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Spouse Visa UK- stick on financial requirements not being met through basic income

Post by Bighouse2020 » Fri Oct 04, 2019 7:58 pm

Hello,

I am helping my brother with a spousal visa UK application for his wife who is in Pakistan. He is a British citizen living and working in the uk. I am currently drafting the application for his wife, him being the sponsor.

Please note that she has passed the relevant TB and English test. The relationship is genuine.

The issue I am stuck with is the financial Information: he started his new job in January of this year and earns a basic salary of £16,850 with a bonus each month that averages out ( from January - September inclusive) to circa £ 300 a month which means that the average gross salary would be about £19k plus.

He has cash savings of £21k held for 5 months.

My problem/question is do we say he meets the financial requirement of £18500. Do we highlight the bonus payment on the payslips, do the maths explain it all. The employers letter unfortunately only states the basic pay is £16850, they won’t include the bonus information in the letter.

Or do we say he doesn’t meet the requirement and that we will also rely on the saving element - the savings are in premium bonds so will it count they’ve been held as bonds for 5 months, cash as 1.

It’s not complicated but the visa online form when I selected doesn’t meet requirement asked to supply 12 months payslips.

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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by seagul » Fri Oct 04, 2019 8:23 pm

Bighouse2020 wrote:
Fri Oct 04, 2019 7:58 pm


He has cash savings of £21k held for 5 months.
It need to be held for at least 6 months
Bighouse2020 wrote:
Fri Oct 04, 2019 7:58 pm
My problem/question is do we say he meets the financial requirement of £18500.
It should be £18600 instead £18500
Bighouse2020 wrote:
Fri Oct 04, 2019 7:58 pm
Do we highlight the bonus payment on the payslips, do the maths explain it all.
They always appears on payslips along with basic pay
Bighouse2020 wrote:
Fri Oct 04, 2019 7:58 pm
The employers letter unfortunately only states the basic pay is £16850, they won’t include the bonus information in the letter.
It should include
Bighouse2020 wrote:
Fri Oct 04, 2019 7:58 pm
Or do we say he doesn’t meet the requirement and that we will also rely on the saving element - the savings are in premium bonds so will it count they’ve been held as bonds for 5 months, cash as 1.
Preferably use the bonuses for a straightforward case.
Bighouse2020 wrote:
Fri Oct 04, 2019 7:58 pm
It’s not complicated but the visa online form when I selected doesn’t meet requirement asked to supply 12 months payslips.
With your bonuses you can meet the financial requirement and if you are working for same employer from 6 months then just attach 6 months of payslips with bank statements.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by Bighouse2020 » Fri Oct 04, 2019 8:34 pm

Thank you. Do should we say we meet requirements even though employers letter only states the basic. Do you think a page explanation of all bonus would be helpful 😤

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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by CR001 » Fri Oct 04, 2019 8:34 pm

The employer letter must state ALL income to meet the financial requirement.
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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by seagul » Fri Oct 04, 2019 8:43 pm

Bighouse2020 wrote:
Fri Oct 04, 2019 8:34 pm
Thank you. Do should we say we meet requirements even though employers letter only states the basic. Do you think a page explanation of all bonus would be helpful 😤
If employer letter doesnt say about bonuses then caseworker might simply look on the basic wages without looking further into payslips and refuse the applicaiton. You can use your bonds for cash savings purpose for meeting the shortfall (without bonuses) but for this following criteria need to be met.
Under paragraph 11A(c) funds held as cash savings by the applicant, their partner or both
jointly at the date of application can have been transferred from investments (including
funds liquidated from a pension pot), stocks, shares, bonds or trust funds within the
period of 6 months prior to the date of application, provided that:
(i) The funds have been in the ownership and under the control of the applicant, their
partner or both jointly for at least the period of 6 months prior to the date of application[/quote
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by Bighouse2020 » Fri Oct 04, 2019 8:44 pm

Thank you, I thought as much. The employers xxxx are just not budging on this 😕

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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by Bighouse2020 » Fri Oct 04, 2019 8:53 pm

