ldollard

So I said I wanted to update you guys once I spoke to my new Solicitor.

Basically I wanted to work in the UK for a US company (my current company).

Due to the wording in the spouse visa appendices, i was pretty convinced this was something that would work.

I spoke to one solicitor, one immigration consultant and one accountant who specializes in this field (sounds like the start to a bad joke).

I initially spoke to an immigration consultant (http://www.depreyconsulting.com/), She agreed with me, stating that if it was not specifically stated that the job needed to be from a UK company, then they couldn't deny me based on that fact. Our sticking point was whether i'd be self-employed or salaried.

This led me to consult with an actual immigration solicitor called Barry (http://www.gryklaw.com/). We ended up talking to my accountant in the UK (hfmtax.co.uk) who explained that I would be salaried based on a little known HMRC scheme as follows

"HMRC have a mechanism to facilitate this called an employee payroll scheme (which we run for a number of clients) though this is not widely known even in the Revenue itself."

All this information was then forwarded to a guy in the home office to clarify this position. He agreed that is was a path that was acceptable.

So all that's left now is to apply for the spouse visa.

So i'd like to say very good news.

Hope that's all clear, its clear to me I know only because I've been dealing with it for 3 months.

I attached those links, especially for the immigration solicitor as he is wonderful.

mayhemuk

Very interesting. Hope it translates to a rubber stamp on the application!!!!
Do let us know how you get on.
Good luck.

rebeccajo

Excellent.

This is the exact example of a situation we talk about when we insist someone seek specialist advice. As your expert told you, there is a "little known scheme" available. And it took pointing out that scheme to the Home Office to get clarification. AND, plenty of us here were doubtful of the possibility of success. Which goes to when your case is complex, you should never rely solely on internet forums for advice.

I don't know if your expert will be preparing your application. I hope that whomever prepares the app includes rules about the HMRC scheme and paper proof from "the guy in the Home Office".

Keep us posted.

vikingsail

Congrats on finding a potential solution. Sounds very positive to me.

Mummy in the foothills

Well done finding a solution

ldollard

He is providing us the documentation and a personal letter to go along with the application. It ultimately took 3 professionals to suss out this situation.

spouse of scouse

I'm pleased for you, well done. Also a great learning experience for all.

ldollard

And one lay person who knew it was correct from the get go.

Thanks, it was except, i knew it was the way to go in the first place, probably wouldn't have spent $1000 if there hadn't been so many naysayers.

rebeccajo

So you don't feel you gained an advantage by seeking professional advice?

ldollard

I'll be honest I feel more comfortable. But I literally gave everyone the information they needed to confirm what I already knew.

Sadly the whole spouse visa process is a total shambles. Purposefully worded to trip and confuse would be applicants.

Whats so sad is the system was so people friendly before and now its turned into "1984".

My point really, is that I shouldn't have had to even seek legal help, never mind 3 professionals help, so clarify a point, that should by rights have been worded. Many people apparently are doing this, which is why my accountant specializes in it.

I'm not rich, but luckily I had some money to pay for all this, I really don't think loads of people have that kind of money to literally throw away on an answer that should have been readily apparent.

So, yes it was a waste or money, but sadly money I had to waste to get clarification.

I just really hope that now I've cleared it up, someone else in a similar situation wont have to got through all that. So in that respect it was money well spent.

rebeccajo

What you have done is very valuable. Firstly for your wife's case. Because, hopefully, you've got the info to pigeon-hole them and keep from an initial denial.

This is how I see it. I think if you had sent the case without back-up ammo it would have been denied. And then you would have wasted that fee, because you probably would have re-applied with legal help rather than appealing (because it's faster). Soooooooo, you would have spent two application fees PLUS the fees for a lawyer.

Secondly - and I'm not meaning to talk "down" to you at all - but I'm not sure how much time you've spent "studying" immigration. I've been at it for about 8 years. The only reason that's relevant is because, IMO, so much of the good, reliable info out there - be it UK immigration or US immigration - is based on anecdotal evidence. Sure, you are 100 percent correct that the UKBA website is confusing. So is USCIS in the US (although I'm finally convinced that UKBA is worse). But, IMO, anecdotal evidence beats instructions, hands down, everytime.

You are caught up in the "newness" of the rules. A lot of people have been - there was a lot more evidence of the cock-ups before UKBA took down it's US facebook page.

I hope you keep us posted. I'm sure you will.