Employment Letter - Category B non-salaried employment

[jellyhat_mousse]

Hello! I wonder if anyone can help shed some light on my current situation and the best way forward.

I am sponsoring a proposed civil partnership visa for my Ukrainian partner, and we were just about ready to apply when I lost my job on a cruise ship because of COVID-19.

We are applying under category B.
The first part of the requirement is met because my earnings over the previous 12 months are over £18,600.

I have taken a temporary job at a supermarket to tide me over, which is a basic salary plus overtime. I have had an offer to move to a permanent contract with the same employer with a higher salary.

My first question is, when working out the gross annual salary -
Total gross payments received divided by number of weeks in employment multiplied by 52, would I count my gross earnings from the very start of my employment with the supermarket, or from the start of the new permanent contact with higher salary rate?

My second question is - if I have worked for multiple employers over the 12 month period, does it matter if one of my previous gross annual salary rates was lower than the requirement, if my current position offers over 18,600 and I have earned over 18,600 from employment over the last 12 months?

Apologies, I know this is a bit of a confusing one, but any help would/advice would be much appreciated! Many thanks

[geoeng]

My first question is, when working out the gross annual salary -
Total gross payments received divided by number of weeks in employment multiplied by 52, would I count my gross earnings from the very start of my employment with the supermarket, or from the start of the new permanent contact with higher salary rate?

First of all, good thinking taking the temporary job, you made things much easier for yourself in doing so.

This depends a bit on how the permanent position is paid. If it's a salaried position, you can simply count the annual salary at the date of application towards this portion of the Category B financial requirement. The wording of Appendix FM-SE and the financial requirement guidance document isn't particularly clear on this but it suggests, to me, that the period considered is for a specific employment and I would probably use the start of the new permanent contract for the calculation (particularly if it involves signing a new employment contract). Unless this drastically changes whether or not you meet the financial requirement, I wouldn't worry too much about this issue.

My second question is - if I have worked for multiple employers over the 12 month period, does it matter if one of my previous gross annual salary rates was lower than the requirement, if my current position offers over 18,600 and I have earned over 18,600 from employment over the last 12 months?

Doesn't matter what your previous annual salaries were as long as the current position pays sufficiently and the total gross employment income in the 12 months prior to the application date meets the financial requirement.

[jellyhat_mousse]

Thank you ever so much for your response. You’ve put my mind at ease.
We had everything in order and now back to square one on the employment documents, so your help is much appreciated!

[seagul]

My first question is, when working out the gross annual salary -
Total gross payments received divided by number of weeks in employment multiplied by 52, would I count my gross earnings from the very start of my employment with the supermarket, or from the start of the new permanent contact with higher salary rate?

First of all, good thinking taking the temporary job, you made things much easier for yourself in doing so.

This depends a bit on how the permanent position is paid. If it's a salaried position, you can simply count the annual salary at the date of application towards this portion of the Category B financial requirement. The wording of Appendix FM-SE and the financial requirement guidance document isn't particularly clear on this but it suggests, to me, that the period considered is for a specific employment and I would probably use the start of the new permanent contract for the calculation (particularly if it involves signing a new employment contract). Unless this drastically changes whether or not you meet the financial requirement, I wouldn't worry too much about this issue

In case of varying income same none-salaried person approach formula will be used to get the annualized average income by taking the total of last 6 months wages from all jobs which should be at least £9300. However, If the wages don't vary and is fixed then it would be considered.

[geoeng]

In case of varying income same none-salaried person approach formula will be used to get the annualized average income by taking the total of last 6 months wages from all jobs which should be at least £9300. However, If the wages don't vary and is fixed then it would be considered.

Sorry, I'm not sure what you're getting at. That's not how the calculation works for Category B.

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.

[seagul]

In case of varying income same none-salaried person approach formula will be used to get the annualized average income by taking the total of last 6 months wages from all jobs which should be at least £9300. However, If the wages don't vary and is fixed then it would be considered.

Sorry, I'm not sure what you're getting at. That's not how the calculation works for Category B.

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.

