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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6424
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I want to apply for my husbands visa, i have a full time

Customer Question

Hi
I want to apply for my husbands visa, i have a full time job for which i earn £14500 and then i have a second job for which i earn about £4800 but i dont have payslips for my second job and i get paid cash in hand, my employer said he will provide me with all my payslips, will i be able to use those to apply for my husbands visa?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Do you mean that he will provide you with backdated payslips?

Has the appropriate tax been paid on the second job?

Tom
Customer: replied 1 year ago.
yes he will provide me with backdated payslips. yes the tax has been paid. i gt paid cash in hand about £100 a week so i dont put in it into mh account is that ok?
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If you are able to get payslips for the amounts that you have been paid and you have been employed by the second job for longer than 6 month then you should be able to rely on the additional income to take you over the threshold for the financial requirement.

You will have to show that you have had a contract of employment with the employer of the second job. Technically a contract of employment does not have to be in writing but you should have received a statement of the terms of your employment from your employer under section 1 of the Employment Rights Act.

If you do not have this then you should get it from your employer and then both of you should execute statementse confirming the chronology of the employment from the second job.


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.
What if someones been working for 4-5 months but tger employer hasnt paid tax yet and hes saying he wull pay at the end of 6 months is that ok? Can the employee still receive his backdated payslios at the end of the 6 months once the tax has been paid?
Expert:  Thomas replied 1 year ago.
Hi,

You have not rate my answer. Please do so.

It's slightly dodgy territory really. He should have paid the tax when he paid you.


However, provided he pays the tax and gives you the payslips then you should be fine. I would wait until you have been employed there for 6 months to be safe though, it will probably take you a month to get the application reaedy in any event.

Please rate my answer.

Kind regards,

Tom
Customer: replied 1 year ago.
Under the new law do they accept payment made by cash in hand or not yes it will be 6 months before i send of the application? If my employer pays the tax by then and gives me my payslips can i make my application and will it be ok?
Expert:  Thomas replied 1 year ago.
There is no UKBA guidance on this, the rule is new and these things get worked out by a process of case law.

However, if you have valid payslips, the tax has been paid, they are supported by statements from you and your employer, your statement of term of your employement and you have been there more than 6 months then I would be confident that you would meet the criteria.

Please rate my answer now.

Regards,

Tom
Customer: replied 1 year ago.
I have another question what someone is not earning the £18600 required but their spouse is working in their own country and making enough so that the two of them together are earning well over the £18600 and then the spouse has a guranteed job offer for when he comes to the uk which means the couple together will be earning over £18600 Does the ukba accept that? Also if someone has a little home business as well a working full time how can they use that? Thanks
Expert:  Thomas replied 1 year ago.
I will not answer any further until you rate my answer. This question is unrelated to the first.
Thomas, Solicitor
Satisfied Customers: 6424
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
i did rate it yesterday but i dont know why it doesnt get done
Expert:  Thomas replied 1 year ago.
Well, whatever you did, the rating did not go through.

Please rate my answer now.

Tom
Expert:  Thomas replied 1 year ago.
Hi,

The salary that the spouse earns is not permitted to count at all.

The job offer is not relevant until the spouse is actually in receipt of the monies, so they would not be permitted to count either.

If you were runnign a business in the UK then the income may be permitted to count depending on whether you received it as salary or as dividends.

I have answered your original question and this further question. If you have any others please submit them to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards

Tom

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