Gaming of system re “financial requirement”?

[yossarian]

Hi there,

What would stop an applicant from signing a "fictional" employment contract with a friend or relative who is already in the UK – i.e. where neither party has any intention of actually performing the employment contract? (i.e. nod nod, wink wink, we’ll sign an employment contract and we agree to burn it upon arrival into the UK)?

Or perhaps this already happens all the time?

I assume that UKBA can’t control for this sort of activity? (How would they know?)

Cheers

[Amber]

Hi there,

What would stop an applicant from signing a "fictional" employment contract with a friend or relative who is already in the UK – i.e. where neither party has any intention of actually performing the employment contract? (i.e. nod nod, wink wink, we’ll sign an employment contract and we agree to burn it upon arrival into the UK)?

Or perhaps this already happens all the time?

I assume that UKBA can’t control for this sort of activity? (How would they know?)

Cheers

The specified evidence required for a spousal visa is more than just an employment contract. Where the ukba has doubt over the authenticity of such documents they will make further enquiries.

[yossarian]

It doesn't read like much more than that to me:

"4. In respect of a job offer in the UK (for an applicant's partner or parent's partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided:

(a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant's partner's return to the UK; or
(b) enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant's partner's return to the UK."

[Amber]

It doesn't read like much more than that to me:

"4. In respect of a job offer in the UK (for an applicant's partner or parent's partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided:

(a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant's partner's return to the UK; or
(b) enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant's partner's return to the UK."

Well despite this is fraud it can only be done when the settled/bc spouse or partner is outside the uk returning to a job. Moreover, when you come to renew the leave to remain it would fail unless you had a job by then which met the financial requirement. You would have to get one silly employer who would risk going to prison to allow a spouse/partner entry.

[yossarian]

Agree - though I bet it happens all the time, especially with families.