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Spouse visa untaxed overnight go towards 18600?!?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Hellofreckles
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Change to spousal visa sick with worry please please help

Post by Hellofreckles » Mon Feb 18, 2019 1:51 am

Hi all, I’m desperate for some guidance, not being dramatic but I’m so scared I can barely sleep from the stress, at the time the tier 5 was all I was eligible for to be with my long distance boyfriend in uk (I’m australian), we are now engaged and plan on getting married this April. I haven’t worked this whole time as I didn’t need to until now, now I need to for financial reasons, however we just found out that I will need 6 months payslips to combine with his as he earns less than the 18600 required! Stupid as we didn’t check I misunderstood from the gov website! My visa runs out in September 14th this year so as of March 14th it is exactly 6 months till my visa expires! I’ve been desperately applying for jobs I’m capable of doing but yet to get anything yet. We were planning on using my paychecks to save most and pay for the application and an immigration specialist nearer to the expiry to try and fast track but I think it’s cutting it too fine and I don’t think I’ll have the 6 months paychecks, he has been employed at the same place for 12 months so we need to combine.

What do I do? Will I be rejected because I lack 6 months worth of payslips even if I get a job? Even if it’s a month out? Can I try to get a letter from employers confirming ongoing job instead, like would that a tialy make any difference? I’m kind of desperate so trying to rack my brain.

If I secured a job and I somehow sent my application in before the 14th September with 6 months worth of paychecks can I stay in the country while my application is ‘pending’?!

If I have to return home to Australia, how can I get back to him?! We don’t have savings at all and I would be starting from scratch back in oz and have to live with my parents.

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Frontier Mole
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Re: Change to spousal visa sick with worry please please help

Post by Frontier Mole » Mon Feb 18, 2019 2:02 am

You may have a bigger problem to overcome first.... where are you getting married - in the UK?
If you are getting married in the UK you need Home Office approval first.

Hellofreckles
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Re: Change to spousal visa sick with worry please please help

Post by Hellofreckles » Mon Feb 18, 2019 2:04 am

Yes in uk, we already have approval.

Hellofreckles
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Re: Change to spousal visa sick with worry please please help

Post by Hellofreckles » Mon Feb 18, 2019 1:59 pm

anybody???!

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Casa
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Re: Change to spousal visa sick with worry please please help

Post by Casa » Mon Feb 18, 2019 2:02 pm

Without the full 6 months of payslips and the corresponding bank statements, the FLR(M) application will be refused. There is no leeway.

If you are fortunate and you are able to provide 6 months of payslips before you current visa expires, your legal residence will continue while you application is being processed .

If you are unable to meet the minimum income level, you will have to return to Aus and wait until your husband meets the £18,600 p.a earnings.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Hellofreckles
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Re: Change to spousal visa sick with worry please please help

Post by Hellofreckles » Mon Feb 18, 2019 2:03 pm

Frontier Mole wrote:
Mon Feb 18, 2019 2:02 am
You may have a bigger problem to overcome first.... where are you getting married - in the UK?
If you are getting married in the UK you need Home Office approval first.
Yes in the uk, already have approval from HO.

?

Hellofreckles
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Re: Change to spousal visa sick with worry please please help

Post by Hellofreckles » Mon Feb 18, 2019 2:30 pm

Casa wrote:
Mon Feb 18, 2019 2:02 pm
Without the full 6 months of payslips and the corresponding bank statements, the FLR(M) application will be refused. There is no leeway.

If you are fortunate and you are able to provide 6 months of payslips before you current visa expires, your legal residence will continue while you application is being processed .

If you are unable to meet the minimum income level, you will have to return to Aus and wait until your husband meets the £18,600 p.a earnings.

Thank you for replying!

If my fiancé got a second job to make up the difference (he’s only £1000 short) would he still need 6 months of proof for that second job?

Hellofreckles
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Spouse visa untaxed overnight go towards 18600?!?

Post by Hellofreckles » Mon Feb 18, 2019 4:23 pm

I’ve posted before here —

uk-tier-5-temporary-work-visas/change-t ... 74910.html

My fiancé is 2 team furniture delivery worker and earns a little over 17000 p.a - just over 1500 a month, his job is 4 on and 4 off, he travels outside of where we live (so, it’s a requirement for his job to stay out over the 4 days when delivering furniture and he’s done this since getting the job over a year ago) as a result he earns extra untaxed overnight allowances that would bring it up to the required amount.

Can these allowances be included to bring it up to 18600?
If so how do we prove he meets the target? Is there a method to calculate it?

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CR001
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by CR001 » Mon Feb 18, 2019 4:29 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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seagul
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by seagul » Mon Feb 18, 2019 5:28 pm

Hellofreckles wrote:
Mon Feb 18, 2019 4:23 pm
I’ve posted before here —

uk-tier-5-temporary-work-visas/change-t ... 74910.html

My fiancé is 2 team furniture delivery worker and earns a little over 17000 p.a - just over 1500 a month, his job is 4 on and 4 off, he travels outside of where we live (so, it’s a requirement for his job to stay out over the 4 days when delivering furniture and he’s done this since getting the job over a year ago) as a result he earns extra untaxed overnight allowances that would bring it up to the required amount.

