Maintenance.. Whose to declare

[Yaomin]

Hii

My wife is on tier 2 and wanting to switch to spouse visa.
She has stopped her work that she was doing when on tier 2 in August 2016.

She did 15 hours extra with another employer whilst on tier 2 (you're allowed 20 hours of the same job). She continues to work for this secondary employer but stopped the job at the primary sponsor employer.

When applying for spouse visa, do i declare her income and submit her payslips? My income is alone sufficient to meet the financial requirements. Do i just state that that she is not currently working as she has stopped working for the primary employer for the past 4 months ? She has not yet received any letters asking her to leave within 60days so tier 2 visa still valid until 9/2017.



Regards,

[Casa]

You can apply with your income alone if you choose.

Is your wife aware that FLR(M) which reset her immigration clock to zero, putting her on a new 5 year path to ILR unless she qualifies under Long Residence before then.

[CR001]

Has she received a curtailment letter for her Tier 2?

What are the circumstances around ending her employment with her sponsor?

Is she still working for her supplementary employer? If yes, she is in breach of her visa conditions.

Under Part 6A of these Rules, "supplementary employment" means other employment in a
job which appears on the Shortage Occupation List in Appendix K, or in the same profession
and at the same professional level as that which the migrant is being sponsored to do provided
that:

(a) the migrant remains working for the Sponsor in the employment that the Certificate of
Sponsorship Checking Service records that the migrant is being sponsored to do,

(b) the other employment does not exceed 20 hours per week and takes place outside of
the hours when the migrant is contracted to work for the Sponsor in the employment
the migrant is being sponsored to do.

[Yaomin]

You can apply with your income alone if you choose.

Is your wife aware that FLR(M) which reset her immigration clock to zero, putting her on a new 5 year path to ILR unless she qualifies under Long Residence before then.

Yeah, we're not concerned about ilr as long residence will kick in. We have not received curtailment letter.

All i am worried about is filling the forms? Should I state her current pay from secondary employment or not. She hasn't reveived a curtailment letter and left job after maternity. Won't go back. Thats why we're switching before the letter comes.

Should i state or not state her as employed? Or will they track it from her ni number? I can enter my salary and both our savings and leave her as unemployed, and that should meet target. But are they asking for work details just for this target or to know the real current situation?

I don't think she has breached tier 2 because she officially left her sponsor in Oct and they haven't even officially acknowledged it with a p45 etc.

[CR001]

Yeah, we're not concerned about ilr as long residence will kick in. We have not received curtailment letter.

All i am worried about is filling the forms? Should I state her current pay from secondary employment or not. She hasn't reveived a curtailment letter and left job after maternity. Won't go back. Thats why we're switching before the letter comes.

Should i state or not state her as employed? Or will they track it from her ni number? I can enter my salary and both our savings and leave her as unemployed, and that should meet target. But are they asking for work details just for this target or to know the real current situation? If she is switching from Tier 2, they will KNOW that she is not 'unemployed' and they can and do check HMRC details. They have ALL her information on their system. You should not lie or hide anything when completing the form.

I don't think she has breached tier 2 because she officially left her sponsor in Oct and they haven't even officially acknowledged it with a p45 etc. You are missing the point of 'being in breach'. She can ONLY do supplementary work IF she is still working for her Tier 2 sponsor. If she left the sponsor, she is not permitted to work for the supplementary employer. I have quoted the immigration rule for you again.

Under Part 6A of these Rules, "supplementary employment" means other employment in a
job which appears on the Shortage Occupation List in Appendix K, or in the same profession
and at the same professional level as that which the migrant is being sponsored to do provided
that:

(a) the migrant remains working for the Sponsor in the employment that the Certificate of
Sponsorship Checking Service records that the migrant is being sponsored to do,

(b) the other employment does not exceed 20 hours per week and takes place outside of
the hours when the migrant is contracted to work for the Sponsor in the employment
the migrant is being sponsored to do.

[Obie]

Your income can be relied upon. However what Char has advised is worth bearing in mind.

E-LTRP 2.2 (b) does preclude break of immigration rules. Working for another secondary employer when the licence of the primary employer has been revoked, amount to such breach.

You can only hope that this is not detected, as it could have a long time implication.