Confused about fortnightly pay, unpaid leave and the financial requirement.

[Sun_Z]

Hello,

So I am a UK citizen and would like to bring my partner over on a spouse visa. However, I am confusing myself with the financial requirement rules. Basically I have been working in a new job since this August (before that I wasn't working for the prior 12 months).

I have been working through an agency for the same company throughout earning over the needed £18,600 per annum, and get paid fortnightly. I do a shift rotation of 2 weeks working and 2 weeks off, however the pay is always the same every month as it is a fixed day rate x14. This company will make me permanent from next January.

I was hoping to apply through cat A in Feb so I have been looking through my payslips. I have been paid every 2 weeks as expected since August, except in September and October where there was a just under 4 week gap between payslips. I have not lost a payslip but this is due to the fact that we were put on unpaid leave (agency staff) for a week due to some building works taking place. This was on top of our usual 2 week leave.

So it looks like I have got all payslips with 2 week intervals, apart from between September and October as there is just under a 4 week interval. However, I still got paid over the required £1,550 on these payslips. Will this affect my application under cat A? I expect to include a cover letter with the application stating my employment start date, and the fact we had to take unpaid leave if this helps?

And also, if I have to apply under cat B would I have to provide 12 months payslips? I have calculated I will have earnt more than the £18,600 by spring. But that would only be around 8 month payslips. I have not seen my partner for a long time, and the thought of having to spend longer apart is sickening, as we have both had our hearts set on Feb. Any advice is very much appreciated!

[seagul]

Hello,

So I am a UK citizen and would like to bring my partner over on a spouse visa. However, I am confusing myself with the financial requirement rules. Basically I have been working in a new job since this August (before that I wasn't working for the prior 12 months).

I have been working through an agency for the same company throughout earning over the needed £18,600 per annum, and get paid fortnightly. I do a shift rotation of 2 weeks working and 2 weeks off, however the pay is always the same every month as it is a fixed day rate x14. This company will make me permanent from next January.

I was hoping to apply through cat A in Feb so I have been looking through my payslips. I have been paid every 2 weeks as expected since August, except in September and October where there was a just under 4 week gap between payslips. I have not lost a payslip but this is due to the fact that we were put on unpaid leave (agency staff) for a week due to some building works taking place. This was on top of our usual 2 week leave.

So it looks like I have got all payslips with 2 week intervals, apart from between September and October as there is just under a 4 week interval. However, I still got paid over the required £1,550 on these payslips. Will this affect my application under cat A? I expect to include a cover letter with the application stating my employment start date, and the fact we had to take unpaid leave if this helps?

For meeting the requirement under category A the requirement to actually have the required number of payslips is mandatory with no discretion. Also note that even if you will be hired by the employer of the working place where you have been working through agency would be tantamount as change of employer possibly engendering category B.

[seagul]

And also, if I have to apply under cat B would I have to provide 12 months payslips? I have calculated I will have earnt more than the £18,600 by spring. But that would only be around 8 month payslips. I have not seen my partner for a long time, and the thought of having to spend longer apart is sickening, as we have both had our hearts set on Feb. Any advice is very much appreciated!

You can qualify under category B with lesser payslips than of 12 months provided of having earned at least £18600 during the last 12 months. Go through the following official guidance to see as what actually is required under both categories:
https://www.google.com/url?sa=t&source= ... a8VCfDfJBU

[Sun_Z]

Hello seagul, thank you for the quick reply. Is there anything you would suggest then? It is especially worrying that I also might not be eligible for cat B

I have spent hours looking through the guidelines but they are very much confusing me.

My payslips dates were as follows if it makes things a bit clearer:

21/08/20
04/09/20
02/10/20
16/10/20
30/10/20 etc.

Like I said above, I meet the financial requirement when the payslips are looked at on a month by month basis.

