Worried about financial docs - PLEASE HELP!!

Started the application for a settlement visa for my wife. I've been living in Thailand for the past 11 years. We've been married for 7 years and have two young sons both with UK passports.

I'm really worried about the financial documents. I have worked for a Chinese company teaching English online for the past year now. The job is paid per hour and is not salaried. From what i have read the HO will average out my previous 6 months earning and times it by 12 to reach an annual figure. Is this correct?

The first problem i'm having though is that the company can only send me a letter confirming employment and also another letter showing what i've earned over the past 6 months. They don't issue monthly payslips, the letter outlining what i've earned is literally just a 6 month tally. The letters are signed but not stamped and sent via email. I've begged and pleaded with them about this, telling them they must be signed and stamped by hand and sent via post, but they've said that's the best they can do. There is a mobile app for the teachers where you can access salary info, agreement, schedule etc. I'm going to screenshot info from the app and send that with my financial documents in the hope that it might support my other documents. Will the documents that they have sent me suffice?

The second problem i have is that the deposited amounts on my bank statement are in a foreign currency and are slightly different to my gross salary figures due to bank transfer fees and exchange rate fees. Is this likely to be a problem?

The final question i have is regarding work when we return the UK. Obviously my work is online based so I will be able to continue the job i'm doing now. Will this be fine with the HO too?

I'm sorry for so many questions but this is getting pretty stressful now and all i want to do is get my family back to the UK as soon as possible. Thanks in advance for any advise, it's very much appreciated.

Please can anyone help me out. Any advice or ides?

Is there nobody that can give me any advice?

Rorybreaker83 wrote: ↑

Mon Feb 10, 2020 8:34 am

I have worked for a Chinese company teaching English online for the past year now. The job is paid per hour and is not salaried. From what i have read the HO will average out my previous 6 months earning and times it by 12 to reach an annual figure. Is this correct?

Yes, provided you are applying using Category A (6 months or more with current employer.

Rorybreaker83 wrote: ↑

Mon Feb 10, 2020 8:34 am

The first problem i'm having though is that the company can only send me a letter confirming employment and also another letter showing what i've earned over the past 6 months. They don't issue monthly payslips, the letter outlining what i've earned is literally just a 6 month tally. The letters are signed but not stamped and sent via email. I've begged and pleaded with them about this, telling them they must be signed and stamped by hand and sent via post, but they've said that's the best they can do. There is a mobile app for the teachers where you can access salary info, agreement, schedule etc. I'm going to screenshot info from the app and send that with my financial documents in the hope that it might support my other documents. Will the documents that they have sent me suffice?

In respect of employment outside of the UK, evidence should be a reasonable equivalent to that specified. Whether what you have described you can get would be considered a "reasonable equivalent" would only be a guess on my part.

Rorybreaker83 wrote: ↑

Mon Feb 10, 2020 8:34 am

The second problem i have is that the deposited amounts on my bank statement are in a foreign currency and are slightly different to my gross salary figures due to bank transfer fees and exchange rate fees. Is this likely to be a problem?

Maybe, but not necessarily for the reason you think. It would certainly be worth making this situation clear in a cover letter. Is there any indication of net pay from your employer that corresponds to what is deposited in your bank? Are you correctly taxed on this income and is this amount indicated anywhere?

Rorybreaker83 wrote: ↑

Mon Feb 10, 2020 8:34 am

The final question i have is regarding work when we return the UK. Obviously my work is online based so I will be able to continue the job i'm doing now. Will this be fine with the HO too?

My understanding is that the employment must be in the UK.

Thank you so much for taking the time to reply geoeng. I will certainly provide a cover letter explaining the payments i receive in greater detail. I've got plenty of supporting documents, screenshots/emails, etc, that i will include that will hopefully support what i'm claiming.

There is no proof of net salary that i can get from my employer, only a gross figure. The difference comes down to the exchange rate on that given day and the fees that both banks charge either side. I hope the case officer will understand this.

You've helped clear up most of my queries and i appreciate that very much. But now i'm worried about the employment part. Because i work online I'm able to work in any location. I was hoping to continue with this job when i return to the UK and obviously begin paying uk tax national insurance etc. I don't have another job offer nor have i sought employment for when i return as i'm already and will be employed by my current company. Oh dear, is this really going to be an issue? Will the officer not understand that i will be continuing my employment in the UK?

Thank you again for your advice, i didn't think anyone was going to reply.

Rorybreaker83 wrote: ↑

Wed Feb 12, 2020 12:28 pm

is this really going to be an issue? Will the officer not understand that i will be continuing my employment in the UK?

While your employment may continue, it sounds like you are employed in China, which is not in the UK. Are you an employee of the company you work for or do you have a contract for the provision of services? The latter sounds closer to self-employment, for which the requirements are a bit different.

https://assets.publishing.service.gov.u ... -ext_1.pdf

geoeng wrote: ↑

Wed Feb 12, 2020 1:06 pm

Rorybreaker83 wrote: ↑

Wed Feb 12, 2020 12:28 pm

is this really going to be an issue? Will the officer not understand that i will be continuing my employment in the UK?

While your employment may continue, it sounds like you are employed in China, which is not in the UK. Are you an employee of the company you work for or do you have a contract for the provision of services? The latter sounds closer to self-employment, for which the requirements are a bit different.

https://assets.publishing.service.gov.u ... -ext_1.pdf

Oh man getting really worried now. Having looked through the agreement i have with the company it does state that i am indeed an 'independent service provider' so i guess that is technically self-employed. On the employment letter though they state my 'contracted' hours/time served/current hourly rate, etc. There is no mention of 'service provider' or anything like that. There are two parts to this that i can't figure out. Will an easy fix be to just find an offer of employment for when i return to the UK? If so then that would be that part fixed. Then that would just leave the part where i'm proving my current income, which i guess would be covered with the current company documents/bank statements. I'm thinking that way there would be no question of my employment as being 'self-employed' as there would be no reason for them to query or ascertain that information.

I'm really not sure what to do about this now. Are the home office really that scrupulous? I'm not in any way trying to cheat them and it would be a shame if the application is rejected as i meet the annual figure they have set.

Once again i really appreciate your help and input. I think my head is about to explode now.

geoeng wrote: ↑

Wed Feb 12, 2020 1:06 pm

it sounds like you are employed in China, which is not in the UK.

True, true.

Rorybreaker83 wrote: ↑

Wed Feb 12, 2020 2:14 pm

Are the home office really that scrupulous? I'm not in any way trying to cheat them and it would be a shame if the application is rejected as i meet the annual figure they have set.

Unfortunately there are people out there who do try to cheat them, so the Home Office can get rather picky about ensuring all of the required documentation is provided for the applicable situation.

If you are considered self-employed, it is likely you would be able to continue this in the UK if you intend to set it up and document it correctly. However, the evidence required to prove self-employment income is substantially different than that of regular employment (goes well beyond simply submitting payslips and bank statements) and if you were unaware that you would be considered self-employed, you may not have all of the specified documentation available.

Keep in mind that the Home Office can, at their discretion, contact employers to confirm details so it is worth confirming how they view your employment status. This becomes more difficult if various agreements/letters from this company are alternately using terms indicating you are an employee with those indicating you are an independent service provider.