Spouse Visa Whilst Changing Jobs

[philippinesuk]

Hi

I am applying for Spouse Visa in January however I'm changing Jobs

My history
2 Years Salaried Job Full time at around 50k I have Full payslips tax etc for this, this job ends in December which is When I get my last pay from this.

I have accepted another job have full paperwork stating a salary again salaried at around 60k this one would start end of Jan when I come back from marriage and submitting my Spouse Visa application.

Lastly another company has just come to me with a job offer but it's a contract at £400 a day. This would be initially a 6month contract at a stretch I can push them to a year. For this I would setup a ltd company and pay myself that way. They can provide a contract saying start in January at this rate.

For Spouse visa would UKBA accept either of these or are they more likely to only accept the 60k Salaried permanent job?

[Obie]

Having read your other post, it is clear to me that you will not qualify under Category B, unless you will be a PAYE with your new employer.

Otherwise your wife will have to wait until you file in your self-assessment.

[philippinesuk]

Obie Thanks so much.

It's kind of a weird oversight, it seems like they just want to make sure that the person in the UK will pay tax.
So I could take the job at 60k full salaried but can't take the job for 400 a day which would give us both a very comfortable life because the 400 a day is a contractor position where i'd have to put through umbrella or my own company, and I would'nt be able to prove that I'm receiving that money properly till after a year, when I file my tax return.

[MPH80]

As I highlighted on the other thread you commented on - it's not an oversight - it's deliberate.

if you are running your own limited company - it's too easy to cook the books and give yourself an inflated salary against an overdraft or other financing.

For the likes of yourself, who wouldn't dream of doing that, this might seem like an overreach on the part of UKBA - but think about it this way:

I walk into a bank with a business plan I stole off someone else (who's company is flourishing) ... I persuade them to give me a loan - easy enough with the business plan. I walk out with the money and pay myself out of the loan for 6 months. I then go to UKBA, claim under category A and, volia, my wife has a visa. Now I simply fold the limited company - declare it bankrupt - and go and look for a normal job. No money owing ... and we have a visa. Remarkably straightforward.

That's just one route if they didn't require tax year evidence.

So someone running a company needs 12 months worth of evidence - including proof that they are paying HMRC and are continuing to trade.

For someone employed - it's far harder to cook any finances - you have to be very good friends with the owner and the CFO of the business - then they have to agree to pay you 9,300 (and lose their 12% employers NI) over 6 months + the time it takes to do the application. Not many good friends would do that.

M.