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you may have to provide last 12 months payslip and bank statement in order to established that you earn enough from both employer.Bims4real wrote: ↑Thu Mar 21, 2019 11:33 amHello,
My wife is currently in her last year on the 5 year route spouse visa towards settlement and just been told that her permanent salaried contract is being moved to a different employer. We were planning on applying on Category A with savings to make up the slight shortfall(300 shortfall, so at least 16300 at the settlement stage). Is it still possible to do that with her contract being moved to another employer even though she's still effectively in the same job? Or she now needs to wait to have been 6 months with the "new" Employer or go down the Category B route. Thanks for your anticipated help.
Regards,
'Bims4real
Its called Tupe transfer for which there has been no official information available in HO official guidance. Therefore, it will be counted as change of employer and fall under category B.Bims4real wrote: ↑Thu Mar 21, 2019 11:33 amHello,
My wife is currently in her last year on the 5 year route spouse visa towards settlement and just been told that her permanent salaried contract is being moved to a different employer. We were planning on applying on Category A with savings to make up the slight shortfall(300 shortfall, so at least 16300 at the settlement stage). Is it still possible to do that with her contract being moved to another employer even though she's still effectively in the same job? Or she now needs to wait to have been 6 months with the "new" Employer or go down the Category B route. Thanks for your anticipated help.
Regards,
'Bims4real
You can still use your savings with category B's first condition where you need to have been earning at least £18600 per year. Remember only the savings above to £16000 will be considered.Bims4real wrote: ↑Fri Mar 22, 2019 6:24 amThanks guys,
@wahi66, I don't think she will be able to use savings with category B as the condition 2 in category B says earnings over the last 12 months has to meet the requirement and savings can't be used with this. So for example, her 12 months salary adds up to 18000, can we use 16600 savings to make up the shortfall?
@seagull, yes, that's what she's been told...it's a TUPE transfer. Unfortunately, it's just a bit of an inconvenience, was hoping to get it done as soon as she's hits 5 years but will have to now wait til she's been 6 months with the new employer or use my limited company employment that meets the requirement comfortably. Thanks again for your help.
12 months of payslips and bank statements for category B. But for savings route only 6 months of bank statements.
All above is correct but only under employment law but HO will count it as new employer.Archer1 wrote: ↑Tue Aug 20, 2019 8:05 pmIf it’s a Tupe Transfer then her terms and conditions of the contract will remain same, if I am not mistaken and her service will be carried on unless not made redundant. In this case the new employer can give an employment letter mentioning the actual start date with the previous one. you can discuss with HR department, if they are willing to issue it. It’s my assumption and could be mistaken.
Regards,
Got it, Cheers.seagul wrote: ↑Tue Aug 20, 2019 8:15 pmAll above is correct but only under employment law but HO will count it as new employer.Archer1 wrote: ↑Tue Aug 20, 2019 8:05 pmIf it’s a Tupe Transfer then her terms and conditions of the contract will remain same, if I am not mistaken and her service will be carried on unless not made redundant. In this case the new employer can give an employment letter mentioning the actual start date with the previous one. you can discuss with HR department, if they are willing to issue it. It’s my assumption and could be mistaken.
Regards,
Hello Seagul,seagul wrote: ↑Tue Aug 20, 2019 8:15 pmAll above is correct but only under employment law but HO will count it as new employer.Archer1 wrote: ↑Tue Aug 20, 2019 8:05 pmIf it’s a Tupe Transfer then her terms and conditions of the contract will remain same, if I am not mistaken and her service will be carried on unless not made redundant. In this case the new employer can give an employment letter mentioning the actual start date with the previous one. you can discuss with HR department, if they are willing to issue it. It’s my assumption and could be mistaken.
Regards,
Thanks for sharing your experience but until UKVI official guidance doesn't gets updated with tupe regulations which isn't so far that experience alone or couple of more experiences shouldn't be followed as rationale. Under employment law tupe is indeed a continuation of existing employment which should be updated in official guidance.Bims4real wrote: ↑Mon Sep 16, 2019 10:20 amHello all,
Just to give feedback. Home office does recognize TUPE as it is a United Kingdom Law and my Wife's application was granted on Category A combined with Savings. In case anybody else is in the same situation, TUPE is recognized by Home office as long as you and your employer explain it in the cover letter and employer letter respectively.
In our scenario, Category B would have failed as her income over 12 months does not add up to 18600 as clearly stated in the rules. But using category A with just 6 months payslip (4 from the employer that took over her work contract and 2 from the employer that transferred her employment under TUPE) and savings to meet the shortfall with explanation worked out fine.
Regards,