Unpaid leave and salary calculation

[lainybug]

Looking for some advice please...

If someone started a new job in December - they were on an hourly rate during their probation month, and earned 1700. They were then made salaried in January and their annual gross salary became £20000 (around £1660 a month). But...in May they will only receive around £1330 gross due to taking one week's unpaid leave...

Will they still be able to meet the financial requirements for their partner's spouse visa, or will they have to wait another 6 months to show they've earned over £1550 every month?

Thank you!

[seagul]

Because of becoming a salaried person his lowest wages figure during the last 6 months will be considered which is £1330×12= £15960. Financial requirement won't be met but if either of the partner possess some savings then the shortfall can be covered without waiting for next 6 months. Or if the none-UK partner is legally working in UK then his/her income can be combined too to cover the shortfall.

[Heythereitsme]

I was in a similar situation, I was on salaried income but I took a month of unpaid leave.

My solicitor advised that I wait 6 months before applying.
He also said I could have applied with the unpaid leave as it really depends on whether the case worker applies the rules strictly or not so it depends on whether you want to take the risk

I waited for 6 months and got the visa.

[seagul]

He also said I could have applied with the unpaid leave as it really depends on whether the case worker applies the rules strictly or not so it depends on whether you want to take the risk

It may only work if the monthly income is varying despite being a salaried person e.g by undertaking overtime. In that case the applicant can request to caseworker to calculate his income through none-salaried method because his/her wages is varying. However, if the wages remain identical then it is impossible to claim that.

[Heythereitsme]

He also said I could have applied with the unpaid leave as it really depends on whether the case worker applies the rules strictly or not so it depends on whether you want to take the risk

It may only work if the monthly income is varying despite being a salaried person e.g by undertaking overtime. In that case the applicant can request to caseworker to calculate his income through none-salaried method because his/her wages is varying. However, if the wages remain identical then it is impossible to claim that.

Mine was the same salary each month apart from two months (one being the unpaid leave month) but my solicitor still said I had a 50/50 chance.

I know someone who got a visa despite not earning £18,600 ( her employment letter stated she earned 18600 but if you worked out her earnings using payslips it was only 18000).. it’s all luck

[seagul]

He also said I could have applied with the unpaid leave as it really depends on whether the case worker applies the rules strictly or not so it depends on whether you want to take the risk

It may only work if the monthly income is varying despite being a salaried person e.g by undertaking overtime. In that case the applicant can request to caseworker to calculate his income through none-salaried method because his/her wages is varying. However, if the wages remain identical then it is impossible to claim that.

Mine was the same salary each month apart from two months (one being the unpaid leave month) but my solicitor still said I had a 50/50 chance.

I know someone who got a visa despite not earning £18,600 ( her employment letter stated she earned 18600 but if you worked out her earnings using payslips it was only 18000).. it’s all luck

There is no discretion and mostly no luck gets played if the income is short or the documents doesn't cover complete 6/12 months. Others full & exact circumstances can never be known by others as the said person might have covered by none-salaried route or to his balance in bank statement a sensible caseworker might have considered to cover the shortfall.