spouse visa - total income 12 months more than £18600 is ok?

[PLANDID]

Hi
My sister wants to apply for spouse visa. Her spouse works and paid £10.89 hourly.

His actual average earning for last 6 months (total earnings in 6 months divided by 6 times 12 months )does not equal to £18600 or more.

But his earnings actual in total in the last 12 months in the same job becomes more than £18600 because he worked extra hours in many months.

[geoeng]

To apply using Category B (using 12 months income), there are 2 criteria that need to be met:
1. Total income in the 12 months prior to the date of application meets the financial requirement.
2. Annual "salary" at the date of application meets the financial requirement. For non-salaried employment, this is based on an annual equivalent of average income as follows: "To calculate this annualised average for non-salaried employment in Category B the following calculation should be used: (Total gross income from non-salaried employment in the period prior to the date of application for which that employment has been held) divided by the number of months and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is weekly, or by the number of days and multiplied by 365 where payment is daily) = Income from non-salaried employment that can be counted towards the financial requirement."

It sounds like your sister would meet the first criteria, you would need to calculate if the second criteria is met to see if she would qualify under Category B. Additional details in the guidance document below.

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

[AmazonianX]

Hi
My sister wants to apply for spouse visa. Her spouse works and paid £10.89 hourly.

His actual average earning for last 6 months (total earnings in 6 months divided by 6 times 12 months )does not equal to £18600 or more.

But his earnings actual in total in the last 12 months in the same job becomes more than £18600 because he worked extra hours in many months.

Category B Application - check that thevincome to be used meets this requirement

[PLANDID]

To apply using Category B (using 12 months income), there are 2 criteria that need to be met:
1. Total income in the 12 months prior to the date of application meets the financial requirement.
2. Annual "salary" at the date of application meets the financial requirement. For non-salaried employment, this is based on an annual equivalent of average income as follows: "To calculate this annualised average for non-salaried employment in Category B the following calculation should be used: (Total gross income from non-salaried employment in the period prior to the date of application for which that employment has been held) divided by the number of months and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is weekly, or by the number of days and multiplied by 365 where payment is daily) = Income from non-salaried employment that can be counted towards the financial requirement."

It sounds like your sister would meet the first criteria, you would need to calculate if the second criteria is met to see if she would qualify under Category B. Additional details in the guidance document below.

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

Thank you for your reply @geoeng. He has been working for this employer for few years. The payment is received monthly. He has last 12 months payslips.

[AmazonianX]

To apply using Category B (using 12 months income), there are 2 criteria that need to be met:
1. Total income in the 12 months prior to the date of application meets the financial requirement.
2. Annual "salary" at the date of application meets the financial requirement. For non-salaried employment, this is based on an annual equivalent of average income as follows: "To calculate this annualised average for non-salaried employment in Category B the following calculation should be used: (Total gross income from non-salaried employment in the period prior to the date of application for which that employment has been held) divided by the number of months and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is weekly, or by the number of days and multiplied by 365 where payment is daily) = Income from non-salaried employment that can be counted towards the financial requirement."

It sounds like your sister would meet the first criteria, you would need to calculate if the second criteria is met to see if she would qualify under Category B. Additional details in the guidance document below.

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

The guru answered you in detail already

[geoeng]

He has been working for this employer for few years. The payment is received monthly. He has last 12 months payslips.

This is enough to satisfy the first criterion of Category B. The second criterion for non-salaried employment is based on annual equivalent of average gross monthly income. If you are not meeting the financial requirement using income in the last 6 months, unfortunately I cannot find a reference in the immigration rules to when the period for calculating that average is supposed to start for employment that has been held for longer than a month. The quote from the guidance suggests the average is to be calculated from when the employment started and not specifically in the last 12 months. Hopefully someone else can chip in with their opinion.

[TODMATT]

Hi
My sister wants to apply for spouse visa. Her spouse works and paid £10.89 hourly.

His actual average earning for last 6 months (total earnings in 6 months divided by 6 times 12 months )does not equal to £18600 or more.

But his earnings actual in total in the last 12 months in the same job becomes more than £18600 because he worked extra hours in many months.

In order to fufil 2 conditions

1. Using the formula below to calculate the first condition

To calculate this annualised average for non-salaried employment in Category B the following calculation should be used: (Total gross income from non-salaried employment in the period prior to the date of application for which that employment has been held) divided by the number of months and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is weekly, or by the number of days and multiplied by 365 where payment is daily) = Income from non-salaried employment that can be counted towards the financial requirement."


2. Add all the payslips received in the period of 12 months together including the current payslips and if it is £18,600? you have fulfill both conditions under CAT B Non salaried.

[PLANDID]

Thank you. Actually, now it seems he meets the 6 months calculation rules as it becomes more than 19k. He is around £500 short in total income of 12 months. But he is waiting for another payment from December 2019, hopefully this will cover the total income of £18,600

[TODMATT]

Thank you. Actually, now it seems he meets the 6 months calculation rules as it becomes more than 19k. He is around £500 short in total income of 12 months. But he is waiting for another payment from December 2019, hopefully this will cover the total income of £18,600

You are welcome. if you meet the condition for CAT A non salaried then use that as its much simple otherwise CAT B non salaried is another option for you provided you can fulfill those 2 conditions as discussed above.

[geoeng]

Actually, now it seems he meets the 6 months calculation rules as it becomes more than 19k. He is around £500 short in total income of 12 months. But he is waiting for another payment from December 2019, hopefully this will cover the total income of £18,600

If the financial requirement can be met using the annualised average income in the 6 months prior to the application date, the application could be submitted under Category A, in which case the total income in the previous 12 months wouldn't matter.

[PLANDID]

Actually, now it seems he meets the 6 months calculation rules as it becomes more than 19k. He is around £500 short in total income of 12 months. But he is waiting for another payment from December 2019, hopefully this will cover the total income of £18,600

If the financial requirement can be met using the annualised average income in the 6 months prior to the application date, the application could be submitted under Category A, in which case the total income in the previous 12 months wouldn't matter.

Not sure which answer to choose, will it be c or d Because in the last 6 months he got around £9,800 in total. Of this he received around 1000 in one month, 1300 in another month, 1450 in a different month.

What do they earn? (Required)

a.The same amount continuously, above the financial requirement amount

b.The same amount continuously, below the financial requirement amount

c.Not the same amount continuously, above the financial requirement amount

d.Not the same amount continuously, below the financial requirement amount

[geoeng]

Not sure which answer to choose, will it be c or d Because in the last 6 months he got around £9,800 in total. Of this he received around 1000 in one month, 1300 in another month, 1450 in a different month.

If you choose D, I'm guessing the application will be refused for not meeting the financial requirement. So C would be the right one to choose if the financial requirement is met.

[PLANDID]

Not sure which answer to choose, will it be c or d Because in the last 6 months he got around £9,800 in total. Of this he received around 1000 in one month, 1300 in another month, 1450 in a different month.

If you choose D, I'm guessing the application will be refused for not meeting the financial requirement. So C would be the right one to choose if the financial requirement is met.

Ok. will choose c as i think also this would be the correct option. Many thanks to geoeng, todmatt.