CONFUSED Salaried Cat A. please Help

[shah2608]

Hi Everyone,

I have been on this board for a long time and it has helped me alot in understanding the complex immigration matters and also enabled me to help others who are in same dilemma time to time. And for this i THANK YOU all

I have couple of queries regarding my case.

I am working as a Manager on salaried basis earning 25000 per year and been with same employer since July 2015. I want to apply for spouse visa for my wife and 2 kids. Now i understand that i need to show gross income of 24800 for wife and 2 kids which i qualify but my queries are:

1) My salary initially was 24000 and got increased to 25000 in August 2016. so that would show 5 months payslip (august 2016 till december 2016) of gross salary of 25000 but 1 payslip of 24000 (july 2016). As an average it comes up to 24833. is my calculation correct? I read somewhere about taking into account lowest income, could you please clarify as i simply dont understand HO calculations criteria for CAT A salaried. should i wait till january 2017 to get my 6 month payslips showing 25000 gross?

Thanks once again for your help.

Best regards

[archie_virgoian]

sorry bud, wish i could help you but not really familiar with spouse rules but i have given it a read and you are right, dont know why HO takes the lowest income and whats the criteria. but i know there are alot of learned and helpful members here who will clarify it for u and us

[MobeenSaeed]

Hi Everyone,

I have been on this board for a long time and it has helped me alot in understanding the complex immigration matters and also enabled me to help others who are in same dilemma time to time. And for this i THANK YOU all

I have couple of queries regarding my case.

I am working as a Manager on salaried basis earning 25000 per year and been with same employer since July 2015. I want to apply for spouse visa for my wife and 2 kids. Now i understand that i need to show gross income of 24800 for wife and 2 kids which i qualify but my queries are:

1) My salary initially was 24000 and got increased to 25000 in August 2016. so that would show 5 months payslip (august 2016 till december 2016) of gross salary of 25000 but 1 payslip of 24000 (july 2016). As an average it comes up to 24833. is my calculation correct? I read somewhere about taking into account lowest income, could you please clarify as i simply dont understand HO calculations criteria for CAT A salaried. should i wait till january 2017 to get my 6 month payslips showing 25000 gross?

Thanks once again for your help.

Best regards

An excerpt, on page 19, from the official Home Office PDF in regards to meeting financial documents should help clear this up:

"Where the person is in salaried employment they must have been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in the application. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period."

https://www.gov.uk/government/uploads/s ... rement.pdf

So, yes, you should wait!

[shah2608]

An excerpt, on page 19, from the official Home Office PDF in regards to meeting financial documents should help clear this up:

"Where the person is in salaried employment they must have been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in the application. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period."

https://www.gov.uk/government/uploads/s ... rement.pdf

So, yes, you should wait![/quote]


Thnaks Mobeen for your reply. Much appreciated .
Its so frustrating that HO, when it comes to bank statements, asks for most recent ones and when it comes to payslips, HO takes the lowest amount in 6 months. Completely illogical and seems like they are looking for excuses to make it difficult with their absurd idiotic rules.

[shah2608]

If you are now able to meet the requirement for FLR(M), that's the category you'll be applying for.

https://www.gov.uk/remain-in-uk-family/apply

https://www.gov.uk/government/publicati ... -form-flrm

The NHS Surcharge of £500 each is payable for your wife and children, regardless of whether you hold British citizenship. There's no exemption.

Do you earn £24,800 per annum and have evidence of the income over the last 6 month period?

Casa im in same situation like Nav and applying for my wife and 2 daughters as my dependant. I am on ILR 10 years long residence. Im on 25K salary and have 6 months payslip but i just came across post by Amber regarding calculating adequate maintenance A – B ≥ C. Im confused now, I am on 25K fulfilling the requirement but if i take my net pay and minus rent and council tax, it does not come up to 1153.10 per month as mentioned by Amber in her post. Im confused now, is on 25K enough or should i worry about adequate maintenance formula A – B ≥ C too now? Living in london and higher rents and council tax, what are my options now please? I thought 25K salary is what you need and now this A – B ≥ C thing came up too. It seems like to me HO is just coming up with excuses to make it difficult for families to unite. Could you guide me if there is any way please casa?

regards

[vinny]

Merged.

[seagul]

why don't you simply wait one more month and obtain one more payslip with the gross salary of £25000 to keep things easier for yourself and caseworker.

[noajthan]

Use gross salary.

http://www.immigrationboards.com/immigr ... l#p1011273

HO clearly takes the rainy day (worst case) scenario rather than sunny day (simply hoping for the best).
Not a bad approach when it comes to keeping one's head above water.

[shah2608]

why don't you simply wait one more month and obtain one more payslip with the gross salary of £25000 to keep things easier for yourself and caseworker.

Thnaks Seagul. Thats what i am planning to do now and wait for 1 month to get my payslip for 6 months but i just came across post by Amber regarding calculating adequate maintenance A – B ≥ C. Im confused now, I am on 25K fulfilling the requirement but if i take my net pay and minus rent and council tax, it does not come up to 1153.10 per month as mentioned by Amber in her post. Is on 25K enough or should i worry about adequate maintenance formula A – B ≥ C too now? Living in london and higher rents and council tax, what are my options now please? I thought 25K salary is what you need and now this A – B ≥ C thing came up too. It seems like to me HO is just coming up with excuses to make it difficult for families to unite. Could you guide me if there is any way please?

regards

[shah2608]

Use gross salary.

http://www.immigrationboards.com/immigr ... l#p1011273

HO clearly takes the rainy day (worst case) scenario rather than sunny day (simply hoping for the best).
Not a bad approach when it comes to keeping one's head above water.

Thanks Noajthan. In amber post it says we have to use Net Salary after deducting tax and NI. If i use gross salary, wont that be a problem and wont that go against the adequate maintenance rule?

regards.

[seagul]

Don't be confused. If you are earning verifiable £25000 with bonafide employer then you should not worry about meeting financial threshold. Just ignore the expenses confusion which is irrelevant when meeting financial requirement through Category A/B

[shah2608]

Don't be confused. If you are earning verifiable £25000 with bonafide employer then you should not worry about meeting financial threshold. Just ignore the expenses confusion which is irrelevant when meeting financial requirement through Category A/B

Thanks very much seagul for your advise. I am much relieved now .

[noajthan]

...

Thanks Noajthan. In amber post it says we have to use Net Salary after deducting tax and NI. If i use gross salary, wont that be a problem and wont that go against the adequate maintenance rule?

regards.

You have clearly misunderstood esteemed member Amber's post which does not appear to apply to you.
Unclear why you brought it up.