HELP!! Spouse Visa!!

Hi, guys. I am new here and I have so serious problems here needed you guys to help out.

I just came back to Malaysia from the UK as a working holiday maker. I met my now fiancée (British citizen) there on the second month I was there and have fallen head over heels in love with her. We are planning to get marry this October (she is studying in the UK but will come over to Malaysia to stay with me for 4 months; she will go back to the UK after our wedding.) I am going to apply for a spouse visa after the wedding.

I have been told that I need to show proof of my employment in the UK while I was a working holiday maker:

I helped out in a restaurant which is owned by my dad’s best friend at that time for 6 months before I moved in with my fiancée. I was not actually working there. I kind of helped the owner when his wife is away. He gave me some pocket money and he said it shouldn’t count as wages. (I was staying in his house as my ‘Base’ for my travels around the UK, I thought it was perfectly normal for me to help him sometimes and I didn’t expect him giving me pocket money)

I then moved to Birmingham where my fiancée is studying at the university there and was employed by a business company. I worked there for 11 months.
2 months before my working holiday expired, I came back to Malaysia for planning our October wedding and after that I am going to apply for a UK spouse visa.

I am preparing all the documents for my spouse visa and one day, my dad’s best friend rang me and told me that he just found out his accountant somehow used my NI number and paid NI contribution and tax!! So, it meant that the 6 month period I was helping my dad’s best friend looks like it shows that I was working with him and in total it looks like I was working in the UK for 17 months in total!! I have spoken to the accountant and he admitted he did a mistake (the other waiter worked there also name Kelvin), it was meant to be his NI contribution and tax. The accountant has no idea how to contact the HMRC to tell them that there was a mistake on my NI contribution and to show the British High Commission that I have not been working for more than 12 months.

1) If I submit my spouse visa application, will they find out how many months I have been working In the UK?

2) What can I do? To tell the HMRC that there was mistake on my tax and NI contribution and it wasn’t me that was working there for 6 months? Should my dad’s friend contact the HMRC and tell them what is going on?

Please can anyone advise us what to do?? We just want to be together but due to her study (another 2 and a half year), we have to be apart for now. Thanks to anyone who is taking time reading my post. We appreciate it.

I have been told that I need to show proof of my employment in the UK while I was a working holiday maker:

Dont know that as part of the requirement for a spouse visa and might not count since you are applying for a spouse visa.

I kind of helped the owner when his wife is away. He gave me some pocket money and he said it shouldn’t count as wages. (I was staying in his house as my ‘Base’ for my travels around the UK, I thought it was perfectly normal for me to help him sometimes and I didn’t expect him giving me pocket money)

I really dont get this. If you help sometimes like you have said and not working and being paid, I dont think you really need to supply your NI in the first place.

I came back to Malaysia for planning our October wedding and after that I am going to apply for a UK spouse visa.

Your fiancee is a student and as your sponsor, the spouse visa rules require that your sponsor must be working and has substantial savings to qualifies as a sponsor after your marriage.

2) What can I do? To tell the HMRC that there was mistake on my tax and NI contribution and it wasn’t me that was working there for 6 months? Should my dad’s friend contact the HMRC and tell them what is going on?

Dont think that would be possible

Apart from your personal situation with the error, it would appear that the accountant needs to advise HMRC as presumably the other 'Kelvin' hasn't had any deductions taken from his earnings for NIC or tax. If this is corrected then it should also solve your problem regarding overworking.

You need to be very careful how you handle the situation as regardless of what your dad’s best friend says, what you did for him was work (paid directly or in kind).

Many restaurants, etc have been prosecuted for having people not eligible to work (on visit visas, etc) helping out as a way of 'thanking' the owner for food/board.

I agree with djb. Even unpaid Charity work is considered as part of the working allowance. The worst thing at this stage would be to give information that the ECO could consider as a false declaration.

Casa wrote:I agree with djb. Even unpaid Charity work is considered as part of the working allowance.

In this case though it's worse than unpaid, it's cash in hand and therefore avoiding tax.

Still wondering why the restaurant/accountant had the NI number in the first place if they didn't think they were were employing the OP.

djb123 wrote:
Still wondering why the restaurant/accountant had the NI number in the first place if they didn't think they were were employing the OP.

The OP needs to tell the truth. No need to supply NI to someone if you are only helping "sometimes when my Dad best friend's wife is away" and the accountant paid NI on yours instead of another Kelvin in the restaurant.