6 payslips or 6 months employment for spouse visa

[taffet87]

A British national friend of mine recently got married and will be applying for his spouse visa for his wife later this year.

He has been unemployed for the last year but is starting a new job at a big firm from 17 June which will be paying more than 3x £18,600.

His first payslip will be the end of June for part of the month and then he will get the full monthly salary in the next 5 payslips.

So the question is can he apply using 6 payslips until end of November even though this means he would have been employed for 5.5 months only at that point. I understand that only the lowest pay will be used from this time so the first month for the £18,600 calculation but this will be me even with the partial pay in the first month.

1. Can he apply end of November using payslips from June (partial month) to November even though he has only been officially employed for 5.5 months at that point?

Or

2. Can he only apply after 17 December so he has been employed for 6 full months using payslips from June (partial month) to November

3. Or Can he only apply after the end of December using the full payslips from July to December?

[taffet87]

After a bit more research, I understand if you are employed for less than 6 months you can use category B and under this method, you can apply with less than 6 payslips...

The questions I had above were for the category A

my friend will have earned more than £18,600 by end of October so a new question:

4. Can he apply end of October 2019 using 5 payslips from June (partial month) to end of October which show that he earnt more than £18,600 in those 5 months alone

[CR001]

He needs 6 months payslips and corresponding bank statements as a minimum. This is mandatory. Submitting less will result in a refusal.

[taffet87]

I am pretty sure there is even a whole category for this specific type and the heading even says under 6 months - so are you sure about this?

Under category B, 5.3 the guidance says

"5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK

5.3.1. This category can be used where the applicant’s partner (and/or the applicant if they are
in the UK with permission to work) is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under Category A.

5.3.3. Under Category B, the financial requirement must be met and evidenced in two parts.
5.3.4. First, where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer, or earning the amount relied upon, for less than the last 6 months, they can count the gross annual salary at the date of application towards the financial requirement. There is no required minimum period for this current employment, provided that the requirements for specified evidence under paragraph 2 of Appendix FM-SE can be met in respect of it.

5.3.7. The only difference in Category B between salaried and non-salaried employment is how gross annual salary or employment income at the date of application is calculated:
Where the person is in salaried employment – the level of gross annual salary will be as at the date of application. This must be evidenced by the latest payslip or the signed contract of employment (if a payslip does not provide this information).

5.3.9. Second, the person must, in addition, have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:
• The gross amount of salaried or non-salaried employment income of the applicant’s partner (in the UK or overseas) and/or the applicant (if they are in the UK with permission to work);

[taffet87]

Even if you look at Appendix FM-SE -- it does not say 6 payslips is mandaotry if you have only been employed for under 6 months..

"2. In respect of salaried employment in the UK (except where paragraph 9 applies1), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed
by their current employer for at least 6 months (and where paragraph 13(b) of this
Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person."

Under 2a(i) - he will only have been employed for 5 months so 5 pay slips

Under 2a(ii) he would not have any previous employment so no extra payslips..


his income in 5 months will be more than £18,600

[seagul]

What is your question since you already have studied the guidance and try to understanding it?

[CR001]

What is your question since you already have studied the guidance and try to understanding it?

The OP is asking if they can apply with 5 months payslips and bank statements.

[seagul]

Answer will be better to wait until 6 months in employment with present employer.

[taffet87]

Answer will be better to wait until 6 months in employment with present employer.

Agree with better as more normal under category A but it does look like to me that the rules do allow for applying after fewer months using fewer payslips (than 6) if the criteria are met: (a) having employment at date of application above the threshold of £18,600; and (b) having literally earned more than £18,600 in the 12 months to the application date.

I was initially asking if it's possible and after doing some research I think it is -- of course happy to stand corrected by the senior members

[shukri]

What was the conclusion on this and how did you submit it OP?

[seagul]

Answer will be better to wait until 6 months in employment with present employer.

look like to me that the rules do allow for applying after fewer months using fewer payslips (than 6) if the criteria are met: (a) having employment at date of application above the threshold of £18,600; and (b) having literally earned more than £18,600 in the 12 months to the application date.

Your understanding is partially correct but unfortunately if caseworker wont find 12 months of payslips under category B or 6 months of payslips under category A then he will definitely refuse the application despite someone earning more than £18600.

[Graham501]

I am in the same boat. I have my main employment and self employed part time work for another employer. Using both to show my income would I be required to provide 6 months or 12 months payslips? Also self employed is cash payments but I have invoices each week for this method of income.

[seagul]

I am in the same boat. I have my main employment and self employed part time work for another employer. Using both to show my income would I be required to provide 6 months or 12 months payslips? Also self employed is cash payments but I have invoices each week for this method of income.

If you are earning sufficiently from main employment then do not mix it up with self employment.

[Graham501]

I am in the same boat. I have my main employment and self employed part time work for another employer. Using both to show my income would I be required to provide 6 months or 12 months payslips? Also self employed is cash payments but I have invoices each week for this method of income.

If you are earning sufficiently from main employment then do not mix it up with self employment.

The 2 combined takes me over the threshold me the employment alone doesn't take me over the threshold for my wife and stepdaughter.

[Graham501]

So? Is it 6 months or 12 months for payslips when combining?

[seagul]

So? Is it 6 months or 12 months for payslips when combining?

Self employment requires an extensive range of documents unlike to paye job where 6 or 12 months of payslips are needed. Regarding self employment you can read the following guidance page 58-65

https://assets.publishing.service.gov.u ... -ext_1.pdf


Preferably dont try to combine self employment rather start doing overtime at your present pay job.

[Graham501]

So? Is it 6 months or 12 months for payslips when combining?

Self employment requires an extensive range of documents unlike to paye job where 6 or 12 months of payslips are needed. Regarding self employment you can read the following guidance page 58-65

https://assets.publishing.service.gov.u ... -ext_1.pdf


Preferably dont try to combine self employment rather start doing overtime at your present pay job.

Perhaps I am missing something 8 have read what you recommended, and the relevant appendix it links to. And to me it looks like I only need to show the last full financial year of self employed invoices, and self assessment tax return, bank statement and employed wages? If that is the case then I will wait until the end of the tax year and apply? Thank you for your help and sorry if I'm missing something blindingly obvious. We have been together 6 years, married for coming up 2 years and have a 4 year old daughter and 12 year old step daughter it is just horrible being separate barring a few 1 visits throughout the year. P.s overtime isn't possible at my job which is why I took on the additional self employment.

[Graham501]

Following on from this I have started looking for employed weekend work to compliment my main full time job.

[seagul]

Following on from this I have started looking for employed weekend work to compliment my main full time job.

Good but if you will start working with another employer than you will have to apply under category B for which you must have earned at least £18600 (from all jobs) during the last 12 months and also you should have earned at least £9300 during the last 6 months (from all jobs) till the date of application. But if you start working overtime as advised earlier for same employer then you can easily apply under category A.