See official example from guidance:

Example (c)
The applicant’s partner lives in the UK and is a fashion photographer who does short-term
contract work for several agencies. He has periods without work and the amount he is paid
varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most
recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The
application is made on the basis of meeting the financial requirement under Category B non-
salaried employment.
Under part (1) of Category B, the applicant’s partner’s current annual employment income
= (gross earnings over the last 6 months, divided by 6) multiplied by 12
= ((3500+0+0+2300+3400+500) ÷ 6) x 12
= (9,700 ÷ 6) x 12
= £19,400
Under part (2) of Category B, the applicant’s partner’s actual employment income over last
12 months
= £20,000
So both part (1) and part (2) of Category B are met.

[geoeng]

See official example from guidance:

I'm familiar with the example in the guidance, but the origin of the 6 month period used is rather unclear. Even going back to Appendix FM-SE, the calculation isn't based on the period 6 months prior to the date of application for determining gross annual salary for non-salaried employment.

18. (f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
(aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
(bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.

[jellyhat_mousse]

I was looking at this... hmm...

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.

I’m assuming ‘that employment’ would refer to the supermarket contract. But would it be from the start of my temporary contract with that employer or my permanent contract with that employer which came three months later...?

[seagul]

See official example from guidance:

I'm familiar with the example in the guidance, but the origin of the 6 month period used is rather unclear.

From Last 6 months prior to making application from photography job.

[jellyhat_mousse]

It seems like I’d definitely fall into the second category here as the supermarket is non salaried (hourly rate)
Just not clear whether I need to calculate based on the total time with that employment or from the time I’ve been receiving my salary rate at the higher level.

“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).
Where the person is in non-salaried employment – the level of gross annual employment income relied upon in the application can be no greater than the annual equivalent of the person’s average gross monthly income from that non-salaried employment.
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.”

[jellyhat_mousse]

Hello I wonder if anyone is able to help. I need to calculate my average gross annual salary.
My employment began on 23rd March, so I have 3 payslips (the first one only accounts for one week’s work)
My contract stipulates a weekly basic pay rate, but my wages are paid into my bank account account monthly.

My question is, which formula do I use?

Total income % 3 months X 12 (as I have 3 payslips) Or...

Total income % 11 weeks X 52 (as the contact states basic weekly rate)


If I need to go with the monthly option am I allowed to divide by 2.25 months to account for the fact that the first payslip only covers 1 week of work?

Any advice would be much appreciated!! Thank you so much

[CR001]

Topics Merged (click to read forum rule on multiple topics)!

[jellyhat_mousse]

Hello. I wonder if anyone can help me. We will be submitting my partner’s fiancé visa application in 4 week’s time, once I have an employment letter from my most recent employer.

We are applying under category B as I have worked for 3 different employers over the last year. And I have not been with my current employer for 6 months.

Xxxxxx - salaried employment £24,600 gross annual salary

Aaaaa - non salaried

BBB n - non salaried


My CURRENT employer will be providing an employment letter detailing all the necessary information, INCLUDING gross annual salary.

I have also got employment confirmation letters from my PREVIOUS employers - aaaaaa and bbbbbbb, which contain all the necessary info except gross annual salary.
My question is, since the other requirement is that the total income received from employment over the previous 12 months must be equal to or greater than £18,600, is it also necessary for my previous employment letters to contain a gross annual salary figure, or is it sufficient to have confirmation of payslip figures, dates of employment etc. I’m starting to worry that the letters I’ve got from my previous employers may not be accepted.

Many thanks for your help!

Example of letter below:

To the Home Office

I write to confirm that XXXXXX was an employee of bbbbbbbb on a contractual basis from December 2016 and passed all probationary periods, having completed several contracts on board bbbbb vessels in the position of Lead Soloist.

Since 25th October 2019 Ms XXXXX’s net salary rate was €100/day (£84.8764 as per OANDA.com).

During the on board period, The Shipowner/Employer paid on behalf of the Seafarer contributions to the Italian Social Security System. The Shipowner/Employer also paid on behalf of the Seafarer income tax according to the Italian tax requirements. Salary on board is paid monthly.

