spouse of scouse

No wonder you're stressed. I think you've been given some sound general advice - you need a professional to interpret the myriad of laws that pertain to your exact situation. Either that, or your own suggestion of trying to secure a position with a UK company.

You might want to give yourself a day off before diving into it all again - reading through all those regs doesn't just make my head hurt, my eyes, ears and left big toe go all squiffy too

johnh009

Is it a case that your employer requires you to be based in the UK for business reasons or it just suits you both that you could continue in the same job working from home in the UK so as to speak?

ldollard

It just suits us both and they are basically doing it as a favor as i assumed i could use that for my visa, and i am very sure he will not register in the UK, the kind of work I do is frowned upon in the UK.

If I cannot use this job to secure the spouse visa, this'll turn my life upside down. Who the **** actually has 62k in savings, that's about $100k, which most people wouldn't even get from selling a house. ****....

I cannot be apart from my family for some completely unspecified amount of time, the minimum of 6-9 months or could be years... What the **** is going on?

I guess if it cannot be used to immediately pay for the visa, i can go back for six months, work for them for six months in the UK as self-employed then use that for the spouse visa from within the UK, I am pretty sure that route is one covered in their financial examples.

ldollard

Ok so i spoke to the immigration consultant yesterday, this is basically what she said.

As my specific situation is not covered under any current law; as in my USA employer providing employment, she believes they wont have any grounds to deny the application.

She said she cannot be definite as she's never come across it before but that I should fill out the spouse visa form as if i was salaried and provide all the required paperwork to back up category a.

So that's a pretty positive step, if anyone is wondering who I used, it is this lady and she was extremely competitive in charging me under 100 pounds for an hour consult. (it costs $250 per half hour in the US).

http://www.depreyconsulting.com/about-us/

J.JsOH

Hi, good move on speaking to some professional on the matter, even though it costs a bit.
As you have done, when I know nothing about a subject and have no acquaintances then I like to do as you have; glean opinions and experience on a forum as a grounding and balance to a discussion with a professional.
All a bit tough when one is up against a blank wall trying to find answers but has to be done.
Glad you feel things are a bit clearer now.

johnh009

I think the waters are getting murkier. It is an applicant's UK income they are interested in, not the income in their current country and the OP's US employer is not registered in the UK with HMRC as an employer. It won't take them long to figure that out. He needs a job in the UK without the required amount in savings, that is the best way forward.

"She said she cannot be definate as she as never come across it before" are the operative words here from the consultant when referring to this situation. Maybe there is a reason why she is cheaper than everyone else?

nun

If the employer is not registered in the UK with HMRC I think you'll have problems with the financial side if the visa. The best approach might be to move to the UK and set yourself up as self employed get a contract for services from your ex-US employer and do the work as you had planned, but you'd be invoicing the US company rather than being on payroll. You could then use that income in the visa application.

ldollard

I'm simply not going to do that, as she pointed out, that would make the process over a year long (for a full 12 months self-employed route), which is basically bullshit.

I'd rather spend $1300 to find out and if they deny it, then we'll look at other routes.

ldollard

Based on anyone's lack of knowledge because this is NOT covered by any UKBA/immigration policy whatsoever. I have a good chance of getting through with this income.

UKBA does not ask for a UK employment source of income, but simply income. Nothing nowhere is it specifying the source or origin of country.

If its not there I'm fairly certain they cannot deny it, as its meeting their requirements as set forth. If they deny it, on appeal I'm confident it would pass, although i'd rather not go there.

As it stands it doesn't make a difference to UKBA regarding my status with HMRC at all thats not in the application form as far as I know.

If any of the above is untrue please let me know. thanks for the help.

nun

I'm confused. I thought you were going to be a contractor and bill the US company. So no US income tax or payroll taxes will be withheld. If you are US citizen you'll have to deal with US tax on the income from your self employment, but that would be entirely your problem. Working as a salaried person for the US company while you are in the UK must be breaking lots of UK employment laws, there's issues with PAYE, NICs, holidays etc etc.

I don't know what UKBA will think of your arrangement, because I'm not sure what you are think of doing anymore. But if you want to get a visa I'd advise that you don't go breaking UK employment law from the start.

spouse of scouse

Evidence
[edit] For initial entry clearance
You must provide ALL of the following evidence related to your current employment (The official wording is 'In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out for UK employment'):

Tax statements
Wage slips
A letter from the employer(s) who issued the wage slips confirming:
the person's employment and gross annual salary;
the length of their employment;
the period over which they have been or were paid the level of salary relied upon in the application; and
the type of employment (permanent, fixed-term contract or agency).
A signed contract of employment for employment currently held.
Monthly personal bank statements corresponding to the same period(s) as the wage slips, showing that the salary has been paid into an account in your name or in joint names with your spouse.
Additionally you must provide EITHER:
a letter from a UK employer confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant's partner's return to the UK; OR
a letter from a UK employer enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant's partner's return to the UK.

nun

Your US employer cannot employ you as a salaried employee in the UK without registering in the UK for PAYE etc etc.......so that's a reason to deny your application, But you can register yourself.

http://www.accountingweb.co.uk/anyan...ot-resident-uk

http://www.hmrc.gov.uk/manuals/pommanual/PAYE20100.htm

That might work, but you'd have to make sure that your salary was paid without income tax, FICA and medicare being withheld.

ldollard

This is what I've read in the "IMMIGRATION DIRECTORATE INSTRUCTIONS"

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

3.3.7. Wage slips must be on company headed paper, or stamped and signed by the employer, or
accompanied by a letter from the employer on company headed notepaper and signed by a
senior manager confirming they are authentic.

and

4. In respect of a job offer in the UK (for an applicant's partner or parent's partner
returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and EECC.2.2.(a) of Appendix FM) a letter from the employer must be provided:
(a) confirming the job offer, the gross annual salary and the starting date of the employment
which must be within 3 months of the applicant's partner's return to the UK; or
(b) enclosing a signed contract of employment, which must have a starting date within 3
months of the applicant's partner's return to the UK.

I've searched everywhere for what you posted, but cant find it, can you send me the link please. This "a letter from a UK employer spouse" does not exist on the UKBA site anywhere.

http://search.homeoffice.gov.uk/sear...&Submit=Search

Just to clear issues up, i'm a green card holder, but am British, i plan on paying my UK taxes through a UK accountant. My US company is not liable for any taxes as I'll be an independent contractor as far as IRS and my company is concerned in the US. In the UK, i'll be applying as a salaried person on my application form, whether this will work or not we'll see once the immigration people approve or deny it. My USA company will not be liable for taxes anywhere. We employ people all over the globe on this basis and do not incur taxes in, England, Scotland, Russia, Venezuela , Turkey, Jamaica, Thailand, Spain or Canada etc.. etc..

spouse of scouse

http://britishexpats.com/wiki/Spouse_Immigration-UK

ldollard

I don't want to sound rude, but that's not law and shouldn't be used to actually file a visa. Am I wrong?

I find it a little disturbing that some people might go off something that's possibly mis-written, this whole process is complicated enough.

I wonder where that sentence came from specifically. I cant find it anywhere at all in official policy documents.

Thank you guys so much for helping though, if not I never would have searched so hard for the laws and policies myself.