# Spouse Visa - phone records, non-salaried employment, interview



## Happy2015 (Jan 25, 2015)

I think I know the answers but I have been doing so much reading over the last few days that I am starting to get confused and need a second opinion from experienced members. My apologies if these questions have already been dealt with in other threads (I have read as much as I can). 

By way of background I met my husband Ghana in May 2013 and we married in January 2015. I have been to see him 3 times during our relationship. We talk to each other every day and communicate via Viber, Skype, Whatsapp. We have started completing the online application and getting evidence together. We plan to submit the application in April 2015.

1. I don’t have a mobile phone contract, I use “pay as you go” and we make calls via Viber, Skype, Whatsapp which I can get on wi-fi. Hence I will not have an itemised phone bill showing my name and address. Is it acceptable to take snap shots of calls received and made on my phone and print them off? 

2. I work in construction as self employed and get paid a daily rate and no paid holidays. I think this is classified as non-salaried employment so I just need to complete Category A part as opposed to category F or G?

3. I get paid fortnightly so is it correct that I would I need to provide 13 payment slips if I am taking the Category A route?

4. Also I expect there will be payment periods between the time the application is submitted and when a decision is made. Do I submit further payment slips to the embassy as and when they arrive or wait for them to request it?

5. I have read in several places that people add a Property Inspection Report to their application. Is this absolutely necessary? If so, who can I get to do this? A surveyor? It will just be the 2 of us living there. I will get the official Land Registry entries and mortgage statements and take photos of the property.

6. My husband and his mother do not know his father’s actual date of birth. The father died in 1990 aged about 60 years. The online application does not allow you to leave the father’s date of birth blank. Is it acceptable to enter “01/01/1930” and add an explanation in the supporting statement?

7. Will asking to speak local language at interview count against him? He speaks intermediate English but gets confused over things like double negatives. Having a local interpreter would help avoid misunderstanding, or will this count against him?

8. I expect my husband will be called for interview. Is it worthwhile me traveling there for the interview as well or would it make no difference to the application? 

Thank you


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## Joppa (Sep 7, 2009)

#1 Just your other communications record will do.
#2


> 5.5.17. A person working as a subcontractor under the Construction Industry Scheme (CIS), administered by HMRC (and under which the contractor deducts tax and National Insurance contributions from the payments made to the subcontractor), can, as an alternative to meeting the requirements of Appendix FM-SE in respect of self-employment, choose
> instead to count their CIS income as income from salaried employment. If they do, they must meet the requirements of paragraph 2 of Appendix FM-SE for specified evidence for salaried employment, subject to reflecting their status as a CIS contractor rather than an employed person. So, they must provide CIS payment slips in place of payslips, a letter from the CIS contractor in place of an employer’s letter and the required personal bank statements. If a person cannot provide this evidence, or it is not clear that they are covered by the CIS scheme, their income should be treated as income from self-employment and the relevant self-employment evidence must be provided.


 From Annex FM1.7
#3 Yes.
#4 No need. Your most latest payslip just needs to be no more than 28 days old when you apply online.
#5 No need as your accommodation isn't shared.
#6 Yes, that will do.
#7 Interview is rare. It will be in English at a level required for the visa, A1.
#8 Why? As I said, they don't usually interview applicants.


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## Happy2015 (Jan 25, 2015)

That's helpful, thanks for the quick reply Joppa


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## Happy2015 (Jan 25, 2015)

*Expenses - to gross or not to gross*

Hello, it’s me again.

I’m looking for guidance on Appendix 2 question 3.11 “What is your sponsor’s annual income from this employment before tax?”

1. I am in non-salaried employment. I get paid travel expenses which show on my payment slips. Do I include expenses when calculating the gross income for 3.11 or not? It makes no difference either way but I’m not sure which figure to put.

2. I got paid a bonus at Christmas which was taxed. Do I include this figure in question 3.11?

Thanks in advance


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## Joppa (Sep 7, 2009)

#1 Travel expenses aren't taken into account.
#2 Yes, if it occurred during the period you are submitting.


