Is Appendix II no longer required?

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?

Specified evidence is required as per Appendix FM-SE (click).

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?

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.

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.

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?

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.

"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.

Will the previous employer issue employer letter when you are no longer working for them dated within 28 days ??

I am making the visa application for my wife, but I don't know how I should calculate annual salary for a zero contracted hour job in the middle of current and previous jobs under category B. Here is the scenario.

Job 1 - current job: Salaried over the £18,600 threshold but in the job for 3 months
This job covers Months: 12, 11, 10

Job 2: Previous but still current - a zero contracted hours: Held this job since 2016, but never done many hours because this was in addition to my full-time job.
I want this job to cover the Months: 9, 8, 7, 6
Total gross income for above months: £8,300 (1700+1750+2450+2400)

[The issue is that in other months I did not earn much because I held a full time job, roughly total
gross income in the last 12 months in this job may be around£15,000]

Job 3: Previous job : Salaried and over £21,000
This job covers Months: 5, 4, 3, 2, 1 but it goes back a few years.

Here are the issues with the Job 2 when completing the application.

• As you can see that the total earned in this job over a 12 month period does not meet the £18600 threshhold. But I only need to use the months 6,7,8, and 9 income, which is way more than the threshold. The application is asking for an anual salary from this job. If I use the last 12 months total, then it does not meet the requirement. But if I take the average of 4 months when I worked full time in this job then the avarage salary based on those 4 months is £24,900. Can I use this figure? Or will it be classed as misrepresentation?

• Another issue with the application is that it does not allow me to make this job still current. It requires an end date or the form will not move forward. But it does allow today's date as end date though. Should I enter today's date as end date for this job even though it has not ended?

Korah wrote: ↑

Sat Jan 25, 2020 3:02 pm

I am making the visa application for my wife, but I don't know how I should calculate annual salary for a zero contracted hour job in the middle of current and previous jobs under category B. Here is the scenario.

Job 1 - current job: Salaried over the £18,600 threshold but in the job for 3 months
This job covers Months: 12, 11, 10

Job 2: Previous but still current - a zero contracted hours: Held this job since 2016, but never done many hours because this was in addition to my full-time job.
I want this job to cover the Months: 9, 8, 7, 6
Total gross income for above months: £8,300 (1700+1750+2450+2400)

[The issue is that in other months I did not earn much because I held a full time job, roughly total
gross income in the last 12 months in this job may be around£15,000]

Job 3: Previous job : Salaried and over £21,000
This job covers Months: 5, 4, 3, 2, 1 but it goes back a few years.

Here are the issues with the Job 2 when completing the application.

• As you can see that the total earned in this job over a 12 month period does not meet the £18600 threshhold. But I only need to use the months 6,7,8, and 9 income, which is way more than the threshold. The application is asking for an anual salary from this job. If I use the last 12 months total, then it does not meet the requirement. But if I take the average of 4 months when I worked full time in this job then the avarage salary based on those 4 months is £24,900. Can I use this figure? Or will it be classed as misrepresentation?

• Another issue with the application is that it does not allow me to make this job still current. It requires an end date or the form will not move forward. But it does allow today's date as end date though. Should I enter today's date as end date for this job even though it has not ended?

Your current salaried job is giving you at least £18600 which will meet the part 1 of category B. But to meet the 2nd part you should have earned at least £18600 during the last 12 months which can be from all jobs not just from one job and also there won't be any average income be calculated for this purpose. And if the application form is not moving forward without giving the end date then better to give a recent date and clarify that error in covering letter.

Your current salaried job is giving you at least £18600 which will meet the part 1 of category B. But to meet the 2nd part you should have earned at least £18600 during the last 12 months which can be from all jobs not just from one job and also there won't be any average income be calculated for this purpose. And if the application form is not moving forward without giving the end date then better to give a recent date and clarify that error in covering letter.

Thank you for clarifying this. Just a couple of clarifications needed.

I originally started application with vsia4uk, which I think gave the option to select Category of application, or perhaps it was in appendix. But now you can only apply through Gov.uk and the form is much different than before. For example,

• Each jobs is listed separately and it asks salary for each job separately. what shall I put here? All the income from each job for last 12 months? I was thinking of not including smaller payment of under £1000 a month for 8 months when I did not work full-time there. But this will take the total to well over 30K. Could that be seen as negative?

• There is no option to select Category

• There is no mention of completing Appendix 2 - do we still need to send this in?

• There is no field in the form for extra information. Do we just in extra information in a covering letter?

With regards to the second part of the financial requirement. Shall I include all the payments from all the jobs?

For the total amount earned in last 12 months, we are to include the amount earned so far in the current job as well? Am I right?

Korah wrote: ↑

Sat Jan 25, 2020 5:31 pm

Your current salaried job is giving you at least £18600 which will meet the part 1 of category B. But to meet the 2nd part you should have earned at least £18600 during the last 12 months which can be from all jobs not just from one job and also there won't be any average income be calculated for this purpose. And if the application form is not moving forward without giving the end date then better to give a recent date and clarify that error in covering letter.

With regards to the second part of the financial requirement. Shall I include all the payments from all the jobs?

For the total amount earned in last 12 months, we are to include the amount earned so far in the current job as well? Am I right?

Yes. And you can automatically meet the part 1 because having salaried income £18600 at the time of application.

My wife had just applied for settlement visa on Gov.UK website, but there is no mention of Appendix II to be included with application. The document checklist provided by the system also does not mention anything about Appendix II.

Should we still include the Appendix II?

Moderators - you guys keep appending all the new posts to old posts, even when the topics are very different. This also pushes the new posts right to the end, so not easy to see for others to respond.
Could you please detach this post as an individual topic?

Thanks

Korah wrote: ↑

Tue Feb 04, 2020 9:03 pm

Should we still include the Appendix II?

I don't think there's a definitive answer on this one. The online application form contains substantially the same questions that were included in Appendix 2 but many still include the completed form with their supporting documents just in case.

Korah wrote: ↑

Tue Feb 04, 2020 9:46 pm

Moderators - you guys keep appending all the new posts to old posts, even when the topics are very different. This also pushes the new posts right to the end, so not easy to see for others to respond.

Personally, I find appending new posts to the old posts provides much more context to the post than if it were on it's own and is easier than constantly having to go back through a user's post history to figure out what they're trying to do. Regular users of the forum would be aware that new posts are at the end of the thread.

Korah wrote: ↑

Tue Feb 04, 2020 9:46 pm

Moderators - you guys keep appending all the new posts to old posts, even when the topics are very different. This also pushes the new posts right to the end, so not easy to see for others to respond.
Could you please detach this post as an individual topic?

Thanks

Few years ago I used to handle a forum where you can create as much new threads as much you like because the forum's rules allow that. But here there are different rules which of course you will have to abide by.

Thank you all for your input. I will include it just in case. Yes, I agree, it has very similar information, but it misses the categories, you would like to rely on. But Appendix II makes it explicit.