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Is letter from previous employer really necessary?

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Korah
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Is letter from previous employer really necessary?

Post by Korah » Wed Jan 15, 2020 11:05 pm

Hi,
I was just about to apply spousal visa for my wife under category B, but then I came across the requirement to supply a letter from previous employer confirming salary slips, amounts etc. The issue is that I did not leave on good terms with this employer, and my job with the new employer is less than 3 months, and I already have a better job offer with another employer so if I don't apply visa now then I will need to wait 6 months to be in Cat A.

Is the letter from previous employer absolutely necessary for application when my salary, P60 and bank statements clearly tally everything?

I don't think that my previous employer is going to issue me such a letter when I had the issue with the CEO and sacked, but they ended up paying compensation rather than going to tribunal. I do however have a legally binding agreement with my last employer as a part of the settlement to provide references where they will confirm dates of employment and last salary. Could this be used in any way instead of a letter?

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Amber
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Re: Is letter from previous employer really necessary?

Post by Amber » Wed Jan 15, 2020 11:41 pm

Specified evidence is required as per Appendix FM-SE (click).
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Korah
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Re: Is letter from previous employer really necessary?

Post by Korah » Thu Jan 16, 2020 8:04 pm

Amber wrote:
Wed Jan 15, 2020 11:41 pm
Specified evidence is required as per Appendix FM-SE (click).
Thanks, but what if the previous employer refused to issue such letter? Is there a legal remedy to force employer to issue the letter confirming pay etc?

If not, then is there anything you can do to convince Home Office?

UtterlyBrilliant
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Re: Is letter from previous employer really necessary?

Post by UtterlyBrilliant » Thu Jan 16, 2020 8:36 pm

I was searching for something in regard to the employer letter on here myself, and I stumbled upon an older thread but one of the more experienced heads here said the HO can issue them a hefty fine for refusing to provide the letter. Don't know if that still applies/ever did, but it was said by someone that seemed to know their stuff.

However, you would need to provide evidence that you requested it I think. So maybe attach an email that shows you requesting it from them and them saying no.

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seagul
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Re: Is letter from previous employer really necessary?

Post by seagul » Thu Jan 16, 2020 8:57 pm

Only very few members were asked to supply the employer letter from previous employer although it is totally irrelevant & pointless and also not mentioned in policy guidance. Visa won't be refused without it alone on clarifying its irrelevance to the case.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Korah
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Re: Is letter from previous employer really necessary?

Post by Korah » Thu Jan 16, 2020 9:42 pm

seagul wrote:
Thu Jan 16, 2020 8:57 pm
Only very few members were asked to supply the employer letter from previous employer although it is totally irrelevant & pointless and also not mentioned in policy guidance. Visa won't be refused without it alone on clarifying its irrelevance to the case.
I couldn't agree more, but I am asking this question because as we were filling the online application, you cannot move to the next phase of application until you TICK that you will provide a letter from your employer confirming all the details. Then it lists both of my employers further down the application.

Anyhow, I have sent this query to Paid Inquiry Line that if I still need to provide letters when sending all originals? See what they say?

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seagul
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Re: Is letter from previous employer really necessary?

Post by seagul » Thu Jan 16, 2020 9:55 pm

Korah wrote:
Thu Jan 16, 2020 9:42 pm
seagul wrote:
Thu Jan 16, 2020 8:57 pm
Only very few members were asked to supply the employer letter from previous employer although it is totally irrelevant & pointless and also not mentioned in policy guidance. Visa won't be refused without it alone on clarifying its irrelevance to the case.
I couldn't agree more, but I am asking this question because as we were filling the online application, you cannot move to the next phase of application until you TICK that you will provide a letter from your employer confirming all the details. Then it lists both of my employers further down the application.

Anyhow, I have sent this query to Paid Inquiry Line that if I still need to provide letters when sending all originals? See what they say?
Well for most of us its not weired to hear because a lot of irrelevant things the online form still asking such as asking 2 years of cohabitation documents even for those who applying spouse visa 1st time, set(LR) long residence applicant are also being asked of various irrelevant documents when actually they only need their passport, LIUK and English test. Also few members are also asked to provide the documents relating to their EX-partner when they have no contact with them but they still got success on providing the clarification.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
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Re: Is letter from previous employer really necessary?

Post by geoeng » Fri Jan 17, 2020 9:12 am

"2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering: . . .
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency)."

The wording of the requirement for an employer letter from Appendix FM-SE (the link Amber posted) would suggest a letter is required for any payslips being relied upon. It sounds like what would be included in the reference agreed to as part of your settlement would meet those requirements.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: Is letter from previous employer really necessary?

Post by seagul » Fri Jan 17, 2020 10:30 am

Will the previous employer issue employer letter when you are no longer working for them dated within 28 days ??
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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