New Spouse Visa Rules.... more questions.

[pauldm21]

Folks, please help put my mind at rest on this one.

We are so close to submitting my wife's visa application and I think these new rules could be coming in at just the wrong time!

My wife is sitting her English test in Cusco on Saturday (23/06/12) and the test centre have said the result will be available online 2 weeks after the test date. This is likely to leave us about 2 days to make an appointment and get to the embassy in Lima!! I cannot understand why it takes so long to issue the result.... its not like there are hundreds of people sitting the test every day! Tests take place once every few months in Cusco! Its so frustrating as she could have gone to Lima 2 or 3 weeks ago and sat the test but we opted to wait for the one in Cusco as its closer and easier for her to get to. There's simply not enough time to get the test results, make an appointment at the embassy and get to Lima!

Another issue is the change to maintenance requirement. I earn a basic salary of £17,800 plus commission which varies month to month. It takes my annual salary to somewhere between £21,00 and £24,000 but it is related to the fiscal performance of the company. I have wage-slips to show what I take home after commission and a P60 showing earnings of £20,096 for the last tax year. The previous tax year (2010-2011), I took home £23.450. Am I still eligible to act as a sponsor for my wife under the new rules??? I am worried they won't take commission into account as it is not really guaranteed??

Also, I have written our application based on the current requirements. I have referred to the requirement of £105 per couple per week after deductions and used my wage-slips, bank statements etc to prove that I meet the requirement based on this. Will I have to re-write my part of the application based on the new requirements (thats if I am still eligible to act as a sponsor?).

I hate to ask, but are there any other changes which will affect my application?? I have read something about a change on how they look at evidence of the relationship being pre-existing??

This is getting too much for us, we have gone through 4 periods of 6-9 months living apart, massive financial sacrifices and 3 days after our wedding my mum passed away so I had to abandon our honeymoon plans and fly home to the UK, again at great cost to myself. Not looking for anything sympathy.... I just felt conveying how frustrated and disillusioned I am with this whole process. Anyway, thanks in advance for any advice/help!

[MPH80]

Hi Paul,

I suggest you read the statement of intent: http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

Assuming you've been with your employer for more than 6 months - they will assess your income as being the lowest level it's been at for the last 6 months (para 141)

They also confirm commission can be counted as earnings (para 163)

So if your pay hasn't dropped below (annualised) £18,600 over the last 6 months with commission - that's fine.

M.

[pauldm21]

Hi M,

thanks for the response. That is one long statement of intent from them!

Still feel like I'm in a bit of a grey area. In only one of the last 6 months, I did not make any commission so my gross pay that month was £1483.34.

I don't understand why in paragraph 142 they take the annual income from a pension.... but from an employer they take the lowest point in the previous 6 months?
142. gross annual income received by the sponsor or the applicant from any State (UK or foreign) or private pension.

If they look at my annual gross salary, I'm fine however because there has been one month in the last 6 months where I haven't earned commission, i'm not eligible to act as the sponsor?? Am I getting this right?

The one month where I didn't earn commission was in May. If I use 6 months wage-slips going back from April i clearly meet the requirement. Even using lowest paid month, I'm at about £19400 and average over the 6 months is £21,890. if the application is made at the start of July, how recent do they require wage-slips and bank statements to be? I had this application ready to submit, but a death in the family has delayed things at both ends. If we apply on the 6th of July, would they accept supporting documents up to April for example? I never receive confirmation of my salary until the end of the following month. For example June's earnings are paid and i receive a wage-slip for them at the end of July. Can I submit wage-wlips for the 6 month period Novemer 2011 - April 2012??

Also, regarding the application date, I understand that any application made before the 9th of July is subject to the current rules. All I am waiting on is my wife's english test results and the test centre have indicated the result will be sent by email 13 days after the test. This takes us to the 6th of July.... can we make the application online at that stage. We wont have the test certificate, but i will know at that stage that we are eligible to apply. I would then send my wife all of the supporting documents and we would book the appointment to submit the application in person around the end of July?

[Greenie]

as long as you submit an online application form and pay the fee by 8th July your application will be considered according to the current rules.

[MPH80]

I don't understand why in paragraph 142 they take the annual income from a pension.... but from an employer they take the lowest point in the previous 6 months?
142. gross annual income received by the sponsor or the applicant from any State (UK or foreign) or private pension.

Probably because they are trying to stop family employed people being given temporary wage rises to push them over the limit. If the rise has been in place for 6 months - they'll take it.

Pensions - on the other hand - are more constant. The state pension doesn't change month on month - and once you've bought your annuity - that's it.

Can I submit wage-wlips for the 6 month period Novemer 2011 - April 2012??

If I was an ECO - I might let June slide, but May would probably be questionable to me.

edit: removed incorrect advice following spotting Greenie's post.

[pauldm21]

MPH80,

"If I was an ECO - I might let June slide, but May would probably be questionable to me"

Is there anything anywhere to say exactly how recent the supporting documents must be?? In which case why would excluding May be questionable? I could include 24 months of wage-slips for them showing that I meet the financial requirement..... but if I have to include my wage slip from May then I won't meet the requirement.

