Spouse visa Cat A or B

[adnan1991]

Hi guys,

I hope you don't mind me jumping straight in with a query.

I am submitting my wife's spouse visa next week and have everything sorted but I am a little confused as to which category I choose under the financial requirements. The relevant section for me is Part 3A but which category, is it A or B? I give a synopsis of my circumstances below to assist:

I was a full time undergraduate until June 2015 and graduated with a 2.1;
Got married in Pakistan, September 2015;
Came back to the UK and started working November 2015. I have been a temporary worker, working 37.5 hours per week at £8.XX an hour until First week of Feb;
From Feb 2016 I am still doing 37.5 hours but at £10.53 a hour.

I now have 6 months worth or pay slips at the £10.53 per hour rate. So which category do I choose. Also must I send my P60 as those calculations are only until April 2016 and show a yearly pay of around £6000 only.

Thank you for your help.

[ILR1980]

You need to ask from you employer about nature of your contract whether you come under salaried employment or non salaried. If you have fixed number of hours or fixed pay then you normally come under salaried employment while if your pay or work hours vary each month then you are normally non salaried. Now if you are with employer for at least 6 months or more then you can apply under CAT A which is more simple than CAT B as you only need to provide last 6 months payslips/earning and they will calculate gross annual salary based on your earning of last 6 months. Remind you pay rise in salaried employment only count if you are getting it for at least 6 months prior to application..

For salaried employment: Take lowest earning of last 6 month and multiply with 12 and that's your gross annual salary

For Non salaried employment: add up last 6 months income and divide by 6 and multiply with 12 and that's your gross annual salary

[adnan1991]

Thanks for the detailed reply ILR1980

I'm Definitely in salaried employment and get paid weekly. When sending my payslips and calculating pay, must I send the payslips from the first of the month or would mid month work?

I ask as I calculated my 6 months pay from the 12 February (this is when I started earning the higher amount of £10.53 an hour). I've put my pay below to show what I mean.

12-Feb £387.00
19-Feb £387.00
26-Feb £387.00
04-Mar £387.00
11-Mar £387.00
18-Mar £387.00
25-Mar £309.00
01-Apr £442.00
08-Apr £387.00
15-Apr £387.00
22-Apr £387.00
29-Apr £394.88
06-May £393.00
13-May £394.88
20-May £393.23
27-May £387.18
03-Jun £314.77
10-Jun £394.88
17-Jun £394.88
24-Jun £394.88
01-Jul £394.88
08-Jul £393.92
15-Jul £394.88
22-Jul £394.88
29-Jul £394.88
05-Aug £394.88
12-Aug £394.88

[Obie]

You are clearly not a salaried employee. You have variable income.

You have to add up you 26 weeks earnings, then divide by 6 and multiply by 12. If your calculation hits 18600 then you are fine and fall under Cat B.

[adnan1991]

Ho Obie,

I get what you mean but I'm on fixed 37.5 hours a week at £10.53/h so would that not be counted as salaried? Though I am not employed on a contractual term etc. The reason for the drop on the 25 March and Increase on the 1 April was due to the company not billing correctly (I also don't get paid for bank holidays).

I have 28 weeks of payslips, if I add up the last 24 weeks (six months), I get £9,306.66. Divided by 6 is £1,551.11 times 12 = £18,613.32

If I do 26 weeks as you suggested then I get £10,080.66. Divided by 6 is £1,680.11 times 12 = £20,161.32

So is the above relevant for category B? Also for Cat B do you not also have to show earnings over the past 12 months from the date of the application? If this is the case, I was a full time student until july 2015 and started working in November only.

I hope you can see why I am a little confused and really do appreciate your help.

[Obie]

You are right in regards to Cat B.

My mistake, I meant to say CAT A variable income, is what you will qualify under. There was lack of coordination between my brain and what i was typing.

It cannot be CAT B, as you correctly pointed out, 12 months payslips will be required for that.

[adnan1991]

Okay, great, thanks for that.

One last question, do I send 24 weeks of pay slips or 26, Or was 26 a typo aswell

[ILR1980]

Thanks for the detailed reply ILR1980

I'm Definitely in salaried employment and get paid weekly. When sending my payslips and calculating pay, must I send the payslips from the first of the month or would mid month work?

I ask as I calculated my 6 months pay from the 12 February (this is when I started earning the higher amount of £10.53 an hour). I've put my pay below to show what I mean.