[seagul]

Hello seagul, thank you for the quick reply. Is there anything you would suggest then? It is especially worrying that I also might not be eligible for cat B

I have spent hours looking through the guidelines but they are very much confusing me.

My payslips dates were as follows if it makes things a bit clearer:

21/08/20
04/09/20
02/10/20
16/10/20
30/10/20 etc.

Like I said above, I meet the financial requirement when the payslips are looked at on a month by month basis.

A mere display of a month on payslips wouldn't curtain the regular pattern/frequency of wages which in your is case is fortnightly. As stated earlier that under category A the UKVI is very strict & rigid over the documents and the same wouldn't be covered even by attaching a covering letter/employer letter, and dismally there is no temporary concession over the supporting documents. However, there are some temporary concessions over the wounded income due to covid 19 which you can find in previously supplied guidance.

[Sun_Z]

Hi,

I have looked thorough the covid guidelines, and unfortunately they do not cover this unpaid leave (as it was due to construction work).

So it looks like I won't be able to apply in Feb Considering I am due to be offered a permanent contract with this company in Jan, would that also not allow me to apply for cat B in Spring?

The agency isn't owned by the employer, but the agency supplies workers to the employer as agency staff. As such, I am on a agency contract for now and paid fortnightly. When I am offered permanent employment I will have a different contract and be paid monthly. Surely I should be able to apply if I have earnt over £18,600?

[seagul]

Hi,

I have looked thorough the covid guidelines, and unfortunately they do not cover this unpaid leave (as it was due to construction work).

So it looks like I won't be able to apply in Feb Considering I am due to be offered a permanent contract with this company in Jan, would that also not allow me to apply for cat B in Spring?

If you would be offered an annual wage of at least £18600 and if you would have earned at least £18600 during the last 12 months then certainly can proceed with category B. Also remember that nothing falter someone to voluntarily rely on category B despite most fit in category A.

The agency isn't owned by the employer, but the agency supplies workers to the employer as agency staff. As such, I am on a agency contract for now and paid fortnightly. When I am offered permanent employment I will have a different contract and be paid monthly. Surely I should be able to apply if I have earnt over £18,600?

It would be counted as change of employer and will fall under category B

[Sun_Z]

Ah thanks I think I understand now! The role will be over £18,600, and by Spring (taking into this new salary increase into account) I will have earned over £18,600.

So, just to make it clear: When it comes to April and I have earned a gross salary of over £18,600 in the past 12 months I can submit the 8 months payslips I have, and this will be accepted? As it will be less than 12 months payslips, but still more than the £18,600 required?

[Sun_Z]

And also, one last question. If I volunteer to do overtime to get to the £18,600 magical number faster would this be ok?

[Korekt]

Ah thanks I think I understand now! The role will be over £18,600, and by Spring (taking into this new salary increase into account) I will have earned over £18,600.

So, just to make it clear: When it comes to April and I have earned a gross salary of over £18,600 in the past 12 months I can submit the 8 months payslips I have, and this will be accepted? As it will be less than 12 months payslips, but still more than the £18,600 required?

Correct!

[Korekt]

And also, one last question. If I volunteer to do overtime to get to the £18,600 magical number faster would this be ok?

That's fine. Certainly for category B.

As soon as you hit that figure after being made permanent in January, go for it. As long as the other requirements are met.

[seagul]

Ah thanks I think I understand now! The role will be over £18,600, and by Spring (taking into this new salary increase into account) I will have earned over £18,600.

So, just to make it clear: When it comes to April and I have earned a gross salary of over £18,600 in the past 12 months I can submit the 8 months payslips I have, and this will be accepted? As it will be less than 12 months payslips, but still more than the £18,600 required?

You can qualify under category B with lesser payslips than of 12 months provided of having earned at least £18600 during the last 12 months.

[seagul]

And also, one last question. If I volunteer to do overtime to get to the £18,600 magical number faster would this be ok?

Yes and also remember that apart of doing the overtime with same employer you can combine any income from all other employers too.