Question about employment

[nitrox]

Quick question about my visa application which I am due to submit later this month. Currently I have all of my documents apart from my wife's TB results which I am due to pick up next Thursday. My major question is regards my employment status and how it will effect my visa.

I work for an American company (although Philippine on registration documents), I have worked for them for over five years now doing all the marketing, web related work and graphic design. When I told them I am planning to go back to the UK they said they would still employ me even though I would be in the UK and all my work would be uploaded to our company servers online.

So obviously I don't need to look for work when I return to the UK as I will still be in employment and wages will be wired to my bank account in the UK.

I can provide all my pay slips from the past 5 years as well as a letter from my employer which states I will still be in employment upon my return to the UK.

How will this be viewed by UKBA? Will they accept this as proof of employment even though it's not a UK company? I don't see that I should have to give up a perfectly good job just because it's not British.

My salary more than meets the requirements as I earn around 25,000 GBP per year.

I have been married to my wife for over 5 years and have a 4 year old daughter who with her who is also a British citizen, not sure if that makes a difference.

Thanks Guys,

Dan.

[Terpe]

......How will this be viewed by UKBA? Will they accept this as proof of employment even though it's not a UK company? I don't see that I should have to give up a perfectly good job just because it's not British.....

Hi Dan,

In principle you'll have no problems at all. Your circumstances are very common and are covered within the rules.

Working overseas and then simply transfer with the same employer to a job in the UK can be used to meet both the overseas employment income and the confirmed job offer in the UK required. You'll just need to determine/decide if your position will be best presented under Category A or Category B. (more reading for you I'm afraid)


The only potential complication that may or may not need a fix is that of having a UK PAYE Scheme with HMRC. (TAX & NI)
If your employer already has a UK presence/base an already operates an HMRC PAYE Scheme then no problem.

If not...then your employer (or yourself acting on their behalf) will need to set-up a Scheme. This usually follows a format of you taking responsibity for PAYE. Means your employer pays you gross and you will operate the PAYE and make deductions and subsequent payments to HMRC.
It really isn't as daunting as it might seem, and anyway there are plenty of organisations that will do it for you (at a price of course).

Anyway, specifically in connection with visa application I would suggest attempting to secure confirmation (PAYE-wise) directly from UKBA if a PAYE schem is mandatory for settlement route visa, or if they will accept confirmation from your employer that the correct TAX regime will be conducted in due course.

It may or may not be required for Visa Application, but it'll need to be done anyway.

Not wanting to cause concerns, just trying to cover all bases.
UKBA is not a caring compassionate organisation....it's driven solely by rules. Period
As usual.....the devil is in the detail

[nitrox]

Hi Dan,

In principle you'll have no problems at all. Your circumstances are very common and are covered within the rules.

Working overseas and then simply transfer with the same employer to a job in the UK can be used to meet both the overseas employment income and the confirmed job offer in the UK required. You'll just need to determine/decide if your position will be best presented under Category A or Category B. (more reading for you I'm afraid)


The only potential complication that may or may not need a fix is that of having a UK PAYE Scheme with HMRC. (TAX & NI)
If your employer already has a UK presence/base an already operates an HMRC PAYE Scheme then no problem.

If not...then your employer (or yourself acting on their behalf) will need to set-up a Scheme. This usually follows a format of you taking responsibity for PAYE. Means your employer pays you gross and you will operate the PAYE and make deductions and subsequent payments to HMRC.
It really isn't as daunting as it might seem, and anyway there are plenty of organisations that will do it for you (at a price of course).

Anyway, specifically in connection with visa application I would suggest attempting to secure confirmation (PAYE-wise) directly from UKBA if a PAYE schem is mandatory for settlement route visa, or if they will accept confirmation from your employer that the correct TAX regime will be conducted in due course.

It may or may not be required for Visa Application, but it'll need to be done anyway.

Not wanting to cause concerns, just trying to cover all bases.
UKBA is not a caring compassionate organisation....it's driven solely by rules. Period
As usual.....the devil is in the detail

Terpe,

That's fantastic news! Even if it is not a requirement I will still go ahead and do it anyway as I have a feeling UKBA dont really ask you the questions they want the answers to, that's up to us to provide the answers and it's better to be safe than sorry.

[Terpe]

Terpe,

That's fantastic news! Even if it is not a requirement I will still go ahead and do it anyway as I have a feeling UKBA dont really ask you the questions they want the answers to, that's up to us to provide the answers and it's better to be safe than sorry.

May I suggest you talk to HMRC about setting up a PAYE Scheme anyway before submitting you application. It doesn't cost you anything....it's easy and you'll a legal Ref.Number to state to UKBA.

Anyway as I mentioned your employment circumstances and employment location transfer are perfectly acceptable