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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, I am a British Citizen currently living in UK. My wife

Resolved Question:

Hi, I am a British Citizen currently living in UK. My wife is Korean (South) and we have two daughters (both dual nationality British and Korean, ages 6 and 4).
We have applied for a leave to remain visa for my wife so she may come to the UK with our daughters (both are with her in Korea at this time).
We have just received word from the immigration centre that we have only failed on income proof 6 months prior to the application (26th March 2014).
My question is how to provide this proof if I have only been working in the UK since Jan 2014 and the only proof of income is my bank account in Hong Kong. What format of information must I provide to satisfy my proof of earnings?
Thank you in advance
Kevin Laurenson
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi Keith,

Thanks for your question.

Can you please confirm that you submitted your application on 26 March 2014?

What were you doing for work for the period 26th March 2013 to January 2014 (when you started work in the UK)?

Kind regards,


Tom
Customer: replied 3 years ago.

yes the application was officially submitted on the 26th March. I am an injection moulding expert, with my most recent position at Magna in Banbury England. my role there is Mould Shop Quality Manager. however i am seeking to change and have an interview this week with a contact lens company in Fareham (south of England)

Expert:  Thomas replied 3 years ago.
Hi Keith,

Okay. I assume from your answer that you have been employed at Magna since January 2014. Can you please confirm what salary you receive for this?

Can you please also confirm what you were doing for work for the period 26th March 2013 to January 2014 and at what salary you were employed during this time?

Kind regards,


Tom
Customer: replied 3 years ago.

Hi,


my salary at Magna is GBP43,500PA, the position i am interviewing for is GBP50,000PA


I was working as Quality Director for a Chinese company in Ningbo (where my family lived for the last 3 years). The company name was Huazhong Mold. The salary there was 540,000 RMB PA approximately GBP54,000PA


Kevin

Expert:  Thomas replied 3 years ago.
Okay.

So, at the start of 26th March 2013 you were working for for a Chinese company in Ningbo at the salary stated in your reply.

What date did this employment finish?

Sorry if it appears that I'm being picky. It's just that the financial requirement is difficult and requires this detail.

Tom
Customer: replied 3 years ago.

That's OK, it is why I am contacting you in the first place. it seems there is only one chance to confirm this with them so i do not want to make a mistake.


the Employment with the Chinese company finished on 4th January 2014. I had completed my 12 month contract with them at this time.


Kev

Expert:  Thomas replied 3 years ago.
Hi Kev,

I think this will be last couple of questions.

Can you please confirm the level of cash savings (that you have held for at least 6 months) that you have between you and your wife?

What evidence of your income that you received from your Chinese employment did you submit?

Kind regards,

Tom
Customer: replied 3 years ago.

Hi Tom,


Actually our cash savings are quite low, although my wife has had some savings in Korea, but this only averaged around GBP2000.


unfortunately we din't provide any evidence of actual earnings, just the employment contracts


Kev

Expert:  Thomas replied 3 years ago.
Hi Kev,

Thanks.

Drafting your answer now. 5 mins please.

Kind regards,

Tom
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The key difficulty seems to be evidencing that you meet the financial requirement.

The home office guidance on the financial requirement is here:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299103/Financial_Requirement_Guidance_20140324.pdf

This is what the application is judged by.

The difficulty is that the financial requirement is based on one of two employments, one where you have been employed with your employer for 6 months or more at the date of the application and the second being where you have been employed with your employer for less than 6 months.

Clearly, as at the date of your application you were based in the UK and, clearly, you had not been employed by your employer for 6 months as at the date of your wife’s application. Therefore the application will be judged under: “5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK” at page 22 of the guidance.

There are then two things that you have to meet.

The first, is that even though you have only been employed for 6 months you must have a gross annual salary above the threshold amount. Provided you have given evidence of your payslips, bank statements and employment contract this would not appear to be an issue.

The second part that you have to meet is a bit more tricky and is contained at 5.3.8 of the guidance. It means that you must show that in the past 12 month preceding the application you must have earned the level of income to meet the requirement (ie. £18, 600.00). Again because your previous chinese employment finished just before you took UK employment and it was above the salary level this would appear – in theory only – to not be a problem.

I expect that the reason they have rejected the application is because you have not appropriately evidence your income from your chinese employment for the period 26th March 2013 to January 2014 and therefore not evidence that you have earned the salary threshold requirement during this time.

Therefore, if they have asked you for further documents rather than rejecting your application out of hand then you will have to gather as much documentation as you can which shows your chinese employment for this period and send it to them. So, things like you employment contract, correspoednnce from the employer confirming employment with them during this time, payslips, bank statements showing the deposits of salary in to the account corresponding with the payslips. Basically anything that you have or the chinese employer has which shows the level of income over this period of time.

I would sound a note of caution about the new job. If they reject the application that your wife has put in now after you have given additional evidence then you can either appeal (which for an out of country appeal takes a LONG time) or you can submit a fresh application. Because as at the date of the fresh application if you are still employed in your current role then clearly you will have been employed for longer than 6 months. Therefore, once you have proved your employment and income for this role from January to end of june then you will meet the financial requirement and can be assured of a successful new application. However, if you take a new job then you will have to wait until you build up evidence of it and it’s another set of documents to arrange.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.

Hi Tom


Although your answer is very informative and very useful in helping me sort out which documents to send. It actually doesn't answer my orignal question of "What format of information must I provide to satisfy my proof of earnings"


my concern is that the documents I send must be such that there is no question of authenticity. I want to send via email as this is the quickest and safest option. It would appear that I have only one chance at doing this and they will not investigate further once they receive them, i.e. if they are not satisfied they will not investigate the origins etc.


I must provide documents that satisfy this, but must be sure what format is acceptable as proof of earnings


Kev

Expert:  Thomas replied 3 years ago.
Hi Kev,

Well, the documents together form the "format of information" that you must provide in order to satisfy your proof earnings.

So, the bank statements, payslips, employment contracts and other sundry documentation are the things which prove your earnings.

They must all be originals, basically. Original bank statements, original payslips, your original employment contract and original miscellaneous correspondence (ie any).

So, were you to send simply by email they may reject on the basis that they require the originals.

Personally, I would scan what you have and send by email but clearly state at the start of the email that such scans are sent by way of expediency only and that originals will follow in the post and ask that the evidence/application is not determined until such time as they have received the original by post. Then send the originals by registered or couriered post.

Kind regards,

Tom
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