12-Feb £387.00
19-Feb £387.00
26-Feb £387.00
04-Mar £387.00
11-Mar £387.00
18-Mar £387.00
25-Mar £309.00
01-Apr £442.00
08-Apr £387.00
15-Apr £387.00
22-Apr £387.00
29-Apr £394.88
06-May £393.00
13-May £394.88
20-May £393.23
27-May £387.18
03-Jun £314.77
10-Jun £394.88
17-Jun £394.88
24-Jun £394.88
01-Jul £394.88
08-Jul £393.92
15-Jul £394.88
22-Jul £394.88
29-Jul £394.88
05-Aug £394.88
12-Aug £394.88

You seem to me a salaried employed thats why i said that your employer can only confirm your employment contract. Many people are in slaried employment i.e they work fixed number of hours each month/week but have overtime and bonuses on top of it thats why their income may also vary each months. Calculation formula for bonuses/overtime/commission is same as that of non salaried yes 12 feb to 12 august is fine.

[rukhsarmanzoor]

Thanks for the detailed reply ILR1980

I'm Definitely in salaried employment and get paid weekly. When sending my payslips and calculating pay, must I send the payslips from the first of the month or would mid month work?

I ask as I calculated my 6 months pay from the 12 February (this is when I started earning the higher amount of £10.53 an hour). I've put my pay below to show what I mean.

12-Feb £387.00
19-Feb £387.00
26-Feb £387.00
04-Mar £387.00
11-Mar £387.00
18-Mar £387.00
25-Mar £309.00
01-Apr £442.00
08-Apr £387.00
15-Apr £387.00
22-Apr £387.00
29-Apr £394.88
06-May £393.00
13-May £394.88
20-May £393.23
27-May £387.18
03-Jun £314.77
10-Jun £394.88
17-Jun £394.88
24-Jun £394.88
01-Jul £394.88
08-Jul £393.92
15-Jul £394.88
22-Jul £394.88
29-Jul £394.88
05-Aug £394.88
12-Aug £394.88

Adnan are these net or gross? It's not as simple as taking them and adding them all up then dividing by 12 under salaried employment sadly. They'll take the lowest gross payslip and calculate using that

[Obie]

It is not salaried employment . It is variable non salaried. The figure over 26 weeks is looked at and not just the lowest as in Salaried employment, which is usually monthly in nature.

[rukhsarmanzoor]

It is not salaried employment . It is variable non salaried. The figure over 26 weeks is looked at and not just the lowest as in Salaried employment, which is usually monthly in nature.

If he is paid a fixed hourly rate and works 37.5 hrs per week, dips are because he isn't paid for holidays then I believe this would fall under salaried employment, no?

[Obie]

If you are paid hourly rate, then that is not a salaried employment.

A salaried employment will be , with fixed contract, and an annual gross pay, and the person is paid a fixed amount each month.

If you are getting payed hourly, and weekly, it is more likely than not that you are a non-salaried worker.

OP's circumstances, seem to me to fit, CAT A NON-SALARIED VARIABLE INCOME.

[ILR1980]

It is not salaried employment . It is variable non salaried. The figure over 26 weeks is looked at and not just the lowest as in Salaried employment, which is usually monthly in nature.

Hourly rate don't necessarily mean non salaried when you have to work fixed number of hours per weeks/month ( 37.5 hour ) in his case..

[Obie]

I don't actually concur. But I don't believe our point of contention is material to which category OP falls into, which is category A, and how his gross annual earnings is calculated. Our argument on whether or not he is a salaried worker will have no effect on this.

includes that paid at an hourly or other rate (and the number
and/or pattern of hours required to be worked may vary) or paid an amount which varies
according to the work undertaken. Salaried employment includes that paid at a minimum
fixed rate (usually annual) which is usually subject to a contractual minimum number of
hours to be worked.

Even if i am right or you are right, the bottom line is that the calculation is the same, the sum of earning over 26 weeks, divided by 6 and multiply by 12. So whether it is salaried or not, makes no difference to the method of calculation.

[ILR1980]

It is not salaried employment . It is variable non salaried. The figure over 26 weeks is looked at and not just the lowest as in Salaried employment, which is usually monthly in nature.

If he is paid a fixed hourly rate and works 37.5 hrs per week, dips are because he isn't paid for holidays then I believe this would fall under salaried employment, no?

