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Spouse visa - Employer is refusing to issue an employer letter

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AishaI
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Spouse visa - Employer is refusing to issue an employer letter

Post by AishaI » Tue Mar 05, 2019 8:38 pm

Hi

I am working for a bank through an agency and as the agency issues my payslips, I contacted them for an employer letter. I completely explained the reason why I was requesting one and that it was a requirement to have an employer letter to accompany the payslips. They have refused to give one on company headed as it is against their company policy to issue without an official request and without a specific recipient- something along those lines. i have explained over and over again that I need it, it only has to say when I started work, my hourly pay and that I am paid weekly and also that payslips are issued electronically so something to say to confirm that they are authentic. They have refused and said they are happy to email instead of doing a letter.

I am really worried as I really do not know what to do. What do you all suggest?

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seagul
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Re: Spouse visa - Employer is refusing to issue an employer letter

Post by seagul » Tue Mar 05, 2019 9:21 pm

AishaI wrote:
Tue Mar 05, 2019 8:38 pm
Hi

I am working for a bank through an agency and as the agency issues my payslips, I contacted them for an employer letter. I completely explained the reason why I was requesting one and that it was a requirement to have an employer letter to accompany the payslips. They have refused to give one on company headed as it is against their company policy to issue without an official request and without a specific recipient- something along those lines. i have explained over and over again that I need it, it only has to say when I started work, my hourly pay and that I am paid weekly and also that payslips are issued electronically so something to say to confirm that they are authentic. They have refused and said they are happy to email instead of doing a letter.

I am really worried as I really do not know what to do. What do you all suggest?

I m afraid but you have to get that one in compliance of HO guideline otherwise you will be refused. Better to ask another member of staff.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Frontier Mole
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Re: Spouse visa - Employer is refusing to issue an employer letter

Post by Frontier Mole » Wed Mar 06, 2019 12:56 am

Do you have a fixed term contract with the agency? Or are you on a week by week type set up?

If you have a fixed term contract then the agency is obligated to confirm your employment and should issue you with an employer letter. How you achieve thatbgiven the policy they operate I suspect your are going to have to get a lawyer involved.

If you are on a week by week basis then they can just let you go with the minimum notice period. In that case pushing to get the employer letter may cause you more grief than good.

Have you seen this policy that they refer to? Have you talked to the HR department?

I just don’t get why they are being uncooperative as it serves no purpose and is of no consequence to your employer. The letter does no convey additional work rights or guaranteed future employment.

AishaI
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Re: Spouse visa - Employer is refusing to issue an employer letter

Post by AishaI » Wed Mar 06, 2019 6:06 pm

I do not know any other member of staff.

I am on a temp contract with the agency. I tired to call the HR/ Payroll team - they gave me an email address to send an email to explaing what you need. Fingers crossed I really hope they give me the letter as I do not know what to do otherwise.

Do you think I can write a cover letter explaining why I do not have it and then attach evidence to show I tried getting it but the agency were not being cooperative.

So worried...

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seagul
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Re: Spouse visa - Employer is refusing to issue an employer letter

Post by seagul » Wed Mar 06, 2019 8:36 pm

AishaI wrote:
Wed Mar 06, 2019 6:06 pm

Do you think I can write a cover letter explaining why I do not have it and then attach evidence to show I tried getting it but the agency were not being cooperative.

So worried...
HO is chained up to their own policies and won't excercise any discretion. Instead emailing/calling why don't you attend your employer office in person and politely explain & request it. In the worst case even if they write it on A4 size page and stamped & signed it then still it can fulfill the purpose.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ariamus
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Re: Spouse visa - Employer is refusing to issue an employer letter

Post by ariamus » Wed Mar 06, 2019 11:26 pm

Sorry to hear about the difficulty you’re having with the agency.

Please note the requirements below (extracted from Specified Evidence as referenced at the end) regarding the payslips and employer letter - so you can be sure they can issue correct first time.

——-

(bb) Payslips must be:
(i) formal payslips issued by the employer and showing the employer’s name; or
(ii) accompanied by a letter from the employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic

——-

(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)

——-

If they require to note a specific recipient, make that Home Office, Settlement Visa Applications - or something to that effect.

Regarding they require official request, print and show them the following:

Immigration Rules Appendix FM-SE: family members specified evidence
Family members - specified evidence

https://www.gov.uk/guidance/immigration ... d-evidence

AishaI
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Re: Spouse visa - Employer is refusing to issue an employer letter

Post by AishaI » Tue Mar 19, 2019 7:43 am

I managed to get an employer letter and I have submitted my application and documents. Its the waiting game now - sleepless nights!

FaeLLe
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Re: Spouse visa - Employer is refusing to issue an employer letter

Post by FaeLLe » Tue May 07, 2019 11:18 pm

For anyone else facing this challenge the employer now has to comply with GDPR requests and have to issue you all true copies of documents / information they hold about you.

Highly likely the GDPR data request will come with a letter, just submit the whole pack which shows the letter showing the info they hold about you including the salary info / payslip.

This might suffice dwpending on how the company chooses to comply with the GDPR data request.

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seagul
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Re: Spouse visa - Employer is refusing to issue an employer letter

Post by seagul » Wed May 08, 2019 2:38 am

FaeLLe wrote:
Tue May 07, 2019 11:18 pm
For anyone else facing this challenge the employer now has to comply with GDPR requests and have to issue you all true copies of documents / information they hold about you.

Highly likely the GDPR data request will come with a letter, just submit the whole pack which shows the letter showing the info they hold about you including the salary info / payslip.

This might suffice dwpending on how the company chooses to comply with the GDPR data request.
It was introduced in 2018 which is the part of 'subject access request' which has already been enforced.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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