Sorry it’s late and I’m drained by this immigration stuff does the requirements mean you have to have had the bonds cashed for 6 months or held for 5 months as bonds then cashed in month 6- this is what I’m interpreting that as

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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by seagul » Fri Oct 04, 2019 9:07 pm

Bighouse2020 wrote:
Fri Oct 04, 2019 8:53 pm
Sorry it’s late and I’m drained by this immigration stuff does the requirements mean you have to have had the bonds cashed for 6 months or held for 5 months as bonds then cashed in month 6- this is what I’m interpreting that as
Yes they should have been cashed but you dont need to wait another 6 months rather you will have to prove its ownership during the last 6 months from the date of application. In my view that route involve quite huge complication than requesting your employer to add bonuses in employer letter. Tell your employer that he is not guaranteeing for any bonuse rather he can even simply give the total/average figure of your bonuses of previous months until the date of application.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by Bighouse2020 » Fri Oct 04, 2019 9:10 pm

Thank you, yes will try again with the employer

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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by Bighouse2020 » Sat Oct 05, 2019 8:02 am

After reading the FM 1.7 Financial Requirement document in depth I have realised ( rightly I hope) that in this application we can rely on non salaried income above threshold by working out a 6 month average and multiplying that by 12, that fits in with category A.

However when filling the application form online under finance if you select ‘not earning same amount continuously, above the financial requirement’ it asks you to select the option that you will provide pay slips for the previous 12 months. However the rules require that all payslips covering any period of salaried employment current and previous for 12 months prior to date of application.

What happens if the job started 10 months ago and previous to that was a period of unemployment because of redundancy.

Is it better in these circumstances to state non salaried income and threshold is not met ( even though it is) and rely on cash savings too.

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Re: Spouse Visa UK- stick on financial requirements not being met through basic income

Post by seagul » Sat Oct 05, 2019 8:10 pm

Bighouse2020 wrote:
Sat Oct 05, 2019 8:02 am
After reading the FM 1.7 Financial Requirement document in depth I have realised ( rightly I hope) that in this application we can rely on non salaried income above threshold by working out a 6 month average and multiplying that by 12, that fits in with category A.
Bighouse2020 wrote:
Fri Oct 04, 2019 7:58 pm
he started his new job in January of this year and earns a basic salary of £16,850
His basic salary will still calculated under salaried person approach. Also bonuses will still need to be mentioned in employer letter.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Financial Requirement Category

Post by Bighouse2020 » Wed Oct 30, 2019 8:43 am

I am assisting my brother with his wife’s visa application to the UK from Pakistan. I’m stuck on the financial category- he earns above the threshold requirement however he has a base salary and then a bonus each month based upon targets, the bonus is variable.

So for the application purposes he doesn’t earn a continuous amount but above the threshold. When I select that category he is asked to supply 12 month payslips but he started his job 10 months ago and previous to that he was on benefits and received a redundancy payment.

So the question is that although we are relying on category A non salaried income - which according to the rules requires 6 months payslips the form is asking for 12months payslips.

What should happen in this scenario- should we simply state earning same amount and just provide 6 months payslips or wait until 12 months or provide an explanation but the latter could possibly mean the application is refused because he was on benefits even though he had the job offer in place to start in January.

In addition he is also replying on savings or at least has stated that as he does have them.

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Re: Financial Requirement Category

Post by CR001 » Wed Oct 30, 2019 8:47 am

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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Re: Financial Requirement Category

Post by seagul » Wed Oct 30, 2019 3:25 pm

Bighouse2020 wrote:
Wed Oct 30, 2019 8:43 am
.