The rehearsal fee was paid at the same net daily rate as the on board period, and an additional €32/per-diem was added. This was paid out in EUR biweekly. No social insurance or tax is paid by bbbbb during the rehearsal period.

Ms XXXXX is responsible for any necessary tax payments in the UK.

I can confirm the following payslip figures, and subsequent net payments to Ms XXXXX for the previous 12 months:

May 2019
Rehearsal Pay - Period One €1,815.00 (net total) £1,616.82 (as per OANDA.com)
Rehearsal Pay - Period Two €1,936.00 (net total) £1,724.61 (as per OANDA.com)

Total - €3,751.00 (net) £3,341.43 (as per OANDA.com)

June 2019
Rehearsal Pay - Period One €1,815.00 (net total) £1,616.82 (as per OANDA.com)
Rehearsal Pay - Period Two €847.00 (net total) £754.51 (as per OANDA.com)

On Board Pay bbbbb - €712,00.00 (net) £634.25 (as per OANDA.com)

Total - €3,374.00 (net) £3,005.59 (as per OANDA.com)

July 2019
On Board Pay bbbbb - €2,852.00 (net) £2,540.59 (as per OANDA.com)

August 2019
On Board Pay bbbbb - €2,852.00 (net) £2,540.59 (as per OANDA.com)

September 2019
On Board Pay bbbbb - €2,760.00 (net) £2,458.64 (as per OANDA.com)

October 2019
On Board Pay bbbbb - €2,908.00 (net) £2,590.48 (as per OANDA.com)

November 2019
On Board Pay bbbbb - €900.00 (net) £801.72 (as per OANDA.com)
On Board Pay bbbbbb - €2,100.00 (net) £1,870.70 (as per OANDA.com)

Total - €3,000.00 (net) £2,672.43 (as per OANDA.com)

December 2019
On Board Pay bbbbb - €2,200.00 (net) £1,959.78 (as per OANDA.com)

March 2020
Rehearsal Pay - Period One - €1452.00 (net total) £1,293.46 (as per OANDA.com)
Rehearsal Pay - Period Two - €528.00 (net total) £470.34 (as per OANDA.com)

Total - €1980.00 (net) £1,763.80 (as per OANDA.com)


Unfortunately, Ms XXXXXX most recent contract was terminated early due to the COVID-19 outbreak. A termination notice was issued on the 17th March 2020 and Ms XXXXX was repatriated to the UK on the 19th March 2020. Payment was up to and including 19th March 2020. Should she wish to return, we would be glad to welcome her back once the situation has improved.

lf you need any further information in relation to XXXXXXXX’s employment with bbbbbbb, please don't hesitate to contact me.

Signature,
date,
full name,
address,
phone number,
email address.

[CR001]

Topics Merged (click to read forum rule on multiple topics)!

???

[seagul]

Hello. I wonder if anyone can help me. We will be submitting my partner’s fiancé visa application in 4 week’s time, once I have an employment letter from my most recent employer.

We are applying under category B as I have worked for 3 different employers over the last year. And I have not been with my current employer for 6 months.

Xxxxxx - salaried employment £24,600 gross annual salary

Aaaaa - non salaried

BBB n - non salaried


My CURRENT employer will be providing an employment letter detailing all the necessary information, INCLUDING gross annual salary.

I have also got employment confirmation letters from my PREVIOUS employers - aaaaaa and bbbbbbb, which contain all the necessary info except gross annual salary.
My question is, since the other requirement is that the total income received from employment over the previous 12 months must be equal to or greater than £18,600, is it also necessary for my previous employment letters to contain a gross annual salary figure, or is it sufficient to have confirmation of payslip figures, dates of employment etc. I’m starting to worry that the letters I’ve got from my previous employers may not be accepted.

Many thanks for your help!

Example of letter below:

To the Home Office

I write to confirm that XXXXXX was an employee of bbbbbbbb on a contractual basis from December 2016 and passed all probationary periods, having completed several contracts on board bbbbb vessels in the position of Lead Soloist.

