Financial requirements query spouse visa

[Spinneys]

Need help

We are going to apply for the spouse visa by next week but unfortunately our last month ie nov salary is £1503 besides that the previous every month salary is more than £1580 every month. We are providing payslips from june to nov. Now here most of my friends saying that it will be straight forward refusal if income requirement is not fulfilled coz the nov month income is 1503 which makes the yearly income of 18036 and home office calculates from the least income as we are hour basis pay is it ture

And our yearly gross will be more than 20k if we calculate all

So my query is will that one month less will refuse the visa or whatelse should we do to cover it up. Note we have completed our online forms and all. only now this is the issue remaining to sort out.

Any idea or suggestions plz

[seagul]

Your friends have forewarned you correctly because the lowest wage figure during the last six months would be taken as you seems of being a salaried person with fixed wages of £20K. Despite of all above, you can still meet the criteria if you have earned at least £18600 during the last 12 months under category B.

[TODMATT]

Need help

We are going to apply for the spouse visa by next week but unfortunately our last month ie nov salary is £1503 besides that the previous every month salary is more than £1580 every month. We are providing payslips from june to nov. Now here most of my friends saying that it will be straight forward refusal if income requirement is not fulfilled coz the nov month income is 1503 which makes the yearly income of 18036 and home office calculates from the least income as we are hour basis pay is it ture

And our yearly gross will be more than 20k if we calculate all

So my query is will that one month less will refuse the visa or whatelse should we do to cover it up. Note we have completed our online forms and all. only now this is the issue remaining to sort out.

Any idea or suggestions plz

Look at the official guidance below to see the different between salaried and non salaried to see which one applies to you.

"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 for at least 6 months prior to the date of application,
they can count their gross annual salary towards the financial requirement. In doing
so they must have been paid throughout the period of 6 months prior to the date of
application at a level of gross annual salary which equals or exceeds the level relied
upon in the application.

Gross income from non-salaried employment will be counted on the same basis as
income from salaried employment where the person has been with the same
employer for 6 months or more at the date of application.
Non-salaried employment includes that paid at an hourly or other rate (and the
number and/or pattern of hours required to be worked may vary) or paid an amount
which varies according to the work undertaken. Salaried employment includes that
paid at a minimum fixed rate (usually annual) which is usually subject to a
contractual minimum number of hours to be worked."

page 18

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

[Spinneys]

Your friends have forewarned you correctly because the lowest wage figure during the last six months would be taken as you seems of being a salaried person with fixed wages of £20K. Despite of all above, you can still meet the criteria if you have earned at least £18600 during the last 12 months under category B.

So in our case we are not fixed salaried so still they calculate from the lowest wage figure which is for us is from nov 1503 and if they calculate from it then we cant meet the requirements.

[Spinneys]

Need help

We are going to apply for the spouse visa by next week but unfortunately our last month ie nov salary is £1503 besides that the previous every month salary is more than £1580 every month. We are providing payslips from june to nov. Now here most of my friends saying that it will be straight forward refusal if income requirement is not fulfilled coz the nov month income is 1503 which makes the yearly income of 18036 and home office calculates from the least income as we are hour basis pay is it ture

And our yearly gross will be more than 20k if we calculate all

So my query is will that one month less will refuse the visa or whatelse should we do to cover it up. Note we have completed our online forms and all. only now this is the issue remaining to sort out.

Any idea or suggestions plz

Look at the official guidance below to see the different between salaried and non salaried to see which one applies to you.

"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 for at least 6 months prior to the date of application,
they can count their gross annual salary towards the financial requirement. In doing
so they must have been paid throughout the period of 6 months prior to the date of
application at a level of gross annual salary which equals or exceeds the level relied
upon in the application.

Gross income from non-salaried employment will be counted on the same basis as
income from salaried employment where the person has been with the same
employer for 6 months or more at the date of application.
Non-salaried employment includes that paid at an hourly or other rate (and the
number and/or pattern of hours required to be worked may vary) or paid an amount
which varies according to the work undertaken. Salaried employment includes that
paid at a minimum fixed rate (usually annual) which is usually subject to a
contractual minimum number of hours to be worked."

page 18

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

It seems like we can go ahead with it right? Or m i missunderstanding plz clear me many thanks

[seagul]

Your friends have forewarned you correctly because the lowest wage figure during the last six months would be taken as you seems of being a salaried person with fixed wages of £20K. Despite of all above, you can still meet the criteria if you have earned at least £18600 during the last 12 months under category B.

So in our case we are not fixed salaried so still they calculate from the lowest wage figure which is for us is from nov 1503 and if they calculate from it then we cant meet the requirements.

A brief glimpse over your prefatory post was giving the impression of you being earning some fixed wages varying slightly perhaps due to undertaking the overtime which now has been clarified of not being the case. Assuming you have no guaranteed/fixed contractual hours/income of any extent despite the whole income vary due to overtime then if you have earned at least £9300 during the last 6 months regardless of how much you have earned in a particular month/point then can meet the requirement.

[seagul]

Go through the following official guidance especially the examples on it and also check the other ways of meeting the requirement too as fallback:

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

[Spinneys]

Your friends have forewarned you correctly because the lowest wage figure during the last six months would be taken as you seems of being a salaried person with fixed wages of £20K. Despite of all above, you can still meet the criteria if you have earned at least £18600 during the last 12 months under category B.

So in our case we are not fixed salaried so still they calculate from the lowest wage figure which is for us is from nov 1503 and if they calculate from it then we cant meet the requirements.

A brief glimpse over your prefatory post was giving the impression of you being earning some fixed wages varying slightly perhaps due to undertaking the overtime which now has been clarified of not being the case. Assuming you have no guaranteed/fixed contractual hours/income of any extent despite the whole income vary due to overtime then if you have earned at least £9300 during the last 6 months regardless of how much you have earned in a particular month/point then can meet the requirement.

thanks for the reply

Let me clear my situation
actually my contract hour is 43 hrs per week and earnings are hourly based so the payslip that i am submitting is from june to nov
Here is how the earnings are

June 1868
July 2083
Aug 1669
Sep 1768
Oct 2242
Nov 1503

Now how HO gonna calculate ours either as whole then we meet Financial requirements but if they calculate from the low paid one which is of nov then it will not

Plz light me up thanks would be great help for me

[seagul]

thanks for the reply

Let me clear my situation
actually my contract hour is 43 hrs per week

Ah that's what was my initial guesstimate at first post from the wording of your query. That's means you are a salaried person with varying overtime.

and earnings are hourly based so the payslip that i am submitting is from june to nov
Here is how the earnings are

June 1868
July 2083
Aug 1669
Sep 1768
Oct 2242
Nov 1503

Now how HO gonna calculate ours either as whole then we meet Financial requirements but if they calculate from the low paid one which is of nov then it will not

Plz light me up thanks would be great help for me

Your partial understanding is correct that they will take the lowest wage figure. As now your situation is more clearer as per which you would fall under both (salaried & none-salaried). For this purpose you would have to segregate your overtime (the amount above to your contractual income) then calculate its annualised average by taking its total from the last 6 months /6 ×12= ??. Resultant figure add back to the wage figure derived by taking the lowest figure of your contractual income.