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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am looking to apply spouse visa wife

Customer Question

Hi,

I am looking to apply for uk spouse visa for my wife under Category A in March 2014. As I have understood that TUPE will be considered as continued service. I have advised my HR to add in details of my TUPE transfer in the employment letter but there are some complications about my TUPE process that might be hard to explain and might confuse the ECO as explained below.

Since Jan 2014, I have been working for Parsons Brinckerhoff which was part of Balfour Beatty. In October 2014, WSP acquired Parsons Brinckerhoff and now Parsons Brinckerhoff is part of WSP. Now the trouble is that in October 2014, I was TUPE-ed from Balfour Beatty Group to Parsons Brinckerhoff rather than WSP, as Parsons Brinckerhoff and WSP will operate as seperate entities until the business integration is complete. So therefore, on my payslips, the name of employer was Balfour Beatty Group before Oct 2014 and after Oct 2014 the name of the employer on my payslip is Parsons Brinckerhoff (rather than WSP).

I have checked with HMRC and they say that my employer name in the tax records has been Parsons Brinckerhoff throughout since I joined in Jan 2014.

The overall TUPE process did not change my salary, terms and conditions or my current work arrangement. The only change was the identity of the employer

The trouble is now me and my HR is confused on how to explain this in the employer letter to not put the ECO in doubt and satisfy that I meet Category A. What would be the right way to get this explained in the employer letter ?

My salary and earnings are well above the threshold of £18,600 throughout my last 12 months. Would it be a good idea if I choose Category A and also include 12 month payslips and 12 months bank statements just to be on the safe side ? so that if the ECO is in any doubt, he could check my earnings in last 12 months that its above the threshold of £18,600

Thanks,

Hossam

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Yes, I can continue to wait for an answer.

Thanks,

Hossam

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Hi,

yes, you can close my question as I got the answer from somewhere else. Would my deposit payment be refunded ? as my question was not answered

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