Can these allowances be included to bring it up to 18600?
If so how do we prove he meets the target? Is there a method to calculate it?
Not sure what you mean from untaxed allowance. If its overtime apart of basic regular wages then it should be taxed too. In my opinion the easiest opinion will be if you can secure a job before 14th March then before your visa will expire you will have your 6 months of payslips which you can combine with your partner income.
And aren't your partner doing any overtime on same job where he has been earning £17000 pa
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Hellofreckles
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by Hellofreckles » Mon Feb 18, 2019 5:36 pm

[/quote]

Not sure what you mean from untaxed allowance. If its overtime apart of basic regular wages then it should be taxed too. In my opinion the easiest opinion will be if you can secure a job before 14th March then before your visa will expire you will have your 6 months of payslips which you can combine with your partner income.
And aren't your partner doing any overtime on same job where he has been earning £17000 pa
[/quote]

He gets his usual rate each month which is just over 17k, just under 1550 a month.
But, as he’s away on the road for 4 days/nights the company gives him £200-£300 extra a month for sleeping away in the truck and food allowance and it’s non taxable, it’s part of his employment to be out and to receive this non taxed bonus each month.

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seagul
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by seagul » Mon Feb 18, 2019 6:35 pm

Hellofreckles wrote:
Mon Feb 18, 2019 5:36 pm
Not sure what you mean from untaxed allowance. If its overtime apart of basic regular wages then it should be taxed too. In my opinion the easiest opinion will be if you can secure a job before 14th March then before your visa will expire you will have your 6 months of payslips which you can combine with your partner income.
And aren't your partner doing any overtime on same job where he has been earning £17000 pa
[/quote]

He gets his usual rate each month which is just over 17k, just under 1550 a month.
But, as he’s away on the road for 4 days/nights the company gives him £200-£300 extra a month for sleeping away in the truck and food allowance and it’s non taxable, it’s part of his employment to be out and to receive this non taxed bonus each month.
[/quote]

Doesn't that allowance appears within same payslip along with basic payslip? If so then does it make the whole wages to at least £18600?
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Hellofreckles
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by Hellofreckles » Mon Feb 18, 2019 6:46 pm

Yeah it’s included on the payslip.

His gross income each month before deductions tax/pension/etc and with the bonus put him at 1700-1800 a month, it would add up to 20+k a year when you include the bonus he receives and without all the tax etc. Does that make sense? After all the deductions it’s like a few bucks over £1500 a month and I’ve read it needs to be 1550?!

I can take a photo of his wage slip if that helps, it’s just so confusing and I don’t really understand I think I’ve just worked myself into a flurry. Thank you for taking the time with me.

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seagul
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by seagul » Mon Feb 18, 2019 6:49 pm

Hellofreckles wrote:
Mon Feb 18, 2019 6:46 pm
Yeah it’s included on the payslip.

His gross income each month before deductions tax/pension/etc and with the bonus put him at 1700-1800 a month, it would add up to 20+k a year when you include the bonus he receives and without all the tax etc. Does that make sense? After all the deductions it’s like a few bucks over £1500 a month and I’ve read it needs to be 1550?!

I can take a photo of his wage slip if that helps, it’s just so confusing and I don’t really understand I think I’ve just worked myself into a flurry. Thank you for taking the time with me.
I think you maybe confused with the net amount and gross amount (before any tax/other deduction). For visa purpose the gross wages matters not net wages. I think he meets the financial requirement through his gross wages but you mistakenly looking at net wages.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Hellofreckles
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by Hellofreckles » Mon Feb 18, 2019 7:06 pm

Omg are you serious!!?!! Like really? So It’s the total gross per month not the net that is required?! Cause for the last 6 months each gross amount is over 1700. Which I saw if you calculate 6 months wage slips then divide by 6 then multiple by 12 is that correct?

Could you please look at his wage slip and tell me if it’s right?

https://ibb.co/2Y8kz5c

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seagul
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by seagul » Mon Feb 18, 2019 7:10 pm

Hellofreckles wrote:
Mon Feb 18, 2019 7:06 pm
Omg are you serious!!?!! Like really? So It’s the total gross per month not the net that is required?! Cause for the last 6 months each gross amount is over 1700. Which I saw if you calculate 6 months wage slips then divide by 6 then multiple by 12 is that correct?

Could you please look at his wage slip and tell me if it’s right?

https://ibb.co/2Y8kz5c
You should be fine with that income. Just keep it up.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Hellofreckles
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by Hellofreckles » Mon Feb 18, 2019 7:15 pm

Omg I can’t thank you enough for taking the time with me, I thought it was his take home pay. I’ve been an absolute wreck thinking we didn’t have the required amount and me trying so desperately to get a job for the payslips. Thank you so so so much.

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Frontier Mole
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Re: Spouse visa untaxed overnight go towards 18600?!?

Post by Frontier Mole » Mon Feb 18, 2019 11:31 pm

Time to buy new hats people 👍

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