.
just provide 6 months payslips or provide an explanation
Yes 6 months of payslips with corresponding bank statements & employer letter. Also attach covering letter clarify that error where online form is assuming you under category B and asking 12 months of payslips instead 6 months.
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Re: Financial Requirement Category

Post by Bighouse2020 » Wed Oct 30, 2019 4:19 pm

Thank you as ever for the response 😊

Is this a known error on the form

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Re: Financial Requirement Category

Post by Bighouse2020 » Fri Nov 01, 2019 1:38 pm

Once the application has been submitted it gives you two options to either scan docs ( supporting documents)yourself or take them with you to the biometric appointment.

What if the Spondor is in the UK, can they just go to a UK based VFS centre and pay the fee and have them scanned despite the final message online at VFS asking to bring the documents to the biometric appointment.

Please note the biometric appointment is in Pakistan.

If the UK sponsor is allowed to go to the VFS centre in the UK should the documents be scanned and uploaded before the biometric appointment or after.

Please help

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Re: Financial Requirement Category

Post by seagul » Fri Nov 01, 2019 3:19 pm

Bighouse2020 wrote:
Fri Nov 01, 2019 1:38 pm
Once the application has been submitted it gives you two options to either scan docs ( supporting documents)yourself or take them with you to the biometric appointment.

What if the Spondor is in the UK, can they just go to a UK based VFS centre and pay the fee and have them scanned despite the final message online at VFS asking to bring the documents to the biometric appointment.

Please note the biometric appointment is in Pakistan.

If the UK sponsor is allowed to go to the VFS centre in the UK should the documents be scanned and uploaded before the biometric appointment or after.

Please help

Yes uk sponsor can go to vfs centre/ukvcas centre in uk for documents scanning & uploading.

https://www.vfsglobal.co.uk/pk/en/vacs/ ... -documents
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Financial Requirement Category

Post by Bighouse2020 » Fri Nov 01, 2019 3:28 pm

Should they uploaded before or after the appointment

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Re: Financial Requirement Category

Post by seagul » Fri Nov 01, 2019 3:31 pm

Bighouse2020 wrote:
Fri Nov 01, 2019 3:28 pm
Should they uploaded before or after the appointment
Once the application will be submitted then it will advise you.
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Re: Financial Requirement Category

Post by Bighouse2020 » Fri Nov 08, 2019 10:04 am

Hi

Can someone help me with this 28 day rule.

If the application is submitted on the 1st November do you need to provide all information like financial HR letter dated 28 days before the 1st November or is it 28 days after the 1st November.

Does it make any difference that the biometric appointment is on the 28th November- does the deadline actually mean after the biometric appointment

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Re: Financial Requirement Category

Post by geoeng » Fri Nov 08, 2019 10:46 am

Bighouse2020 wrote:
Fri Nov 08, 2019 10:04 am
If the application is submitted on the 1st November do you need to provide all information like financial HR letter dated 28 days before the 1st November or is it 28 days after the 1st November.
28 days before the date of application.
Bighouse2020 wrote:
Fri Nov 08, 2019 10:04 am
Does it make any difference that the biometric appointment is on the 28th November
No. Only the date of application matters.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Appendix II form

Post by Bighouse2020 » Tue Nov 19, 2019 9:00 am

Can someone please advise whether the VAF appendix II form also needs to be completed in addition to the online form and scanned at a VFS centre for a UK Spouse VISA- the centre has given a title sheet with a barcode on that says Appendix II

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Re: Financial Requirement Category

Post by AJ100 » Tue Nov 19, 2019 9:50 am

Hello Bighouse2020,

Many had a successful application without submitting the VAF appendix 2. In my case, I submitted this to be on the safer side and to avoid delay. You will see many of the questions are just repetition but I did not want to take any chances after checking the below guide.

https://www.migrate.org.uk/spouse-visa- ... vaf4a-form

I hope it helps.

AJ

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Re: Financial Requirement Category

Post by Bighouse2020 » Tue Nov 19, 2019 11:47 am

Thank you, yes better to be safe than sorry. Surely there’s no penalty for more info than little!

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Re: Financial Requirement Category

Post by Bighouse2020 » Tue Nov 19, 2019 1:40 pm

Is it also necessary to include the sponsorship undertaking form too :?:

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