6 months defined? Cat A or B? 1 day off! :(

[Samigrant]

Hello,

My wife is currently living and working in the UK legally using a post-study work visa. On Aug 9th she will be applying to switch to a spouse visa. She has been her current job since Feb 10, does this count as 6 months? Or is this 1 day off? To meet the financial requirement: Are we eligible to submit her work salary under category A or do we need to use category B?

We would not be able to account for the previous 12 months, so category B would not be viable for us, right?

Her salary is just under the financial requirement and I am not currently employed, but I have £63k in savings held for the past 6 months, so can make the financial requirement with that alone.

Would you recommend we include her salary anyway? If we use a combination of category A and savings, and they find it not be '6 months' worth, would they discount the savings as well or just discount the salary portion?

What is the safer option to apply under category A with combined savings, or apply under category D as savings alone?

Thanks for any advice

[Rayking]

"Her salary is just under the financial requirement"
Then it makes sense to use your savings since you've held it for 6 months.
It will be exactly 6 months on 10th of August.so you should be fine.
You have 2 options and you can use either of the 2,the important thing is the fact that you meet the financial requirement.

[SoHopeful]

If you have had the savings for 6 months, it's a lot easier to just apply using that. Saves worrying about payslips, employment letter etc.

[Samigrant]

Thanks for the advice. We already have the payslips and employment letter etc. as we originally planned to use her income + the savings. I only just realized we are 1 day off the '6 months' a couple days ago and started panicking.

I think we will go for just savings. Unless someone can confirm that they will include her salary, as I'm concerned that will discount both if they feel the salary doesn't meet 6 months.

[Samigrant]

Update: I talked to the immigration call center. The guy on the phone said that feb 10 - aug 9 would not count as 6 months and I would need to apply in Cat B. He had to disappear for a while to find out, so don't know whether to take this as fact but to be safe I will go for savings only.

This should really be clearly defined in the documentation, because if you're counting it in days then feb 10 - aug 9 absolutely is 6 months of employment, and aug 9 - aug 10 is 6 months and 1 day. Whilst if you're counting it in hours then 6 months is not until midnight on 9 aug / 10 aug.

[john108]

Is the visa ending on Aug10th? Or I guess it is better you can apply few days later.

[SoHopeful]

My understanding is that is is 6 full calendar months of employment OR 26 weeks if paid weekly.

[Samigrant]

Is the visa ending on Aug10th? Or I guess it is better you can apply few days later.

Unfortunately not, as we are using the premium service and cant change the booking this close to the date. The savings should suffice, but if not we might re-apply by post a few days after.