Yes if his contract say that he need to work 37.5 hours per week then he is salaried employment even if he get paid hourly . Its better for him to confirm this from HR department. Also financial requirement guideline and calculation of gross annual salary in CAT A is based on monthly income so have no clue whether they will take 4 weeks as one month in order to calculate lowest monthly income in case of salaried employment

But if he is non salaried then it will be much easier to make calculation by adding up all weekly wages fall within last 6 months and dividing by 6 and multiplying with 12

[ILR1980]

I don't actually concur. But I don't believe our point of contention is material to which category OP falls into, which is category A, and how his gross annual earnings is calculated. Our argument on whether or not he is a salaried worker will have no effect on this.

includes that paid at an hourly or other rate (and the number
and/or pattern of hours required to be worked may vary) or paid an amount which varies
according to the work undertaken. Salaried employment includes that paid at a minimum
fixed rate (usually annual) which is usually subject to a contractual minimum number of
hours to be worked.

Even if i am right or you are right, the bottom line is that the calculation is the same, the sum of earning over 26 weeks, divided by 6 and multiply by 12. So whether it is salaried or not, makes no difference to the method of calculation.

Calculation of gross annual salary is different for salaried and non salaried under CAT A

For non salaried its adding up all 6 months pay, dividing by 6 and multiply with 12
For salaried employment under CAT A its taking lowest monthly income in last 6 month and dividing it with 12

[Obie]

For salaried. People on salary are not paid by hour, by rather mostly per month, and their pay does not depend on the hour they work. People on hourly rate usually get wages.

UKVI proceed on the basis that people who get paid weekly are non-salaried worker, and that is how there earnings are calculated.

They are not paid on a monthly basis, so you cannot look at a single month.

OP never said he is on a contract. He said he work 37 hours a week, on a temporary job, and gets £10.50 an hour.

He said he works 37 hours are week. That may be the company's policy, but because he works 37 hours don't make him a salaried worker.

There is absolutely no doubt in my mind that OP is a non-Salaried worker.

[ILR1980]

For salaried. People on salary are not paid by hour, by rather mostly per month, and their pay does not depend on the hour they work. People on hourly rate usually get wages.

UKVI proceed on the basis that people who get paid weekly are non-salaried worker, and that is how there earnings are calculated.

They are not paid on a monthly basis, so you cannot look at a single month.

OP never said he is on a contract. He said he work 37 hours a week, on a temporary job, and gets £10.50 an hour.

He said he works 37 hours are week. That may be the company's policy, but because he works 37 hours don't make him a salaried worker.

There is absolutely no doubt in my mind that OP is a non-Salaried worker.

You may be right. I don't know about his work contract that's why I cannot comment on whether he is in salaried or non salaried employment and that's why I asked him to confirm from his employer but if someone have contract which say that you will be paid hourly and has to work some fixed hours at each week or month then that's definitely salaried employment. If someone getting hourly rate but has zero hour contract then he is non salaried as number of hours will vary each week/month

[Kiwelshi]

Obie is correct, if OP was on a salary he would be getting the same amount each month, if he was on a salary of 40,000 as an example OP would get 3,333 a month. Salary takes all bank holidays etc into account and is an annual "salary". Because OP is on a varying wage each month he is a non salaried worker albeit with set working hours (a shift) and an hourly wage - salaried workers don't have an hourly wage.

[ILR1980]

salaried workers don't have an hourly wage.

that's wrong. I was in salaried employment with local council and they gave me pre-written contract which mentioned fixed number of hours to work each month , hourly rate , annual gross income etc . Salaried employee can also work overtime on top of fixed hours/fixed basic pay because of which their pay may vary each month . Also many salaried employed can also get promotion because of which pay could vary

and then I have been with some employers with zero hours contract so my pay/hours were not fixed and I was getting pay according to numbers of hours did in each month

[adnan1991]

This thread expanded from when I last checked in

So I've checked with my employer as suggested by ILR and I am non-salaried. All amounts shown are gross pay, any hows, after calculating (add last 26 weeks / 6 * 12) I meet the threshold. Thank you to ILR1980 and Obie for your valuable assistance. My partner handed in her application today and I will be submitting evidence tomorrow.

Thanks again.

[Obie]

There was never a shadow of doubt in my mind, that you are non-salaried employee. It would have been surprising if your employer had said otherwise. In any event as far as the UKVI was concerned, you are a non-salaried worker, therefore there is nothing your employer could have said to change that.

[SoHopeful]

Although your P60 doesn't reflect your current earnings still include it and add a sticky note to it explaining that.