanks for patiently answering my queries. I am really losing hope to get spouse visa approval with his situation at the moment
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Old Mar 3rd 2019, 5:50 am
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Default Re: Guidance for Obtaining Spouse Visa next month

Originally Posted by danigirl18
Again thanks SanDiegogirl

May 1, 2017 to April 30, 2018 his last financial year. He earns roughly 20,000 GBP from that last financial year. But the only issue we have at the moment is proving his earnings as he no longer have access to his business bank account after the business dissolved. But the company he work with are willing to provide letter of support stating that he works on that period to them.

Just for further clarification as I am really confuse and losing hope about proving our financial situation if my husband are now working in a limited company (his friend's removal business) as subcontractor is he classified as self-employed or employed person?
He only pay tax every end of the year. This company he is working for are not issuing any payslip to him as they just deposit his salary direct on his account which I really don't understand why no payslips provided.

Since he lost the business is my husband still classified as self-employed or not anymore?
Do you think if we mention on our application about the business dissolved will that give a negative impact on my future visa application?

Thanks for patiently answering my queries. I am really losing hope to get spouse visa approval with his situation at the moment
This company he is working for are not issuing any payslip to him as they just deposit his salary direct on his account which I really don't understand why no payslips provided.

If this company is paying him a salary he is not self employed. He therefore needs payslips showing his salary and tax paid, together with bank statements showing the relevant amount deposited.

With the greatest of respect your husband's earnings are extremely irregular. He gets paid an income but he only pays tax at end of year. That is not normal as an employee, as employees pay tax under the PAYE process either monthly or weekly.
Self employed people pay tax usually at end of year - however your husband does not currently have a registered business.

Unless you can provide all of the necessary documentation for either employed or self employed status your application will fail




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Old Mar 3rd 2019, 6:06 am
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Default Re: Guidance for Obtaining Spouse Visa next month

Originally Posted by SanDiegogirl
This company he is working for are not issuing any payslip to him as they just deposit his salary direct on his account which I really don't understand why no payslips provided.

If this company is paying him a salary he is not self employed. He therefore needs payslips showing his salary and tax paid, together with bank statements showing the relevant amount deposited.

With the greatest of respect your husband's earnings are extremely irregular. He gets paid an income but he only pays tax at end of year. That is not normal as an employee, as employees pay tax under the PAYE process either monthly or weekly.
Self employed people pay tax usually at end of year - however your husband does not currently have a registered business.

Unless you can provide all of the necessary documentation for either employed or self employed status your application will fail
I guess I have to postpone the application by next month and I must ask my husband to leave that job and look for another one who will issue payslips to him.

So in connection with that if he gets another job and he work there for a full period of 6 months are we now qualified to apply for spouse visa under Category A or B employment with 18,600 gbp or more?

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