The reason I made no commission in May was that I spent the month of April in Peru marrying my wife. i was on annual leave. I earn on average £350-£450 commission per month which takes my annual salary from £17,800 to £22,000 approx. and therefore, based on my annual salary, i clearly meet the requirement. I take one month off work to go to Peru to marry my wife allowing us to apply for this visa..... I obviously earn no commission during this month and now this means we can't apply for the visa?! Will they not consider that I made less that month because I was in Peru getting married? Or even consider my previous 12 months wage-slips?

This seems utterly ridiculous to me! I am at a total loss here. We have jumped through every hoop the ukba have held up. I would simply give up and go and live with my wife in Peru but can't leave my father who is trying to deal with the sudden death of my mother.

[geriatrix]

Greenie,

could you consider and shed some light on my specific situation.....

- I earn a basic salary of £17,800.
- After commission I earn £21,000 - £23,000 per annum.
- I can demonstrate this with bank statements, wage-slips or P60's for the last 3 years.
- In April 2012, I went to Peru to get married. I took the whole month off work so earned zero commission that month. My earnings were £1483.34 (£17,800 / 12)
- I now want to demonstrate that I meet the £18,600 requirement. My wife will be applying at the start of July but possibly after the 9th as she may not get her English test certificate in time.
- on a 12 month basis I meet the requirement and can prove that. If they use my last 6 months and take the average, i meet the requirement and can prove that. It is one month in the last 20 months since I have earnt zero commission on top of my salary.
- If applying in July, would it be acceptable to exclude my pay-slip dated 31/05/2012 (this relates to to pay period 01/04/2012)??? I could include 6 wage slips from November 2011 - April 2012? Would it be a problem leaving out May and June?
-Alternatively, would they be likely to consider that I did not work in the month of April (I was on annual leave, getting married in Peru!)?? This is the reason I did not earn commission and the reason I have become ineligible to act as my wife's sponsor under the new rules?

Thanks!

[geriatrix]

Hi Casa,

Apologies. I was referring to my own situation.... there appears to be a bit of a grey area in the new policy whereby despite my gross annual income being in the region of £21,000 - £23,000, I am not eligible to act as a sponsor in my wife's visa application. This is due to the way they calculate the earnings. The policy seems to be that gross annual earnings must be £18,600, however they then state that they will calculate your annual earnings by looking at your lowest wage in the last 6 months. This means they are looking for any month's where the gross pay is less than £1550. In April, I took almost a full a full months annual leave to go to Peru and get married. As I was not actually working that month, I did not earn any commission and reverted to my basic salary (£17,800) which works out out £1483.34 monthly. This is the only month for the last 20 months where I have not earned commission and been below the £1550 threshhold. Over the last 2 - 3 years I have averaged £1750 per month to £2175 per month, or £21,000 - £23,000 annually.

Am I getting this right? I meet the new requirement because I earn over £18,600 annually... But at the same time, I don't meet the requirment because I have had one month in the last 6 where I have earned marginally below £1550.

it is beyond ironic that the month I go to Peru and marry my wife and begin a life together, is the same month that prevents me from acting as the sponsor and ruins our plans!

page 19-h
http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

h. In respect of paid employment, where the sponsor is in the UK, they must be in
that employment (at the required salary level) at the point of application and either
have been so continuously for at least the previous six months (at a salary
throughout at the level required) or have earned the required amount through
salaried employment in the 12 months prior to the application. The same applies to
counting the applicant’s earnings from paid employment where or once they are in
the UK with permission to work.

so if ur last 12 payslips meet 18600..ur good to go......

[Shazz82]

Hey Guys,

I have a bit of a situation that I need some help in.

I am a British citizen and have been living in Canada with my Canadian wife for about five years. We have decided to move back to the UK some time this year. But with the new requirements they have made it very difficult.

I have been offered a job with my old company in the UK. The salary is 15000 pounds plus commission. In Canada i was making around 38,000 dollars, which is around 21000 pounds.

I just need to know if I will be eligible to sponsor my wife and should be apply from here or should i move to the UK without my wife and work for 6 months first.

Any help would be amazing.

Thanks

[maidy]

5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK
5.2.1. Where the applicant’s partner is returning with the applicant to the UK to work, they must meet two requirements to rely on Category A:
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 First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. They must have been paid throughout that period of 6 months at a level of gross annual salary or income which equals or exceeds the level relied upon in the application. Their gross annual salary or employment income can be combined with any or all of the sources at section 5.1.6. in order to meet the financial requirement. So, again, income under Category A can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension if necessary to meet the financial requirement.
As with employment in the UK, gross income from non-salaried employment held throughout the 6 month period will be calculated on the basis set out in section 5.1.4.).
 Second, the applicant’s partner must also have a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary (or in-non salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.1.4. (Category C: non-employment income, Category D: cash savings and Category E: pension).