Since 25th October 2019 Ms XXXXX’s net salary rate was €100/day (£84.8764 as per OANDA.com).

During the on board period, The Shipowner/Employer paid on behalf of the Seafarer contributions to the Italian Social Security System. The Shipowner/Employer also paid on behalf of the Seafarer income tax according to the Italian tax requirements. Salary on board is paid monthly.

The rehearsal fee was paid at the same net daily rate as the on board period, and an additional €32/per-diem was added. This was paid out in EUR biweekly. No social insurance or tax is paid by bbbbb during the rehearsal period.

Ms XXXXX is responsible for any necessary tax payments in the UK.

I can confirm the following payslip figures, and subsequent net payments to Ms XXXXX for the previous 12 months:

May 2019
Rehearsal Pay - Period One €1,815.00 (net total) £1,616.82 (as per OANDA.com)
Rehearsal Pay - Period Two €1,936.00 (net total) £1,724.61 (as per OANDA.com)

Total - €3,751.00 (net) £3,341.43 (as per OANDA.com)

June 2019
Rehearsal Pay - Period One €1,815.00 (net total) £1,616.82 (as per OANDA.com)
Rehearsal Pay - Period Two €847.00 (net total) £754.51 (as per OANDA.com)

On Board Pay bbbbb - €712,00.00 (net) £634.25 (as per OANDA.com)

Total - €3,374.00 (net) £3,005.59 (as per OANDA.com)

July 2019
On Board Pay bbbbb - €2,852.00 (net) £2,540.59 (as per OANDA.com)

August 2019
On Board Pay bbbbb - €2,852.00 (net) £2,540.59 (as per OANDA.com)

September 2019
On Board Pay bbbbb - €2,760.00 (net) £2,458.64 (as per OANDA.com)

October 2019
On Board Pay bbbbb - €2,908.00 (net) £2,590.48 (as per OANDA.com)

November 2019
On Board Pay bbbbb - €900.00 (net) £801.72 (as per OANDA.com)
On Board Pay bbbbbb - €2,100.00 (net) £1,870.70 (as per OANDA.com)

Total - €3,000.00 (net) £2,672.43 (as per OANDA.com)

December 2019
On Board Pay bbbbb - €2,200.00 (net) £1,959.78 (as per OANDA.com)

March 2020
Rehearsal Pay - Period One - €1452.00 (net total) £1,293.46 (as per OANDA.com)
Rehearsal Pay - Period Two - €528.00 (net total) £470.34 (as per OANDA.com)

Total - €1980.00 (net) £1,763.80 (as per OANDA.com)


Unfortunately, Ms XXXXXX most recent contract was terminated early due to the COVID-19 outbreak. A termination notice was issued on the 17th March 2020 and Ms XXXXX was repatriated to the UK on the 19th March 2020. Payment was up to and including 19th March 2020. Should she wish to return, we would be glad to welcome her back once the situation has improved.

lf you need any further information in relation to XXXXXXXX’s employment with bbbbbbb, please don't hesitate to contact me.

Signature,
date,
full name,
address,
phone number,
email address.

Whatever you have is sufficient to meet the criteria of category B. Make sure to attach all corresponding bank statements and better to not send them the employer letters from previous employers unless they ask these at later because not everyone is asked for that.

[jellyhat_mousse]

Thank you so much for your answer. You’ve put my mind at rest

[jellyhat_mousse]

My new contract issued by my employer has been signed by myself but has no option to be signed by the employer. I have asked if they would be able to sign/stamp the contract, but they’ve said this is not their usual practice.

When it states in the guidelines that a contract must be signed, I'm not sure if that mean by the sponsor, employer, or both.

I was thinking I could explain why there is no employer signature in my covering letter.

[seagul]

My new contract issued by my employer has been signed by myself but has no option to be signed by the employer. I have asked if they would be able to sign/stamp the contract, but they’ve said this is not their usual practice.

When it states in the guidelines that a contract must be signed, I'm not sure if that mean by the sponsor, employer, or both.

I was thinking I could explain why there is no employer signature in my covering letter.

