Queries regarding new rules

[helpfinder]

hi according to the new rules if you are making 18600 then do you still need to have savings of 16000? also is the 18600 before tax or after tax and for 52 weeks or 48 weeks?

[Greenie]

hi according to the new rules if you are making 18600 then do you still need to have savings of 16000? also is the 18600 before tax or after tax and for 52 weeks or 48 weeks?

if you are earning £18600 and this is the threshold you need to meet (i.e. you don't have children who are also being sponsored) then you don't also need savings. The £18,600 is gross annual income, i.e. before tax. I don't understand why anyone would think it refers to 48 weeks, given there are 52 weeks in a year.

[helpfinder]

thanks. how long do you need to show statements and wage slips for the job that you make 18600 from. i have been working there for two months and i dont need any savings atall. not a penny?

[Greenie]

thanks. how long do you need to show statements and wage slips for the job that you make 18600 from. i have been working there for two months and i dont need any savings atall. not a penny?

See Statement of Intent particularly from para 132

[helpfinder]

theres nothing is paragraph 132 that explains the time period of your 18600 job

[Greenie]

theres nothing is paragraph 132 that explains the time period of your 18600 job

sorry 141.

[helpfinder]

in para 141 it states

Category A: salaried employment for the last six months
141.
Where the sponsor and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the point of application and has been with the same employer for at least the last six months, the applicant can count the gross annual salary (at its lowest level in those six months) towards the financial requirement.

however in para 144 it states

Category B: salaried employment for less than the last six months
144.
Where the sponsor and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the point of application and has been with the same employer for less than the last six months, the applicant can count the gross annual salary at the point of application towards the financial requirement.

i am confused. i started this 18600 job 2 months ago and dont understand between these 2 if it has to be 6 months or not. both statements say the opposite of each other. one states 6 months and the other says it can be less than 6 months

also in 162 it says

What can be counted
162.
In all cases:

•
Where the gross (pre-tax) amount of income cannot be properly evidenced, the net (post-tax) income will be counted towards the gross income requirement

i thought it was before tax 18600 but this states something else

[Greenie]

the statements do not say the opposite, they represent two different options.

Category A
If you have been with the same employer for 6 months or more, then you can rely on the gross annual salary from that job. In other words, if you have been working for an employer for 6 months or more at the point of appliaction and earning £18,600 + per year you only need to show the income from the 6 months, meaning that even if you were earning less than £18,600 before you started working for that employer you would still meet the requirements

Category B
If you have been working for the employer for less than 6 months, you will need to show that you gross income over the 12 months prior to the application is £18,600

162 is only explaining that if you can't show what your gross income is, they will take your net income as your gross income

[helpfinder]

so if i show that i have been working there for 2 months then i would have to show that before working there my old job paid me 18600 but if i wait until 6 months of this employement then i dont have to show anything before the 6 months?

[Greenie]

so if i show that i have been working there for 2 months then i would have to show that before working there my old job paid me 18600 but if i wait until 6 months of this employement then i dont have to show anything before the 6 months?

if you have been working there for 2 months you need to show that your gross income in the 12 months prior to the application is £18,600

If you wait until you have been there for 6 months you only need to show that your income over that 6 months as being equivalent to £18,600 per annum.

[helpfinder]

so i have to show an income of 9300 before tax for 6 months right. can their be a gap of a month because i am going abroad for a month between the 6 months?
also under the new regulations the period is extended from 2 to 5 years so the 16000 times 2.5 only makes it 2 and a half years and not 5. isnt it supposed to be 16000 times 5 plus 2600 times 5 which is equal to 93000 for someone who doesnt work? i mean 18600 times 5 years. but how will that work out because for someone who does work 18600 is before tax

[helpfinder]

please reply greenie

[Greenie]

Regarding the gap - I am not sure - possibly not if the gap of a month would mean that your annual salary would not be £18,600

The 2.5 multiplier is due to the fact that the visa will be issued for an inital 2.5 years (30 months), applicants then need to extend their leave for a further 30 months once they have completed the initial 30 months.

I can't comment on the tax issue - perhaps there are potential tax implications of having such large amounts in savings hence why they have set the amounts at the same level and indeed otherwise it would be very complicated.

[helpfinder]

thanks. why is it 16000 savings plus what makes up to 18600 like for example if someone earns 17600 he has to have 16000 plus 1000 times 2.5 in savings to make up for it. the savings should be 1000 a year to make it 17600 plus 1000.

[Greenie]

This is explained in the statement of intent. £16000 in savings is generally the amount that would mean a person is not entitled to income based benefits for example jsa and housing benefit. Therefore savings need to be above this amount to be counted.

[helpfinder]

but if you make 17600 for example then it shows you are only 1000 less the threshold so if you make 17600 you need to have savings of 18500 but if you make 18600 you dont need any savings atall. just because of a 1000 less of the threashold savings go from 0 to 18500. can u explain this

[Greenie]

You are asking me as if i have drafted the rules! All i can imagine is that it would be far too complicated to formulate it differently. In the scenario you have suggested where the shortfall is only small then yes there would probably be no entitlement to benefits but if for example a person had an income of 7000 then there would probably be an entitlement to income based benefits even if the person had 15,000 in savings.

[helpfinder]

ok if my mum and me live together and only she receives housing benefit but i have to pay a share of rent because i am working does this disqualify me for applying for my spouse?

[helpfinder]

hi im going abroad next month to get married. i earn 400 a week which is roughly 20,000 a year which meets the financial requirement of 18,600. my question is that im staying abroad for 6 weeks and i have been at my current job for 3 months. they will give 2 weeks holiday pay. now to get 6 months wage at one job from category a there will be a gap if i go abroad and come back. will they accept the gap in between with no wage if i have 3 months wage slips before going abroad and 3 months after i come back equal to six moths