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## Happy2015 (Jan 25, 2015)

*More questions about Financial Requirements*

I just wanted to clarify some points about the Financial Requirements (since it seems to be a common reason spouse visas get refused). I read another thread about a refusal based on the sponsor’s weekly payments and I am now second guessing myself even though our circumstances are a bit different. 

1. How will the ECO know I am in non-salaried employment? Is it worth me pointing this out in my sponsorship letter? In Part 3A of the Financial Requirement Form I couldn’t find an option for salaried/non-salaried and variable/non-variable income. 

2. My contract of April 2014 does not mention pay or occupation, it just says “Self Employed Contract for Services” and that “prices” can be agreed verbally. Should I send a copy of it with my husband’s application anyway? I will get a letter from the contractor as required by Annex FM 1.7.

3. I thought I could apply under Category A but now I am not so sure. Can I have some guidance please. My pay varies every fortnight according to the days worked. I visited my husband at Christmas/New Year so I was paid total of £600 for the two fortnights in January 2015. However I will be earning £825, £900 or £1,080 every fortnight for the remaining 22 weeks leading to the date of the application. My question is am I right to go for Category A or should I go for Category B instead because of my variable pay and the low figure in January? 

4. I have done a spreadsheet showing my calculations of how I meet the financial requirement - gross income, bonus, expenses, net pay. That was for my own personal use but is it worth including it in the application to the ECO or will it make no difference?

Thanks in advance and enjoy rest of the weekend


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## Joppa (Sep 7, 2009)

#1 Usually the employment letter will make it clear, such as hourly-paid and rate of pay.
#2 Are you self-employed rather than employed (including contract work except in the construction industry)? There are entirely different regulations for self-employment.
#3 Cat A takes an average over 6 months. Cat B requires you are in a job earning at least the minimum and you've have been paid at least the minimum during past 12 months.
#4 Possibly. Or just a table will do.


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## Happy2015 (Jan 25, 2015)

Many thanks Joppa.

I only have the one construction job, I am classified as a subcontractor under the Construction Industry Scheme so was hoping to rely on paragraph 5.5.17 of the Annex FM1.7 (or 17A of Appendix FM-SE) which you kindly refer to in your earlier posting. The contractor is flexible about "services", I think it basically means they can move you between different positions such as trainee then to site manager, project manager, or assistant of these positions.

I guess it’s safer to go through Category B. So would my answers to the Financial Requirement form be as follows:

3.12 Has your sponsor been in employment with the same employer and earning the amount, as detailed in 3.11 above, continuously for 6 months prior to the date of the application? (Category A) 
*No?* [because my fortnightly income varies. The word “continuously” in their question confuses me.]

3.13 Has your sponsor had other salaried employment, in the UK, in the 12 months prior to the date of application? (Category B) 
*Yes?* [Then I repeat the contractor details again in questions 3.14 to 3.19 (which will be the same as for 3.4 to 3.10). The words “salaried employment” doesn’t strictly apply to me but I will be relying on para 18(d) of Appendix FM-SE.]

3.21 Does your sponsor’s annual income (before tax) from their current salaried employment meet or exceed the financial requirement you must meet? 
*Yes*

3.22 If your sponsor has not been employed by the same employer for 6 months prior to the application does their total income (before tax) from salaried employment received in the 12 months prior to your application meet or exceed the financial requirement you must meet?
*N/A? Yes?*

I will provide the ECO with Part 5 Continuation and Additional Information in my sponsorship letter which I hope will clarify my employment position for them.

Thanks for your help on this, I really appreciate the expert guidance. Nighty night.


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## Joppa (Sep 7, 2009)

Answer to 3.22 is Yes, as it refers to Part 2 of Cat B requirement. The full question should state: or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under Category A. This is an addition made to guidance Annex FM1.7 since Appendix 2 was last revised in Dec 2013.


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