If they don't sign then simply ask them to confirm in same letter as being against their policy. Maybe if works.

[jellyhat_mousse]

I was wondering if someone is able to advise whether this employment letter from my employer will be sufficient. I think it’s a standard form they release so I don’t know how much room there is to edit details. I have just started my new position as per the appendix I don’t believe there is any minimum term you need to be working for as long as you are employed on the application date. We are applying under category B and have payslips/employment letters/contracts for the other employment over the 12 months as well as bank statements highlighting income.

To whom this may concern,
Income Reference: SPONSOR NAME
Date: 14 July 2020
Our Ref: XXXX Contact: XXXX Direct Line: XXXX E-mail: XXXX
In reply to your request, I supply the following details for your information.
Job Title: XXXX
Date Appointed: 13/07/2020
Temporary or Permanent: Permanent
NI Number: XXXX

Annual Salary: £20,619 per annum
Overtime (Last 3 months) N/A
Overtime is not guaranteed

Allowances Payable: -
July 2020: Unsocial Allowance £105.32
July 2020: Weekend Working £150.38
TaxRef: XXXX
Tax office: XXXX

Once the probationary period has been completed, normally (6 months for xxxx 2 years for xxxx) the employment can be regarded as being of a reasonably permanent nature.
Yours sincerely,
XXXXX
XXXXX
HR Service Centre Assistant XXXX HR Service Centre

[seagul]

I was wondering if someone is able to advise whether this employment letter from my employer will be sufficient. I think it’s a standard form they release so I don’t know how much room there is to edit details. I have just started my new position as per the appendix I don’t believe there is any minimum term you need to be working for as long as you are employed on the application date. We are applying under category B and have payslips/employment letters/contracts for the other employment over the 12 months as well as bank statements highlighting income.

To whom this may concern,
Income Reference: SPONSOR NAME
Date: 14 July 2020
Our Ref: XXXX Contact: XXXX Direct Line: XXXX E-mail: XXXX
In reply to your request, I supply the following details for your information.
Job Title: XXXX
Date Appointed: 13/07/2020
Temporary or Permanent: Permanent
NI Number: XXXX

Annual Salary: £20,619 per annum
Overtime (Last 3 months) N/A
Overtime is not guaranteed

Allowances Payable: -
July 2020: Unsocial Allowance £105.32
July 2020: Weekend Working £150.38
TaxRef: XXXX
Tax office: XXXX

Once the probationary period has been completed, normally (6 months for xxxx 2 years for xxxx) the employment can be regarded as being of a reasonably permanent nature.
Yours sincerely,
XXXXX
XXXXX
HR Service Centre Assistant XXXX HR Service Centre

Seems fine. Unless you are working on fixed contract you don't need to provide any ending date.

[jellyhat_mousse]

Brilliant, thank you. My only concerns were that it doesn’t specify The word “gross” salary, and that it doesn’t include my middle name.

But fingers crossed it will be acceptable. We’re hoping to submit our application on Monday.

[jellyhat_mousse]

We’ve finally submitted our application form, and have booked my partner’s biometrics in 2 weeks time.
I have just noticed that the U.K. address on his TB certificate is my old address (my parents’ house) and not the address where we will be living together and which the immigration housing report has been done on.
Is this ok? Or should he get another test done as it’s likely to cause a problem?
Thanks for the advice!

[CR001]

We’ve finally submitted our application form, and have booked my partner’s biometrics in 2 weeks time.
I have just noticed that the U.K. address on his TB certificate is my old address (my parents’ house) and not the address where we will be living together and which the immigration housing report has been done on.
Is this ok? Or should he get another test done as it’s likely to cause a problem?
Thanks for the advice!

Not an issue. Unclear why you didn't put your spouse home country address, which would have made more sense.

[jellyhat_mousse]

Both addresses are on the certificate my partner’s home address in his home country and my (sponsor) previous home address in the U.K.

[seagul]

Both addresses are on the certificate my partner’s home address in his home country and my (sponsor) previous home address in the U.K.

No issue as its not an evidence for proof of address.