Hi I was wondering if anyone had a view on the following. I say that because the rules do not appear to specify, but perhaps someone can say something from case experience.
I know someone who is soon about to make an FLR(M) application and trying to meet the financial requirement under Category B (12 month route - salaried employment). The test for this is two-fold: 1. Being in a position with a gross annual salary at the date of application of at least £18,600 and 2. To have received in the 12 months prior to the date of application accumulated income of at least £18,600.
He can meet 2. OK (his partner has an income that can also be included). He has been offered a 3 month job that is just short of the threshold. However he is certain to be given overtime which should take him above the amount. According to the rules overtime will count towards income i.e. in part 2. but the question is whether it will for part 1. i.e. will the Home Office on seeing his most recent payslip (which includes overtime) calculate his "gross annual salary" from the figure INCLUDING or EXCLUDING overtime. One would satisfy, one wouldn't.
Anyone's thoughts or opinions would be much appreciated.
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